HomeMy WebLinkAboutLL 2009 #14DAVID A. PATERSON
(~OVERNOR
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
99WASHINGTON AVENUE
ALBANY, NY 12231-0001
LORRAINE A. CORT~S-VAZQUEZ
SECRETARYOFSTATE
November 20, 2009
Lynda M Rudder
DeputyTown Clerk
Town Hall, 53095 Main Road
PO Box 1179
Southold NY 11971
RECEIVED
NOV 2 § 2009
Southold Town Clerk
RE: Town of Southold, Local Law 14. 2009, filed on November 20, 2009
Dear Sir/Madam:
The above referenced material was received and filed by this office as indicated.
Additional local law filing forms can be obtained from out website, www.dos.state.ny.us.
Sincerely,
Linda Lasch
Principal Clerk
State Records and Law Bureau
(518) 474-2755
WWW.DO$.STATE,NY,US · E-MAIL:INFO~DOS.STATE.NY.US
UC E
oD-riS°ntr~ oneMS' Linda Lasch, Principal Clerk
eD [ NYSDOS, State Records & Law Bureau
IorPOt Commerce Plaza
r'- [Dit~g~, 99 Washington Avenue
I Albany, NY 12231-0001
· Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailplece,
or on the front if space permits.
1. Aeflcle Addresssd to:
Ms. Linda Lasch. Principal Clerk
NYSDOS, State P. ecords & Law Bammu
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-0001
A. Signature
B. Recalvedby(FWntedName) C. Date of Dellver~
D. Isdallve~addressdlfferent ftomitern 17 [] Yes
If YES, enter dalivery address below: [] No
3. Sen~lce 'type
~'*C,e~'tlfl ed Mall
[] Registered
I-I Insured Mall
[] Express Mall
[] Retum Recalpt for Merchandise
[] C,O.D.
4. Restricted Dalivery? (E~ra Fee) r~ Yes
2. A rticleNumber 7009 0820 0001 782{3 7221
(Tmnsler from sen/ice labe0
PS Form 3811, Fe~uaty 2004 ~ ~ ~
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY~ NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
[] County
[] City
[] Town of
~ Village
SOUTHOLD
Local Law No. 14
of the year 2009.
A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code, Article X entitled Hamlet
~usiness (HB) District and Article XI entitled General Business (B) District".
Be it enacted the Town Board of the:
[] County
[] City
[] Town of
[] Village
SOUTHOLD
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. In consideration of these goals, the Town has found that certain retail uses have
characteristics that can cause an adverse impact on the public health, safety and welfare. Convenience
stores accessory to gas station uses, because of their proximity to similar uses and their operation
characteristics, including increased traffic generation, long hours of operation, bright lights, and the
noise and litter problems associated with such uses, tend to be more intrusive to the community, and
have the potential to cause adverse impacts. This local law is intended to mitigate the potential impacts
of convenience stores accessory to gas station uses by ensuring, through the appropriate revisions to
the Town Code, that accessory convenience stores are located on sites that have adequate on-site
parking and circulation, are a sufficient distance away from similar uses and are designed to fit in with
the community in scale, architecture, and overall site design in order to preserve the community's
character.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
{}280-4. Definitions. [Amended 7-31-1973]
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rev.05/05)
CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed and stocked to
sell prepackaged food items, beverages, periodicals and household goods for off-premise consumption.
ARTICLE X
Hamlet Business (HB) District
{}280-45. Use regulations.
A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection
A(1), (2), (3) and (20) hereof, are subject to site plan approval by the Planning Board:
Subparagraphs 1 through 13 - text remains the same.
(23) Convenience stores.
Accessory uses. The following uses are permitted as accessory uses and except for residential accessory
uses and signs, which are subject to Article XIX, are subject to site plan review:
Subparagraphs 1 and 2 - text remains the same.
(3) Convenience store located with a prior non-conforming gas station use (gas stations are not a
permitted use in the HB zone, however, there are a number of pre-existing gas stations in
operation) shall be considered an accessory use subject to site plan review, only if the following
requirements are met:
(a)
(b)
(c)
(d)
(e)
Maximum gross floor area of the retail store equals 800 square feet or less, including
storage and counter area.
Parking requirement equal to one space per 100 square feet of floor area devoted to retail
sales area including the sales counter and retail products storage. The gas station must
still meet its parking requirement separately, however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
The physical design, including color and use of materials, of the establishment shall he
sensitive to the visual and physical characteristics of other buildings, public spaces and
uses in the particular location, and shall comply with the retail building standards in 280-
45 A(7) (a)-(e) to the extent practicable.
Signs for the convenience store shall conform with Article XIX of this Chapter, and
further, may not be lit from within.
Formula food franchises are not permitted within accessory convenience stores.
(4)
Convenience stores associated with gas stations that do not meet these requirements are
considered a second principal use and must meet the minimum bulk schedule requirements (e.g.,
a gas station with a convenience store that is 1,200 square feet in size must have a minimum of
69,999 40,000 square feet of lot area).
(5)
Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the
enactment of this law may continue as they are with no increase in size unless they can meet the
requirements for a second principal use.
ARTICLE XI
General Business (B) Distxict
{}280-48. Use regulations.
2
A. Permitted uses. The following uses are permitted uses and, except for these uses permitted under
subsection A(I), (12) and (13) hereof, are subject to site plan approval by the Planning Board.
Subparagraphs 1 through 13 -text remains the same.
(14) Convenience stores.
Accessory uses. The following uses are permitted as accessory uses and, except for residential
accessory uses and signs, which are govemed by Article XIX, are subject to site plan review:
Subparagraphs I through 3 - text remains the same.
(4) Convenience store located with a gas station use shall be considered an accessory use subject to
site plan review, only if the following requirements are met:
(5)
(6)
(a) Maximum gross floor area of the retail store equals 800 square feet or less, including
storage and counter area.
(b) Parking requirement equal to one space per 100 square feet of floor area devoted to retail
sales area including the sales counter and retail products storage. The gas station must
still meet its parking requirement separately, however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
(c) The physical design, including color and use of materials, of the establishment shall be
sensitive to the visual and physical characteristics of other buildings, public spaces and
uses in the particular location, and shall comply with the retail building standards in 280-
45 A(7) (a)-(e) to the extent practicable.
(d) Signs for the convenience store and gas station shall conform with Article XIX of this
chapter.
(e) Formula food franchises are not permitted within accessory convenience stores.
Convenience stores associated with gas stations that do not meet these requirements are
considered a second principal use and must meet the minimum bulk schedule requirements (e.g.,
a gas station with a convenience store that is 1,200 square feet in size must have a minimum of
60,000 sqi~are feet of lot area).
Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the
enactment of this law may continue to operate as a non-conforming use with no increase in size
unless they can meet the requirements for a second principal use.
ARTICLE XVIII
Parking and Loading Areas
§280-78 Off-street parking areas.
Type of Use
Convenience Stores
Required Number of Parking Spaces
at least 1 space per 100 square feet of gross floor area of the retail
store, including storage and counter space
III. SEVER_ABILITY
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.
(Complete the certification in the paragraph that applie~ to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 09 . of the
(Czun.%')(C!.%~)(Town) (V~agz) of SOUTHOLD was duly passed by the
TOWN BOARD on November 4 , 20 09 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 __, and was (approved)(not approvedXre-passed after
;approval) by the and was deemed duly adopted on 20
accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason ora (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20__ Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified
electors of such city voting thereon at the (speeial)(general) election held on 20 __,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph I , above.
(SeaO
Clerk of the ~-unty I~gislative body. City. Town or
Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: November 23~ 2009
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
~her authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law con~t text and
have been had or taken for the enactment of the local law annexe~
Signatur&._..~//
Martin D. Finnegan, Town Attorney
Jennifer Andaloro~ Esq.~ Assistant Town Attorney
Title
Town of SOUTHOLD
Date:
November 23~ 2009
that all proper proceedings
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
RECEIVED
~oulhold Town Cle¢~
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
November 17, 2009
Town of Southold
PO Box 1179
Southold, New York 11935
Att: Ms. Elizabeth A. Neville, Clerk
Applicant:
Zoning Action:
S.C.P.D. File No..:
S.C.P.D. File No.:
Town of Southold
Amendment: Section 280-4, 45, 48 &
78- Article X entitled Hamlet Business
(HB) District and Article X1 entitled
General Business (B) District
September 29, 2009
SD-09-LD
Dear Ms. Neville:
Pursuant to the requirements of Sections AI4-14 thru A14-25 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 A. Isles, AICP
Chief Planner
APF:ds
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
ELIZABETH A. NEVH,LE, RMC, CMC
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
November 17, 2009
Certified Mail
Local Law No. 14 of 2009
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-001
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copies of Local Law No. 14 of 2009 of the Town of
Southold, suitable for filing in your office.
1 would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY~ NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
rn County
r~ City
[] Town of
~n Village
SOUTHOLD
Local Law No. 14
of the year 2009.
A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code, Article X entitled Hamlet
Business (HB) District and Article XI entitled General Business (B) District".
Be it enacted the Town Board of the:
[~ County
[3 City
[] Town of
Cl Village
SOUTHOLD
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. In consideration of these goals, the Town has found that certain retail uses have
characteristics that can cause an adverse impact on the public health, safety and welfare. Convenience
stores accessory to gas station uses, because of their proximity to similar uses and their operation
characteristics, including increased traffic generation, long hours of operation, bright lights, and the
noise and litter problems associated with such uses, tend to be more intrusive to the community, and
have the potential to cause adverse impacts. This local law is intended to mitigate the potential impacts
of convenience stores accessory to gas station uses by ensuring, through the appropriate revisions to
the Town Code, that accessory convenience stores are located on sites that have adequate on-site
parking and circulation, are a sufficient distance away from similar uses and are designed to fit in with
the community in scale, architecture, and overall site design in order to preserve the community's
character.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
{}280-4. Definitions. [Amended 7-31-1973]
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239(Rcv.05/05)
CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed and stocked to
sell prepackaged food items, beverages, periodicals and household goods for off-premise consumption.
ARTICLE X
Hamlet Business (HB) District
§280-45. Use regulations.
A. Permitted uses. The following uses are permitted uses and, except for these uses permitted under
subsection A(1), (12) and (13 hereof, are subject to site plan approval by the Planning Board.
Subparagraphs 1 through 13 - text remains the same.
(14) Convenience stores.
Accessory uses. The following uses are permitted as accessory uses and except for residential accessory
uses and signs, which are subject to Article XIX, are subject to site plan review:
Subparagraphs I and 2 - text remains the same.
(3) Convenience store located with a prior non-conforming gas station use (gas stations are not a
permitted use in the HB zone, however, them are a number of pre-existing gas stations in
operation) shall be considered an accessory use subject to site plan review, only if the following
requirements are met:
(a)
(b)
(c)
(d)
(e)
Maximum gross floor area of the retail store equals 800 square feet or less, including
storage and counter area.
Parking requirement equal to one space per 100 square feet of floor area devoted to retail
sales area including the sales counter and retail products storage. The gas station must
still meet its parking requirement separately, however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
The physical design, including color and use of materials, of the establishment shall be
sensitive to the visual and physical characteristics of other buildings, public spaces and
uses in the particular location, and shall comply with the retail building standards in 280-
45 A(7) (a)-(e) to the extent practicable.
Signs for the convenience store shall conform with Article XIX of this Chapter, and
further, may not be lit from within.
Formula food franchises are not permitted within accessory convenience stores.
(4)
Convenience stores associated with gas stations that do not meet these requirements are
considered a second principal use and must meet the minimum bulk schedule requirements (e.g.,
a gas station with a convenience store that is 1,200 square feet in size must have a minimum of
~n,,v,vvvntm 40,000 square feet of lot area).
(5)
Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the
enactment of this law may continue as they are with no increase in size unless they can meet the
requirements for a second principal use.
ARTICLE XI
General Business (B) District
§280-48. Use regulations.
2
A. Permitted uses. The following uses are permitted uses and, except tbr these uses permitted under
subsection A(1), (12) and (13 hereof, are subject to site plan approval by the Planning Board.
Subparagraphs 1 through 13 - text remains the same.
(14) Convenience stores.
Accessory uses. The following uses are permitted as accessory uses and, except for residential
accessory uses and signs, which are governed by Article XIX, are subject to site plan review:
Subparagraphs I through 3 - text remains the same.
(4) Convenience store located with a gas station use shall be considered an accessory use subject to
site plan review, only if the following requirements are met:
(5)
(6)
(a) Maximum gross floor area of the retail store equals 800 square feet or less, including
storage and counter area.
(b) Parking requirement equal to one space per 100 square feet of floor area devoted to retail
sales area including the sales counter and retail products storage. The gas station must
still meet its parking requirement separately, however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
(c) The physical design, including color and use of materials, of the establishment shall be
sensitive to the visual and physical characteristics of other buildings, public spaces and
uses in the particular location, and shall comply with the retail building standards in 280-
45 A(7) (a)-(e) to the extent practicable.
(d) Signs for the convenience store and gas station shall conform with Article XIX of this
chapter.
(e) Formula food franchises are not permitted within accessory convenience stores.
Convenience stores associated with gas stations that do not meet these requirements are
considered a second principal use and must meet the minimum bulk schedule requirements (e.g.,
a gas station with a convenience store that is 1,200 square feet in size must have a minimum of
60,000 square feet of lot area).
Pre-existing, non-conforming convenience stores with the proper approvals in place prior to the
enactment of this law may continue to operate as a non-conforming use with no increase in size
unless they can meet the requirements for a second principal use.
ARTICLE XVIII
Parking and Loading Areas
§280-78 Off-street parking areas.
Type of Use
Convenience Stores
Required Number of Parking Spaces
at least 1 space per 100 square feet of gross floor area of the retail
store, including storage and counter space
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.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 09 . of the
(Cz::.~ty)(C~ty)(Town) ('.'~agz) of SOUTHOLD was duly passed by the
TOWN BOARD on November 4 , 20 09 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval) by the and was deemed duly adopted on 20__
~n accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
1 hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 ., and was (approved)(not approved)(repassed after
disapproval) by the on 20__. Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law~
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide
basis or, lf there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 __
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the (special)(general) election held on 20 __
became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto, designated as local law No of 20 __
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
1 further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
(Seal)
Clerk of~]~ i-20unty legislative b~dy. City~'Town or
Village Clerk or officer designated by local legislative body
Elizabeth A. Neville, Town Clerk
Date: November 10t 2009
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
1, the undersigned, hereby certify that the foregoing local law contain~and that all proper proceedings
have been had or taken for the enactment of the local law annexed he-~~)~
Signature ~
Martin D. Finnegan, Town Attorney
Jennifer Andaloro~ Esq. Assistant Town Attorney
Title
Town of SOUTHOLD
Date:
November l0t 2009
MARTIN D. FINNEGAN
TOWN ATTORNEY
mar tin.finnegan Cc~town.southold.ny.us
JENNIFER ANDALORO
ASSISTANT TOWN ATTORNEY
j ennifer.andaloro@town.southold.ny.us
LORI M. HULSE
ASSISTANT TOWN ATTORNEY
lori.hulse@town.southold.ny.us
SCOTT A. RUSSELL
Supervisor
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
MEMORANDUM
RTCEJV~:D
To: Ms. Elizabeth A. Neville, Town Clerk
From: Lynne Krauza ! ? ~? '3
Secretary to the Town Attorney
Date: November 16, 2009 Sou~]~,~ To~,,~ C!er~
Subject: LUConvenience Stores
SEQRA
For your records, I am enclosing the original, fully executed Short
Environmental Assessment Form in connection with the referenced matter.
have retained a copy of this document in our file.
We
Also attached is a copy of the resolution authorizing Scott to sign this
document.
If you have any questions, please do not hesitate to call me. Thank you
for your attention.
/Ik
Enclosures
cc: Members of the Town Board (w/encls.)
Martin D. Finnegan, Town Attorney (w/encls.)
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
1. APPLICANT/SPONSOR ]2. PROJECT NAME
Town of Southold / "A Local Law in relation to Amendments to the Zoning Code,
3. PROJECT LOCATION:
Municipality Southold County Suflblk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Jurisdictional limits of the Town of Southold
5. PROPOSED ACTION IS:
[] New [] Expansion [] Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
Proposed amendments to "A Local Law in relation to Amendments to the Zoning Code, Article X entitled Hamlet Business (HB)
District and Article X[ entitled General Business (B) District"
7. AMOUNTOF LAND AFFECTED:
Initially ]'~/~ acres Ultimately NA acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] NO If NO, describe
briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other
Describe:
NA
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes [] No If Yes, list agency(a) name and
permit/approvals:
New York Department of State
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [] No If Yes, list agency(s) name and
permit/approvals:
NA
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO
I CERTIFY THAT THE INP/ORMATION PROVIDED ABOVE IS T~UE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: ~"~O t_~ O~ -.~)t~-"('~'t~:~ /'U~ Date: 10/19/09
Signature: _
If the action is in the Coastal Area, and you are a state agency, complete the ~
Coastal Assessment Form before proceeding with this assessment
I
OVER
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and uso the FULL EAF.
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
[~] Yes [~]No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2. Aesthetic, agricultural, archaeological, histodc, or other natural or cultural resources; or community or neighborhood character? Explain bdefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly:
None
C4. A community*s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None
C6. Long term, short term. cumulative, or other effects not identified in Cl -C57 Explain bdefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly:
None
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes [] NO If Yes, explain briefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] NO If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~ge, important or othe~vise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f~ magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charac[eristics of the CEA,
] ~heckthisb~xify~uhaveidenti~ed~ne~rm~rep~~entia~~yrarge~rsigni~CantadveraeimpactswhichMAY~ccur~ ThenproceeddirecUytotheFULL
EAF and/or prepare a positive declaration.
] Check this box if you have determined, based on the information and analysis above and any supporting documentation, thatthe proposed action WILl.
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the masons supporting this determination
Town of Southold Town Board
Name of Lead Agency
Print or Type~~
Sig'l'~t ur~ of Responsible Officer in Lead Agency
10/19/09
Date
Supervisor
RESOLUTION 2009-866
ADOPTED
DOC ID: 5383
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-866 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 20, 2009:
RESOLVED that the Town Board of thc Town of Southold hereby finds that the proposed "A
Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet
Business (HB) District and Article XI entitled General Business (B) District" is classified as
an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that
thc Town Board of thc Town of Southold hereby establishes itself as lead agency for thc
uncoordinated review of this action and issues a Negative Declaration for the action in
accordance with the recommendation of Mark Terry dated October 19, 2009, and authorizes
Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent
with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront
Consistency Review.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
SOUTHOLD TOWN BOARD
PUBLIC HEARING
October 20, 2009
4:40 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Thomas Wickham
Councilman Albert Krupski, Jr
Councilman William Ruland
Councilman Vincent Orlando
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 6:09 PM
COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been
presented to the Town Board of the Town of Southold, Suffolk County, New York, on
the 22nd day of September, 2009, a Local Law entitled "A Local Law in relation to
Amendments to the Zonin~ Code~ Article X entitled Hamlet Business (HB) District
and Article X1 entitled General Business (B) District" 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 20th day of October, 2009 at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to the
Zoning Code~ Article X entitled Hamlet Business (HB) District and Article XI
entitled General Business (B) District" reads as follows:
LOCAL LAW NO. 2009
A Local Law entitled, "A Local Law in relation to Amendments to the Zoning, Code.
Article X entitled Hamlet Business (HB) District and Article XI entitled General
Business (B) District".
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. In consideration
of these goals, the Town has found that certain retail uses have characteristics that
can cause an adverse impact on the public health, safety and welfare.
Amendments to the Zoning Code Public Hearing
October 20, 2009
Convenience stores, because of their proximity to similar uses and their operation
characteristics, including increased traffic generation, long hours of operation,
bright lights, and the noise and litter problems associated with such uses, tend to
be more intrusive to the community, and have the potential to cause adverse
impacts. This local law is intended to mitigate the potential impacts of
convenience stores by ensuring, through the appropriate revisions to the Town
Code, that convenience stores are located on sites that have adequate on-site
parking and circulation, are a sufficient distance away from similar uses and are
designed to fit in with the community in scale, architecture, and overall site
design in order to preserve the community's character.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§280-4. Definitions. [Amended7-31-1973]
CONVENIENCE STORE - A t'ctail slmc generally less than 5,000 square feet that is
designed and stocked to sell prepackaged food items, beverages, periodicals and
household goods for off-premise consumption.
ARTICLE X
Hamlet Business (HB) District
§280-45. Use regulations.
C. Accessory uses. The following uses are permitted as accessory uses and except
for residential accessory uses and signs, which are subject to Article XIX, are
subject to site plan review:
Subparagraphs 1 and 2 - text remains the same.
(3) Convenience store located with a prior non-conforming gas station use
(gas stations are not a permitted use in the HB zone, however, there are a
number of pre-existing gas stations in operation) shall be considered an
accessory use subject to site plan review, only if the following
requirements are met:
(a) Maximum gross floor area of the retail store equals 800 square feet
or less, including storage and counter area.
(b) Parking requirement equal to one space per 100 square feet of floor
area devoted to retail sales area including the sales counter and
retail products storage. The gas station must still meet its parking
requirement separately, however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
(c) The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical
characteristics of other buildings, public spaces and uses in the
particular location, and shall comply with the retail building
standards in 280-45 A(7) (a)-(e) to the extent practicable.
(d) Advertisements of any kind, including audio or visual, and
including trademark logos, may not be affixed, painted or glued
onto the windows of the business or onto any exterior structures,
including banners or flags, and may not be displayed via outdoor
monitors or t.v.s.
(e) Signs for the convenience store shall conform with Article XIX of
Amendments to the Zoning Code Public Hearing 3
October 20, 2009
this Chapter, and further, may not be lit from within.
(_f) Formula food restaurants are not permitted within accessory
convenience stores.
(4) Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the
minimum bulk schedule requirements (e.g., a gas station with a
convenience store that is 1,200 square feet in size must have a minimum
of 60,000 square feet of lot area).
(5) Pre-existing, non-conforming convenience stores with the proper
approvals in place prior to the enactment of this law may continue as they
are with no increase in size unless they can meet the requirements for a
second principal use.
ARTICLE XI
General Business (B) District
§280-48. Use regulations.
C. Accessory uses. The following uses are permitted as accessory uses and, except
for residential accessory uses and signs, which are governed by Article XIX, are subject
to site plan review:
Subparagraphs 1 through 3 - text remains the same.
(4) Convenience store located with a gas station use shall be considered an
accessory use subject to site plan review, only if the following
requirements are met:
(a) Maximum gross floor area of the retail store equals 800 square feet
or less, including storage and counter area.
(b) Parking requirement equal to one space per 100 square feet of floor
area devoted to retail sales area including the sales counter and
retail products storage. The gas station must still meet its parking
requirement separately, however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
(c) The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical
characteristics of other buildings, public spaces and uses in the
particular location, and shall comply with the retail building
standards in 280-45 A(7) (a)-(e) to the extent practicable.
(d) Advertisements of any kind, including audio or visual, and
including trademark logos, may not be affixed, painted or glued
onto the windows of the business or onto any exterior structures,
including banners or flags, and may not be displayed via outdoor
monitors or t.v.'s.
(e) Signs for the convenience store and gas station shall conform with
Article XIX of this chapter.
(f} Formula food restaurants are not permitted within accessory
convenience stores.
Amendments to the Zoning Code Public Heating
October 20, 2009
(~) Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the
minimum bulk schedule requirements (e.g., a gas station with a
convenience store that is 1,200 square feet in size must have a minimum
of 60,000 square feet of lot area).
(6) Pre-existing, non-conforming convenience stores with the proper
approvals in place prior to the enactment of this law may continue to
operate as a non-conforming use with no increase in size unless they can
meet the requirements for a second principal use.
ARTICLE XVIII
Parking and Loading Areas
§280-78 Off-street parking areas.
Type of Use
Required Number of Parking Spaces
Convenience Stores
at least 1 space per 100 square feet of gross
floor area of the retail store, including
storage and counter space
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.
The primary purpose of this legislation is to deal with convenience stores associated with
gas stations. Gas stations are allowed in hamlet business only as pre-existing, non-
conforming gas stations. In the business, general business zones, they are allowed there
as of right. (commentary made during the reading of the public hearing)
That summarizes the proposed law that is in front of us tonight. I have a notice here that
it has appeared in the Suffolk Times newspaper as a legal, it has appeared on the Town
Clerk's bulletin board outside. The County of Suffolk has said that this is a matter for
local determination, so they are not going to weigh in on this. The principal planner and
LWRP coordinator has concluded in a memo of October 19th, that this, based upon the
information provided to the department, this proposed action is consistent with the
LWRP policy standards and therefore is approvable as, under the LWRP. I have a short
environmental assessment form that has been submitted together with the file and finally
a memo from the Town Planning Board, dated October 19Ch. 'The Planning Board
supports the concept of limiting the size and other aspects of convenience stores at gas
stations. Most of the gas stations in Southold came into a being at a time in the past when
Amendments to the Zoning Code Public Hearing
October 20, 2009
there were fewer cars on the road. Site cimulation, parking and traffic were much less of
an issue then, allowing a gas station to operate on a very small site with no problems.
Many of those sites do not offer much in the way of parking or safe circulation under
crowded conditions and are thus not well suited to handle the higher volume of cars
currently using their sites. After reviewing the proposed code amendments, the Planning
Board offers the following. The section regarding signs is unnecessarily restrictive. The
Town code already addresses advertising and window signs in article 19, which restricts
them to a certain percentage of the window area. Two, the Town Board should consider
adding specific language about outdoor advertising monitors to the sign code so that it
applies to all businesses, not just to this one type of business, convenience. They are a
new aspect of advertising that the code has not been clear about in the past and they are
out of character with the community. Three, section 280-45 c 4 should state 40,000
square feet in the example instead of 60,000 square feet. The hamlet business district
requires 20,000 square feet per use. And finally, the Town Board should consider adding
the accessory use to the LB business zone, what I just read applies to hamlet business and
general business. Their recommendation number four, the Board should consider adding
accessory use to the LB business zone in addition to those two to cover existing gas
stations in that zoning district, too. It appears the proposed amendments go beyond
addressing only convenience stores accessory to gas stations in the definitions and
parking section.' And those are the only notes in the file.
SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board
on this particular issue?
BETH STEARNS: Hi, I am Beth Steams from Mattituck. I did not hear anything that
would tell me, well, perhaps you can clarify for me whether this law, this resolution that
you passed relates at all to the proposed 7-11 at the Citgo station in Mattituck? I am very
concemed that the 7-11 is a possibility to go in there because it exacerbates problems that
already exist on that site and I really implore the Town Board to take whatever means it
may possibly take to prevent 7-11 going up there, not because I personally I personally
do not appreciate 7-11, although I don't, but because living in that area, I experience
every day that the traffic pattern is not sufficient fight now to be safe, in my view, and
that I do not believe that whatever change to the traffic pattern 7-11 might provide will
ameliorate the situation, I think. It may not be as bad as a traffic pattern as could possibly
go in but I think it will exacerbate the situation. I am also concerned about loitering in
the area, I am concerned about increased litter in the area but mostly I think that it is a
safety hazard to have people coming in and out with the frequency that they will and the
hours that they will. So I please, I know that this a late point in that process, but I really
hope that the Board will use all creativity and diligence to prevent the 7-11 going up in
that spot. We already have a number of convenience store type of or fast food type of
situations in Mattituck and I see t hat further east that is not the case and I ask you that if
you live in another hamlet of this town that you bring the same concern that you would
have for your own hamlet to the hamlet of Mattituck and please stop the 7-11 from going
there. Thank you.
SUPERVISOR RUSSELL: Who else would like to address the Town Board?
Amendments to the Zoning Code Public Hearing 6
October 20, 2009
MARYANN: My name is Maryann, I am one of the owners of the Antique Deli that is
directly across the street from where you are going to put 7-11.
COUNCILMAN ORLANDO: We are not putting 7-11 there.
SUPERVISOR RUSSELL: Where one is proposed.
MARYANN: Okay. But I know a few of you are for it and a few of you are against it
and I am probably wasting my time but I have been told that it has already gone through,
there is not much more that we can do about it. I am just really here to tell you that I am
really disappointed, I have been in business there four years October 1 and our name is a
little odd for a deli, Antique Catering and Deli, I chose to bring it out here and I employ
local women in my store who I have been friends with for many years and I love it out
here. I always liked the fact that out here is like old-fashioned beliefs. Mom and Pop
stores, I have been working at my entire life and I really think that it is going to be a thing
of the past. Everybody shops BJ's, everybody shops Sams Club and I feel as though like
I did 10 years ago, maybe longer, when Boar's Head sold us out. I feel Boar's Head sold
out the Mom and Pop stores when they went into the shopping, you know, to King Kullen
and we weren't allowed to just provide that for the public anymore. So I kind of feel the
same way, I feel like we are being sold out and I know can speak for not just myself and I
know if each and every one of you came into my store, I know there is North Fork deli,
there is the bagel store across the street, I know I would be willing to s hare my books
with you and tell you and show you, we don't make a million dollars. We are fighting to
stay above water as it is. And I really mean that from my heart. You can come in and I
would share my books and show you, we are, last winter was horrendous to try to get
through and now I am going to lose part of my coffee trade. Granted, I don't think 7-11
can ever compare to my food, my catering. They will never compare. And they will
never take that part of my food away. Or my local people I know support our store. But
I do feel they will take a part of my coffee business because people on the run, those
moms who want to grab juice, a half gallon of milk, a dozen eggs, a cup of coffee; I now
lost that customer who would come in for that cup of coffee in the morning because she
can now get a pre-packaged bagel, a coffee and a juice and a snack for her kid for school
and meanwhile, 1 can put that kind of that stuff in my store, I chose not to put beer and
cigarettes in my store because I want to sell good old-fashioned food. Where I thought it
was good old-fashioned north fork. And I just feel really let down that they are actually
allowing it to happen. That really basically all I have to say. Thank you.
COUNCILMAN ORLANDO: This legislation is what we see the future of gas stations.
There are always gas stations with convenience stores associated to it, so what we are
doing is trying to be proactive here before they all come out here, is do a legislation like
this, so we can manage the convenience store that goes associated with it.
MARYANN: The traffic there is horrendous.
SUPERVISOR RUSSELL: Let me just clarify, the legislation that is before us started
out as an issue to address convenience stores. I am disappointed because I thought that
Amendments to the Zoning Code Public Hearing 7
October 20, 2009
we could have made a better effort to address the issue and for me, I know the
competition with, it is just, you know, it is simple for me, I used to live on Sigsbee Road,
Mattituck has had enough and I don't blame them. On top of that, investment begets
investment. When McDonalds or CVS come in and the 7-11 serves as anchor stores, you
know, where does it stop? Well, you know we thought it would stop with a McDonalds
in 1993, it didn't. We thought it stopped with a CVS before I got here and it didn't. Now
it is McDonalds, on top of that, look, I sound a bit hypocritical because I probably spend
more money at 7-11 every day than you, every body in this room, go to Southold every 5
minutes but as a practical reality, bad use, bad spot. It is as simple as that. What this
legislation was, was the best consensus this Board can come up with in terms of
recognizing that we have other challenges in Mattituck and other places right now with
convenience stores as accessory uses. We have pending litigation, we have those other
things. So we do need to get something passed. However, I have to agree with anyone
here that wants to say that is the worse place I can think of for a 7-11.
MS. STEARNS: Inaudible from audience
SUPERVISOR RUSSELL: Yes. Yes it does. Does it impact them greatly? The
application, no but does it impact it? Yes.
COUNCILMAN WICKHAM: Could you explain ....
SUPERVISOR RUSSELL: You know, my problem is, every time I start talking about
specifics, my attorney says shut up, we have got litigation. Specifically, the bulk
schedule requirements for convenience stores, all uses, principal or accessory, is now
double than what it was before. Rather than requiring one car per hundred square feet,
we would require two cars per hundred square feet.
UNIDENTIFIED: No.
SUPERVISOR RUSSELL: If you, the other way around. I am sorry. I am sorry. One
car per hundred. We have doubled their requirement for parking. That is not so we want
them to accommodate more cars, we wanted to make sure that the site can handle that
type of traffic and that type of intensity of use.
COUNCILMAN WICKHAM: And that is for all such sites throughout the town. It is not
targeting any particular one.
SUPERVISOR RUSSELL: Right.
COUNCILMAN ORLANDO: So if you have a small site, you can't build a big structure
because you can't accommodate the parking. So they kind of go hand in hand.
SUPERVISOR RUSSELL: There are other aspects of the legislation I talked to you
about the other night. I will talk to you about those at another time. But for the time
being, I want to hear what the public has to say.
Amendments to the Zoning Code Public Hearing 8
October 20, 2009
MS. NORDEN: The Planning Board hearing was quite elucidating for a number of
reasons and I don't believe any of you were there but it did strike me rather astonishingly
that we have a hearing on a large 7-11 convenience store and less than a week later you
propose this very limited legislation that you are talking about in terms of I am
disappointed or reaching a consensus. But the issue is far greater than that. I mean,
maybe legally adverse because you do suppose that presumably you might get somehow
sued by 7-11 but the idea of having legislation for small convenience stores attached to
gas stations and not for large convenience stores is utterly ludicrous and flies completely
in the face of everything that everybody said here when they talked about comprehensive
planning just five nights ago. Everything that you have said about the small convenience
stores in terms of quality of life, light, noise, ail of that, applies 10 times, 10 fold greater
to the large convenience store and the idea that you would exempt large convenience
stores I can only conclude it is because you are adverse to potential legislation, which
again is a very bad use of planning. That is not how we plan. I mean, frankly if you are
going to get sued by 7-11 because you changed the legislation after 3, 4 or 5 years, so be
it. But this is completely unacceptable in terms of a planning initiative. The small
convenience store attached to a gas station is probably not going to be open 24 hours. It
may very well be owned by a mom and pop because they can afford it and they may not
want to do a franchise. There also may not even be that many new convenience stores
attached to gas stations in the Town of Southold so this might be a legislation that may
not have many applications. That legislation that would have real application to the
whole barrel of wax in terms of the problems with large convenience store, I can't
understand how that can be in any way left out of this discussion. So if any of you can
explain to me how you can somehow carry those issues and separate out the small
convenience store attached to a gas station and not address the over arching social,
economic and environmental implication of large convenience stores, I would love to
hear your explanation because I am really disappointed in this.
SUPERVISOR RUSSELL: Sure. I will tell you right now. First of all, the idea of small
convenience stores attached to gas stations is that, to keep them small. We have
convenience stores that have grown to 2,500 square feet. They have fundamentally two
principal uses on site with the gas station and a convenience store. What you also don't
forget, if you might recall, we have pending issues with regard to the Hess station in
Mattituck, with an applicant that applied for a 2,300 square foot convenience store. That
is not small, it is not incidental, it is monumental. I would like to have seen a broader law
that addressed the convenience ....
MS. NORDEN: Okay, so why wasn't there one?
SUPERVISOR RUSSELL: Because the Board did not support it. Period.
MS. NORDEN: That is not an adequate explanation for me.
SUPERVISOR RUSSELL: It's the...
MS. NORDEN: I mean, it flies in the face of everything that we have talked about in
Amendments to the Zoning Code Public Hearing 9
October 20, 2009
terms of planning. So if any of the Board members who didn't support having a
comprehensive legislation about convenience stores, could you please explain
yourselves? Because you know, with the many problems, first of all I know Heather
Lanza did say that you pay no attention to petitions. She said in Suffolk Times a while
ago that 1,200 signatures don't really mean anything because nobody cares about the
petition. So the public comes, it weighs in after a three, four, five year process in which
the Planning Board has spent time with the applicant but never with the public, we get a
chance to weigh in at the very last minute and we are told by the Planning Board, well,
we really don't have the capacity to do any visioning for the town apart from what Scott
had to say at the comprehensive plan hearing; the Planning Board says we just really
have to respond to the site application. So I would really, at this point, from those
members who did not support move comprehensive legislation. How you can separate
out convenience store by small as opposed to large? Why does that make sense in a
broader scheme in terms of comprehensive planning?
COUNCILMAN ORLANDO: Well, we didn't finish the convenience store legislation
because we all couldn't agree on the final aspect of it.
MS. NORDEN: So why suggest any?
COUNCILMAN ORLANDO: (inaudible) radius, how far apart we agreed on, we got
caught up in definitions about trying to hurt an existing convenience store. We didn't
want to hurt that one, so we were trying to work on how we, definitions on the new one
without hurting the old one if something happened to the old one.
MS. NORDEN: Which is the old one?
COUNCILMAN KRUPSKI: One of the problems ....
COUNCILMAN ORLANDO: The old 7-11, the old deli or an old convenience store that
is existing.
COUNCILMAN KRUPSKI: One of the problems there, the definitions with
convenience store was that a store, a convenience store like 7-11 could cimumvent the
code because we had the planning department work up a lot of definitions to try to update
it and try to be more specific about which type of store we wanted to allow, which type
we wanted to discourage and a store like a 7-11 could simply put in a small grill or a
small deli counter and then they wouldn't be a convenience store anymore. And they
would cimumvent any law that we made concerning convenience stores. Because that
legal definition, if you can circumvent it that easily, it is really not effective.
MS. NORDEN: Well, isn't, wouldn't that make sense then for you to more thoroughly
define what a convenience store is? Rather than not take the responsibility ....
SUPERVISOR RUSSELL: That is what the law does. There is no definition of
convenience store in the current code. We actually cull it out and make it its own use. In
Amendments to the Zoning Code Public Hearing
October 20, 2009
10
the old days, it used to caught under the aegis of retailing and it is not the same as a hat
store, which is what this law tries to address but I think, look, the problems with trying to
address it were enormous. I asked the Board months ago, I said the planning staff, the
attorney's office have been working on this but I need to get a direction and a sense from
this Board, are we willing to go to even a draconian step to make this work or not. The
consensus from the Board was, no. we will take care of the accessory uses. Convenience
stores, not small convenience stores, accessory convenience stores and this is an issue ....
MS. NORDEN: And then, but that presupposes answer my question regarding what is
going to happen to large convenience stores? Where is that proposed legislation which is
far more reaching and will have, that many more impact on all of the things that you site
here that are part of your obligations in terms of insuring the future of Southold Town. It
seems that you have taken on the smaller problem because you didn't the will to take on
the larger problem and I wish that you would define that more thoroughly or at least in
some way admit that. Because otherwise, this is, to say everything that you have said
about convenience stores, about their impacts to life, quality of life and all of that and
somehow to leave large convenience stores out of the equation is truly just doesn't make
sense. Tom, maybe you can explain a little better.
COUNCILMAN WICKHAM: First of all, I have trouble with your distinction between
large and small. We have spent a great deal of time...
MS. NORDEN: Let me just say, small, let me say convenience stores not associated with
gas stations then. That would be a better definition.
COUNCILMAN WICKHAM: That is fight. That is right.
MS. NORDEN: Okay.
COUNCILMAN WICKHAM: The Town Board must have dealt with this at at least
three or four work sessions and at least three or four code committee meetings that I
attended, maybe even more than that. We went back and forth on this many times. As
Scott said, one of the issues is definition. It really is not easy to define exactly what is a
convenience store and be sure that we can make it stick. We are not worried. I am not
worried about a legal challenge, I am just worried about doing this in a way that will
work. That will work for what you ....
MS. NORDEN: I know but you have not done it all now.
COUNCILMAN WICKHAM: That is right, because we weren't clear that we could
define it in a way that would work well. But to do it in association with a gas station, we
thought, that is clear, we thought we could define it well and it will work. But let me just
say, this is a first step. One of the things we thought for the non gas station type
convenience store, we tried identifying we can have one separated by what was it, 500,
no two miles or ....
Amendments to the Zoning Code Public Hearing 11
October 20, 2009
COUNCILMAN KRUPSKI: Halfa mile and a mile.
COUNCILMAN WICKHAM: One mile, we tried different special. You can't just, as
we learned a long time ago, you can't just ban them from the town. That just isn't going
to work. There has to be some criteria on which we would allow convenience stores and
others that we are going to regulate them out. You can't just say no. one criteria would
be to put a distance marker. One would be to have a size marker, one would be other, we
went all through this. our conclusion was for tonight, let's put up a proposal that would
regulate convenience stores associated with gas stations which have been proliferating.
And which are, some of us feel are somewhat unsightly. This does not preclude the
Board moving ahead more aggressively on the broader question. I think we should take it
up as part of our master plan. And I think there, I don't quite agree with the Supervisor, I
think there actually is willingness on the part of the Board to deal with it ....
MS. NORDEN: I know but by then the 7-11 will be located in Mattituck. I mean, don't
you understand that this is a time bound argument? Of course you understand that. To
make it part of our master plan means by 2012 maybe there won't be a 7-11 in where
else? Laurel? Cutchogue? Whatever. But the point is, this is a time bound argument.
People from the public, from all walks of life have stepped up to the plate, came to the
Planning Board hearing, expressed their concerns from everything from Factory Avenue
residents to the Unity Baptist Church to all sorts of people who live in the neighborhood,
to traffic issues, to quality of life issues, to loitering issues, to creating an atmosphere
where kids can hang out after hours or hang out all night, to drug related issues, to all
sorts of issues and the point is, there is nothing presumably that your Planning Board who
claim has the capacity to envision something can do. So now the question is not to just
say we are going to front load the master plan in two years from now, by then it really
will be too late. And the public has asked you, as elected officials, to respond to some of
their concerns. And we heard virtually no response that included the public at the
Planning Board hearing the other night and we are hearing no response now. I mean, the
small convenience store, we don't even know if it is going to have an effect now or
maybe in six months or a year or two years, when a small convenience store affiliated
with a gas station wants to put up some new signage or whatever. I guess the question is,
are you going to deal with this issue of, not call them large, just call them convenience
stores not affiliated with gas stations and can you deal with it any time in the immediate
future?
COUNCILMAN WICKHAM: My only response to that is, it is inappropriate for the
Town Board to design new legislation that is targeted to one specific enterprise.
MS. NORDEN: I am not asking for, I am asking for legislation that is targeted for
convenience stores not affiliated with gas stations. Not just one. For legislation and it
would go hand in glove with this. so if you are going to have legislation for small
convenience stores affiliated with gas stations, then you can have legislation for
convenience stores of any size non affiliated ....
COUNCILMAN WICKHAM: I view this hearing as, for me personally, as an
Amendments to the Zoning Code Public Hearing 12
October 20, 2009
opportunity to get insight and input from the town. If there seems to be support for that
approach, I think I and I believe other members of the Board will be quite interested in
putting it on our agenda and continuing to work on it.
MS. NORDEN: Right. But, right. I think that is great but the point is not if there seems
to be, I think the evidence is overwhelming that there is quite a bit of concern on the part
of the residents regarding this large convenience store. I am not asking you to spot
legislate. I am asking you to come up with comprehensive legislation for convenience
stores of any size not affiliated or affiliated with gas stations. And we are asking you to
do that in response to a number of concems that have been already raised by the public in
several forums. And so far, they have fallen quite heartbreakingly, on deaf ears.
COUNCILMAN ORLANDO: Well, Melanie, jumping back to the public hearing
tonight, if we don't do this now, next year you will be back here yelling at us for a 2,500
square foot convenience store with the Hess station in Mattituck.
MS. NORDEN: I don't think so. I don't think so.
COUNCILMAN KRUPSKI: With a subway in it ....
SUPERVISOR RUSSELL: Wait a second, don't diminish the importance of that
information because there are real issues and if you live on Bayview, you really do care
about accessory gas stations. And these...
MS. NORDEN: But you don't care only about ....
SUPERVISOR RUSSELL: I am talking now, please.
MS. NORDEN: Alright.
SUPERVISOR RUSSELL: I have listened to you very patiently. But let me tell you
right now what I just heard before which is very troubling to me. We can fix it as part of
the comprehensive plan. That is the problem with what has happened with Mattituck.
MS. NORDEN: Right.
SUPERVISOR RUSSELL: Every time we get it right, it is after the building has gone up
in Mattituck. We address box store legislation after the CVS, we address formula food
restaurants after the McDonalds ....
MS. NORDEN: Precisely.
COUNCILMAN WICKHAM: That is not true. That is not true.
SUPERVISOR RUSSELL: Inaudible
Amendments to the Zoning Code Public Hearing 13
October 20, 2009
COUNCILMAN WICKHAM: McDonald's was ....
SUPERVISOR RUSSELL: I go to it every night with two kids. I am pretty sure it is in
Mattituck, if I am not mistaken.
COUNCILMAN WICKHAM: We did not stop in McDonalds, we designed legislation
to make a McDonalds that would be appropriate to the Town of Southold.
SUPERVISOR RUSSELL: Okay. But then the formula food law requires all future
formula lbod restaurants to be located in shopping centers and the like.
MS. NORDEN: Right.
SUPERVISOR RUSSELL: Okay. But this is the one problem and you know, I used to
live on Sigsbee Road, like I mentioned before, and I am very sensitive to that issue when
I see that we are literally not addressing a convenience store that is going to be located
within only a couple of yards of 22 community affordable houses that we just sponsored
just a couple of years ago. Bad spot, bad use.
MS. NORDEN: Right.
SUPERVISOR RUSSELL: That is all I can say to it, that is what I have been saying
right along.
MS. NORDEN: But that is not enough. Bad spot, bad use is not enough. Bad spot
legislation that addresses bad spot, bad use is. That is what we are asking for. Thank
you.
SUPERVISOR RUSSELL: Arthur?
MICHAEL CONFUSIONE: Hi, my name is Dr. Michael Confusione and I live in
Mattituck. And I would like to know the definition, if we are leading to a definition of a
convenience store, as being when it is convenient for people to shop or the exception of
when it is not convenient for people to shop?
SUPERVISOR RUSSELL: That would be a very compelling part of, the legislation we
defined I believe was based on size, traditional type of characteristics.
DR. CONFUSIONE: I don't see anything in there regarding hours and I wonder how
convenient it is for any of the Board members here to go shopping at 12:00 at night?
COUNCILMAN KRUPSKI: We brought that up...
DR. CONFUSIONE: 2:00 in the morning.
COUNCILMAN KRUPSKI: The hours of operation came up numerous times at the
Amendments to the Zoning Code Public Hearing 14
October 20, 2009
code committee meetings and at our work sessions. I kept being assured by our town
planners and town attorney that it was unconstitutional to regulate the hours of operation.
I hate to say because I am not an attorney, that I don't believe that but I think a lot of the
quality of life issues are coming from a 7-11, come from after hours type of use. And
that if it closed at 11, than I think you would eliminate a lot of those problems.
DR. CONFUSIONE: Yeah. At the planning meeting, which I attended, we were
challenged by some of the Planning Board members as to would this be the same if mom
and pop were opening up a delicatessen on that comer? Let's forget mom and pop. A
delicatessen on that comer would not be open 24 hours a day. Our free standing deli's
that we have on the north fork do not attract kids late at night. I used to work Suffolk
County drag abuse treatment services, 30 years ago and for about 7 years and one of the
things that is very evident is that drag addicts and not all the kids in Mattituck certainly
fit this criteria but look to hang out at a place that is open late at night. There are masons
for that. They get the hungies as they are called, they need a quencher as they are called.
The same thing would exist with gas stations. If they get a convenience store and they
are open 24 hours a day, we are creating an environment where we are giving kids a
playground in the backyard. The same thing exists for 7-11 where it is proposed in
Mattituck. I ask you to consider that. You are looking for insight, there is insight.
SUPERVISOR RUSSELL: Thank you, Doctor.
COUNCILMAN KRUPSKI: Thank you.
SUPERVISOR RUSSELL: Arthur, do you want to comment?
ART TILLMAN: Art Tillman, Mattituck. I would just like to go very briefly, a little bit
of the history of what we have tried to do to bring this to the attention of the Town Board
and basically stop the 7-11. Deacon Leroy Heyliger and I, he is of the Unity Baptist
Church, when we first heard the 7-11 was coming to town, we managed to get 1,200
signatures against it and that was just in the community of Mattituck. I would like to ask
you a question. You have seen petitions come over the years, is 1,200 signatures a lot of
signatures?
SUPERVISOR RUSSELL: Yes.
MR. TILLMAN: A very lot?
SUPERVISOR RUSSELL: Yes.
MR. TILLMAN: Does that impress you? Does it impress the members of the Board?
You don't have to answer individually. We were pretty proud to get 1,200 signatures.
And I want to tell you, it was easy. Nobody wanted it. Armed with that, we went to a
Planning Board meeting up over the bank and spoke to the members of the Planning
Board and we walked away from there elated. It seemed everybody was against it that
was on the Planning Board who attended that meeting. So we felt we were on a roll and
Amendments to the Zoning Code Public Heating
October 20, 2009
15
it looked like maybe we could stop this thing. We went to the Planning Board meeting
last week and a lot of the wind came out of our sails. I don't know what happened in a
month or two but the whole tone seemed to have changed, even to the point where some
of the members of the Planning Board seemed to be almost advocating a 7-11. And I
can't figure out what went wrong. Marty Sidor, the chairman of the Planning Board, in
opening the meeting said we are here to listen. Great. That is what it is for. And Marty
and a number of people on that Planning Board did listen. But there one, possibly two
people on that Planning Board who continued to interject their opinion, which left no
doubt on the part of the audience, that these people were pro 7-11. The question then
becomes what is the role of the Planning Board? And I notice in their recommendation to
you that was just read, there was nothing about 7-11. I really don't know what kind of
communication or lack of communication is going on here but something is wrong. Also,
Joe Townsend said he was commissioned by the Town Board only to review the site plan
in terms of parking, buffers, etc. And therefore, when we brought up, the people in the
audience and myself, brought up the issue of social and economic impact on the
community, the Planning Board's point of view was, oh, we are not here to discuss that.
Well, what kind of planning is that? Planning is more than just parking spaces and
buffers. Now when we come to buffers, it seems that buffers can be enforced for some
convenience stores or establishments and not others. Henry Bremer is here from North
Fork Deli, he has had some experience with buffers, which he will tell you about. The
store that was proposed in Orient, I don't know, what was that? A restaurant?
COUNCILMAN KRUPSKI: Coffee house.
MR. TILLMAN: Coffee house. They were kept out because they couldn't conform to
buffers but I know for a fact because someone on the Planning Board told me, some
waivers were given to this 7-11 regarding buffers. And that comes right from the
Planning Board. I would ask you to look into that. The whole issue of buffers. So I
don't know. How, what do you do to impress or move the Town Board to move in the
direction to stop something we don't want? We tried the petitions. We had the rally,
very well covered by the Suffolk Times, I would ask you to check out their video. Kind
of interesting. We had 50 there. Hundreds of people honking horns, all in favor of not
having 7-11. So we did that. We have been to, gee, a couple, three, two Planning Board
meetings, I think this is about our third Town Board meeting, all expressing the same old
stuff. All the arguments against 7-11. At the meeting last week, Scott, when Melanie
was talking about how do we make our input known, is that correct, Melanie? In the new
comprehensive plan. You listed a number of ways and you know, I have to say you have
been open and trying to do a good job and one of those things you said was, well, you
know, you elect your public officials. Well, it is an election year. The last time I was
before you I told you, I thought when I went back to my Democratic party and I am the
deputy town chairman, I said I think that my party would support a petition against the 7-
11 in Mattituck. Well, I went back to my party and my party does support that. And it
was unanimous. We had a lot of discussion. So the Democratic party is on record as not
favoring the 7-11 in Mattituck. But they added something to that resolution. They said,
in the interest of helping mom and pop businesses to survive, we are against it also. At
that time, I challenged the Republican party, you come up with a resolution too. I
Amendments to the Zoning Code Public Hearing 16
October 20, 2009
haven't heard the resolution. Where is it? I will throw it out again before the election
and let you guys get on board. Republican party, I am challenging you, will you come up
with a resolution, as the Democratic party did, against the 7-1 ! in Mattituck? Please.
That is all I have to say, thank you.
SUPERVISOR RUSSELL: Arthur, just so we don't try to exploit this too much for
political gain, I am a Republican, I have been the most outspoken opponent of 7-11. you
know that. I don't support it there. I asked this Board months ago when it looked like
the definitions and the legislative would be very cumbersome and time consuming, I
asked this Board is there a will to do something now to stop the process so we can at least
get it right legislatively? In other words, even if a moratorium is necessary. And the
answer was a resounding, bipartisan, no.
COUNCILMAN WICKHAM: I don't think that is true. I think that we were unable to
roach a consensus on the specifics of how to do it.
SUPERVISOR RUSSELL: I asked you specifically and I e-mailed every Town Board
member and I raised the specific issue of moratorium over there in the annex. Art, I think
you were at that meeting.
COUNCILMAN WICKHAM: At least some of us worked sincerely and effectively to
try to come up with something. It is true, we didn't find a consensus. We didn't find
language we could all agree to but I never understood that we were, that there was a
thumbs down, a no to the whole process.
SUPERVISOR RUSSELL: There was no thumbs down but the, what the conclusion
was, well, it is going to happen in Mattituck but we will get it right in the future. Which
has been the conclusion every time it is proposed in Mattituck. And I don't want to seem
overly sensitive to the issues of the west end of town but I graduated high school there, I
used to live there. Look at it. I think that we need to, again, I asked this Board months
ago, okay, the legal process is going to be very difficult. Is there a will to at least do
something now to bring this to a stop, so that we can get this legislatively right and the
answer at the time was it is probably not going to happen.
COUNCILMAN WICKHAM: We were looking for leadership and I think we are still
looking for leadership on it and I think the Town, I at least and I think maybe other Board
members would be quite willing to engage again on the subject in the coming weeks if
we want.
SUPERVISOR RUSSELL: Twenty years on the Town Board and he is looking for
leadership. Art, you were at that meeting. You know the deal. I would support a
moratorium for all site plan processes in the halo defined by our town code, in the
Mattituck halo right now. Will the Board support me? And let's do a comprehensive
review and listen to the stakeholders.
MR. TILLMAN: I don't think we could ask for more than that now.
Amendments to the Zoning Code Public Hearing 17
October 20, 2009
COUNCILMAN KRUPSKI: Put that on the agenda for next meeting.
UNIDENTIFIED: comment from audience. Why don't you put that to a vote now?
COUNCILMAN KRUPSKI: Because I want to...
SUPERVISOR RUSSELL: You would have to notice that as a legal ....
COUNCILMAN WICKHAM: A moratorium needs to have a concept under it as to what
direction are we going.
SUPERVISOR RUSSELL: Adopt the recommendations of the Mattituck stakeholders.
We asked them for input and vision, they gave it to us. One of that was to support locally
owned, locally owned businesses. To stop the franchise template from encroaching even
further into Mattituck. They outlined the vision, we need to act on that.
COUNCILMAN ORLANDO: Scott did say that that day at the code committee but we
also said after that, let's keep going forward and finish these definitions. We wanted to
keep going with the process.
MR. TILLMAN: Oh, okay. I am assuming that you Republican councilmen up there
have some influence with your party. I hope you would go back to your party as I went
back to my party and let's get a consensus. This doesn't have to be a political thing. I
think everybody agrees, we don't want a 7-11 in Mattituck. When they sign these
petitions there were Republicans and Democrats and Independents and Conservatives.
We don't want this thing.
SUPERVISOR RUSSELL: Okay. But let's not keep making these references to parties.
You have got six people here voted on by the public, it should be the decision ....
MR. TILLMAN: Do what you have to do but stop this 7~11 and I think the moratorium
is an excellent idea. Thank you.
COUNCILMAN KRUPSKI: Well, I think the Supervisor should put it, save your
applause for Art, please. I am sony. But I think the Supervisor should put it on the
agenda for the next meeting. For the work session and with planning staff to discuss the
implications and goals. I was involved in a couple of moratoriums, one as a Trustee that
went for a year, alright? And then we were in the wireless code moratorium which went
for 18 months. And you have to have a lot of commitment and a lot of dedication to your
goal. Okay, you have to define your goal, agree on it as a Board and then pursue it and
have the resources to pursue it. So just to say, I don't think you can say tonight let's have
a moratorium on 7-11 's. It is not that simple.
MR. TILLMAN: I understand.
COUNCILMAN KRUPSKI: You have to really define it, you have to do the homework
Amendments to the Zoning Code Public Hearing 18
October 20, 2009
before you can act on it.
MR. TILLMAN: What I am afraid of is your attorneys and their attorneys are going to
tie everything up in knots. Everybody is afraid to do anything. Woohoo. What will the
lawyers say? You know what? Let them go to court. I don't ....
SUPERVISOR RUSSELL: Let me just tell you .....
MR. TILLMAN: I don't think a judge is going to rule in their favor.
SUPERVISOR RUSSELL: A moratorium, I am calling, I would suggest for the entire
halo. That includes far more than just pending applications on Factory Avenue.
MR. TILLMAN: Exactly.
SUPERVISOR RUSSELL: Talks about everything. All the challenges, the unique
challenges that Mattituck faces. They have been facing them every year and nickel and
dime approach has eroded Mattituck to a town I don't recognize anymore.
MR. TILLMAN: Right. And it is so logical in light of the fact that you are coming up
with a new comprehensive plan.
SUPERVISOR RUSSELL: Right.
MR. TILLMAN: Thanks a lot.
BENJA SCHWARTZ: Good evening again. Benja Schwartz. Aren't you glad you only
have two months to go, Tom?
COUNCILMAN WICKHAM: I hope I live longer than that.
MR. SCHWARTZ: The subject of this hearing, the legislation which is the subject of
this hearing applies to the entire Town of Southold, including the proposed 7-11. I am
sensing a couple of things at this hearing, a confusion about government works, about
how government is working and a confidence the govemment does work. I think that we
may need to use the system to work within the system to change the system. The
comprehensive plan of, is not proposed to be comprehensive. I was going to speak
tonight but I think it is not specifically appropriate in this context but I think we need
more than a comprehensive plan. We need a new plan for the government. There is a
conflict between the roles that the Town Board is playing, the Planning Board is playing,
the Planning Department etc.
SUPERVISOR RUSSELL: Can I just remind you, we are in the middle of a public
hearing?
MR. SCHWARTZ: Yes and this is about ....
Amendments to the Zoning Code Public Hearing 19
October 20, 2009
SUPERVISOR RUSSELL: Okay, okay.
MR. SCHWARTZ: This is about the Mattituck proposed 7-11 in Mattituck. But it is
also about planning for the entire town. This is a public heating before the Town Board
on legislation which applies to Southold Town. If we need a moratorium, I think we have
to have a clear vision of what that moratorium would be set out to accomplish in order to
make it legally defensible and successful and that is what I am trying to get to here,
which as, you know, I sense that that might not be specifically pertaining to this
legislation but it certainly does pertain to this legislation and the proposed 7-11. Part of
the problem too, is that the government of the Town of Southold is used to looking at
things in very analytical, specific way. Whether we are talking about comprehensive
planning or we are talking about the inter governmental planning. Defining the roles of
the Town Board versus the Planning Board. I just, I don't want to go on more then I have
to here but I just would like to include in this hearing that you know, tonight there were
two resolutions on the agenda number 860 and 864. Both cases, the Town Board
referred, referred subjects for planning to the Planning Board and one of them, the
Northwind development, the annexation of land from the Town of Southold into the
Village of Greenport, that applies to a specific proposal. If that annexation is defeated,
that application will essentially come before the Planning Board and there is a conflict of
interest for the Planning Board to be looking at that application in both a town wide sense
and a specific sense. The other issue that was referred to the Planning Board is the
comprehensive plan. With all due respect, I think the, I commend you for proposing the
legislation and I support it but I think that what a lot of people are asking here is that you
do more than that. And specifically what you could do is create a planning, a planning
commission or a body that would be the equal of the Zoning Board of Appeals and the
Planning Board. It would also work with the Planning department to not just create the
planning, the comprehensive plan but to continue to apply it to specific projects. We
don't have anything like that now, we need it.
SUPERVISOR RUSSELL: I can appreciate everything you are saying, I am just trying
to figure out how we are going to feather this back into a, you know, we are still in the
middle of a public hearing on proposed changes to the convenience store legislation, so
can we wrap that up and we will go to the open mic portion of the meeting?
MR. SCHWARTZ: I was trying to relate this to the ....
SUPERVISOR RUSSELL: Okay, I was just to, okay.
MR. SCHWARTZ: Subject on the table. Thank you.
SUPERVISOR RUSSELL: Marie?
MARIE DOM1NICI: I don't envy you your position guys, ladies. All day doing stuff
like this and then you still have to listen to us whine, but I am going to continue to whine.
Amendments to the Zoning Code Public Heating 20
October 20, 2009
COUNCILMAN ORLANDO: Thanks for the warning.
MS. DOMINICI: I am truly opposed to this and I don't care if it is a 7-11, McDonalds, I
don't care what you call it. When you have 1,200 signatures where people are totally
voicing their concerns, I mean, I don't know what else needs to be said in a community
when that many people come forth and oppose. So and I understand that you are
receptive to that but when you take a local business and you put it up against corporate
America you really are putting your neighbors out of work. And I think it is unfair to put
a mom and pop shop out of work. I mean, we are doing it with CVS, we are doing it with
whatever else comes in here. And you heard me say this a thousand times, my one regret
in life is not having been raised in this community. It is a beautiful community, it has
pastoral views, it has the wineries and all of the things that bring tourism here and you
have heard me say this in the past that once you start to make this last frontier look like
any other town up-island, than there is no need for people to come here and spend their
tourist dollars to go to the wineries or to go to the farm stands because we are going to
look exactly like they do. So they can buy their wine at the local wine store up the street
from them in Huntington or wherever else they live. So it has a tremendous impact when
we make decisions like this that we are talking about keeping this Mayberry and I haven't
lived here as long as many of you have, so you have seen it change certainly more than I
have in the short time that I am here and I am proud to say I will be here almost eight
years and where did the time go? So you know, when you say pastoral views and then
you say 7-11, that is an oxymoron. There is no pastoral views with 7-11, okay? And the
irony of all of this, in this day and age, when I spoke at the Planning Board meeting and I
asked the 7-11 people if they would factor in any green technologies and it was not even
a concept. So not a very user friendly company coming in here where they could have
maybe factored in sometime of green thing, however small. The other thing that is very
concerning or disconcerting is the traffic accidents that have taken place over, let's say
the last two years, at that intersection, no one has a real number as to how many accidents
have taken place. I was told that I could FOIL the information and come down and pick
up the information but I work five days a week, I don't have the luxury to take off from
my job in Southampton to come back here and FOIL information. Any one of you can
get that information and share that information when people like myself would ask the
question. The other concem that I have is the loitering that would take place there. Now,
if this becomes a hangout for whomever, kids, whomever, my tax dollars then have to go
to pay for the policing of that 7-11. I do not want to spend my tax dollars on policing the
7-11 and you have heard me say this in the past, I want to live here till I die but the way
my taxes are going, I have to be dead in three weeks. And you can put that on my
tombstone. So I don't think my tax dollars should go to fund any of the policing. The
police have enough to do in this community and certainly I am not part of the police
department but I am sure they have enough to manage in this town without having to go
see if 7-11 has a loitering issue. And unless, well, you know, Mattituck seems to be the
dumping grounds for you know, everything else that comes into this town and you know,
we are really close to the Riverhead border and I certainly don't want Mattituck to look
like Riverhead. Nothing against Riverhead, they are progressive but they choose to be, in
that regard. They don't want to look like Mayberry. They don't consider themselves the
Amendments to the Zoning Code Public Hearing 21
October 20, 2009
last frontier. We are the last frontier. And I would hope that we could continue to keep it
that way. And I really ask your indulgence for all the time that we are taking to have this
discussion and also ask that you look at this in a very serious way because 1,200
signatures speak louder than my one voice. Thank you for your time.
LYNN SUMMERS: Lynn Summers, a resident for over 41 years. In March of 1970, I
arrived here from Philadelphia, PA. I was in a little bit of a culture shock but I learned
very quickly to love this as much as if I had been bom here. I am here to support all the
neighbors, the people, Mr. Bremer is maybe not from out here but Advent Lutheran
Church lived through the time when we had a wreck of a Hesperus of a burned down,
gutted down thing and we got a good neighbor and I would like to support him and I
would think that the community would want to support him. And it is shown in the 1,200
or so signatures. Also, that Factory Avenue I travel, so does our congregation, so do
many of the congregants because it is the safest place to travel to make a left hand turn
after you have done your shopping. Unity Baptist, that whole neighborhood, I have seen
it grow and thrive as a good place, Scott, you understand about that community. Now the
other thing is, I suddenly realized we are going to a Chase Manhattan bank, also we are
going to have a Hudson City bank in and out on the south end plus this on the comer. No
one has done a traffic impact study of that area. Mary Helen Crump from the Clergy
Association, the Clergy Association met last Tuesday I believe, and five clergy sat down
and they did not realize this was all happening to this community. And they are
concerned. And they talk to people. And I think you need to know that. And I, I was
shocked when I read in the Suffolk Times on line, I have really studied this for a long
time. But Unity Baptist, with all they go through with the other stuff that has to do with
Waldbaums is just one thing but just adding more fire to their whole thing is wrong. And
the moratorium idea is the best thing I think anybody could come up to and I hope you
support it and you believe in that. Because I was disillusioned, I thought many of you
were completely honorable people but after sitting through that Planning Board, I thought
people were going to throw money out. I thought I was in Chicago politics. Not on the
north fork of Long Island. Thank you very much.
SUPERVISOR RUSSELL: I don't want to be overly defensive of the Planning Board
there are some members there I don't agree with their positions on but we do need to give
them the tools to be able to affect fundamental changes to applications. So in their
defense, the tools weren't there for them. I think they had more tools than they used but
there is not a big box of tools for a situation like this.
DAN DURRETTE: Hi, my name is Dan Durrette, I am from Greenport. And I think the
first time I spoke to the Board I think I mentioned that I was the new kid on the block.
Since that time I have grayed a little and aged a little, most notably because of attending
meetings like this and Planning Board meetings. I do have to caution that the last time
that I spoke at the Planning Board meeting, right before I spoke, that door opened and
there was a big gush of wind. I think it is a little hot in here right now, I am almost
asking that that wind come back and maybe cool us off. I would be remiss if I did not
applaud the tremendous amount of work that has gone into this document. To try to
define anything that meets municipal codes in a diverse and changing economic
Amendments to the Zoning Code Public Hearing 22
October 20, 2009
environment is difficult and I really applaud what I see in this document. I do have to
also go on record as hoping for a different future for the town because like others, there
are certain aspects of this town that attracted me to move here 2 ½ years ago. I ask that
you go back to the future and by that I mean, let's pretend that it is 2087, what will this
town look like? And I use the bench mark of 78 years because 78 years ago we had a
small church in 1931 that was built and if you look at that church, you know what the
character of this town was and that many of us are speaking about, trying to preserve. So
here we are in 2009, with all the complexities of budgets, with all the complexities of
irate citizens. With all the complexities of political turmoil. What we are losing, I think,
is the eye on the prize. How do we redress certain grievances and at the same time move
forward so that that which we love, I haven't heard that word, that which we love and
that which got us elected and that which keeps us here, remains. I applaud the idea of a
moratorium, I will yield to counsel so that my remarks not set off any kind of legal storm.
But I really think we have an opportunity to do something on a comprehensive basis but
in terms of being transparent, I am against the 7-11 and also in terms of being transparent,
I did take the opportunity after the Planning Board meeting to sit and talk to the real
estate developer, to both voice my concerns specifically with that gentleman. But I think
we are at a very pivotal tipping point and I just ask that perhaps we each take a deep
breath and maybe we open up the doors a little more. Thank you very much.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town
Board?
HENRY BREMER: I am Henry Bremer, I am from North Fork Market and Deli. When I
built my store I had to put up a 25 foot buffer in front of the store and go through a
variance. I wonder whether that applies to 7-11 and the Hess station?
SUPERVISOR RUSSELL: I don't know what the underlying zoning to your property is
versus theirs. I know they are general business. I don't know what yours is or what the
issue is there. I can't answer ....
COUNCILMAN WICKHAM: That is a Planning Board matter, isn't it?
SUPERVISOR RUSSELL: Yeah, it would be a Planning Board, well, it is a code matter.
The setback is established by town code. I would have to look at the zoning to answer
pop quiz questions like that.
MR. BREMER: I can call you later on that?
SUPERVISOR RUSSELL: Yeah, of course. Or go review the entire application at the
Planning Board office. In fact, come to my office and I will take you over there.
COUNCILMAN ORLANDO: There was a setback. I was on the Zoning Board then and
we granted you the variance because unfortunately, the place burned down. It was a
setback off the Main Road that you required.
Amendments to the Zoning Code Public Hearing 23
October 20, 2009
MR. BREMER: Don't they have to do the same thing?
COUNCILMAN ORLANDO: I didn't see the plan, I don't know how far back ....
SUPERVISOR RUSSELL: Their building is already built, so in terms of the setback on
where the building structure is, the buildings are already built and located on site. So it is
the occupancy of an existing structure. But I don't want to get too specific.
MR. BREMER: Okay.
SUPERVISOR RUSSELL: Why don't you come see me, we will go over the whole
application.
MR. BREMER: Okay. Thank you.
COUNCILMAN WICKHAM: I think there is interest, on the part of the Board, at our
next town board meeting to take up the question of a moratorium and the underlying
goals that we might put on it.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board?
JOSEPH ST. PIERRE: My name is Joe St. Pierre, I am a resident of Southold for 25
years. Could the Town Board tell me, we are of the understanding a lot of people in the
town, that this is already a done deal. If you had a moratorium, would it affect this deal
or are we talking about something in the future?
SUPERVISOR RUSSELL: The moratorium would pertain to any projects that have not
completed the process. To my knowledge, they haven't completed the process. But
again, I am going to be frank and many people aren't going to like this, I don't really
have a problem per se with 7-11. I don't necessarily even have a problem with one in
Mattituck. The location is dreadful, along that entire strip if you look at the collection of
franchise footprint there is dreadful. And it is getting worse. Every couple of years it is
the nickel and dime approach.
MR. ST. PIERRE: Thank you.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board?
UNIDENTIFIED: I just have a question. Did I just hear that there was never a traffic
study done over there? I wonder if they really studied the ingress and egress.
SUPERVISOR RUSSELL: I don't know. I would certainly ask you to please take that
concern to the Planning Board.
UNIDENTIFIED: (comments from audience) It was pre Factory Avenue construction.
The traffic study was three and a half years old.
Amendments to the Zoning Code Public Hearing 24
October 20, 2009
SUPERVISOR RUSSELL: That would be pre the building?
UNIDENTIFIED: Pre the affordable housing.
SUPERVISOR RUSSELL: The affordable housing. Okay. Yeah, Jim.
JIM DINIZIO: Jim Dinizio, Greenport. There was a traffic study because they were
before the ZBA and I heard the traffic study, okay, and I don't know, maybe it was three
years ago. It is possible. Certainly was done by their people and so be it. Now I am not
for or against 7-11, I think this convenience store law that you have here is a reaction to
that 7-11 and I just would wonder that laws that are created in reaction to hastily don't
turn out to be very good laws. I can point to you the law that we just commented on,
certainly it was hastily 18 months in the making and you put it together and we are back
here eight months later? I don't know how that was but there are certainly other laws that
you created, the accessory law that was given a variance to almost 100 percent within a
month. Because you didn't sit down and actually think about the repercussions of the
law. And you know, this is the same thing. You know, I am business man in town, I
compete against national you know, burglar alarm companies, ADT, Briggs, you know,
Broadview, Bellringer and you know, every competition is good. It makes you work a
little harder certainly but you know, I know I have something that those big companies
can't give and that is service and I know that the delis that are affected are the same exact
thing. You know, I can go in a get a bagel that is wrapped at 7-11, you know, it might
have been wrapped five days ago, it is never good but people feed their kids those things.
You know, that is their problem. But I just warn you that you know, I have seen it. And
I think that if you are going to try to make a law and this one in particular, doing it
hastily, it is going to come back to bite you. Thank you.
COUNCILMAN KRUPSKI: Thank you. But the legislation that we have tonight, it
actually wasn't done hastily and it addresses size of, it does something that needs to be
addressed which is the size of convenience stores as accessory to gas stations and the
potential for putting in the Subways and the Dunkin Donuts and other franchises in those
stores. That ....
SUPERVISOR RUSSELL: Also this legislation started some years ago when Patricia
Finnegan was still with us. We had worked on this together. This is the result, good or
bad, this is the result of almost two years of trying to tackle this issue.
COUNCILMAN ORLANDO: And this isn't driven from the Mattituck plan, it is driven
from a Cutchogue site plan.
MR. DINIZIO: I was referring to the audience insisting that you have a moratorium...
SUPERVISOR RUSSELL: No, 1 brought that up.
MR. D1NIZIO: They don't want to stop at 7-11.
Amendments to the Zoning Code Public Hearing 25
October 20, 2009
SUPERVISOR RUSSELL: Yeah, I, I ....
MR. D1NIZIO: You know what I mean?
SUPERVISOR RUSSELL: I agree with that in that I think the public needs to
understand that just because petitions get circulated, the law specifically doesn't let us
react to public opposition to any specific application. But if you look at Mattituck as an
entirety of the past, I had the same concerns when the CVS was there, in other words, the
changing nature. We have a sewer study that is underway, although it is sub-regional and
small, get all that stuff on the table. We asked people to volunteer their time as
stakeholders. We need to start implementing some of those ideas.
MR. DINIZIO: Well, I did hear you say, Scott, that you would adopt their suggestions. I
don't know why you haven't done that yet.
SUPERVISOR RUSSELL: Whose suggestions? Oh, yeah. Well, that is the underlying
goal.
MR. DINIZIO: I don't know why you haven't done that yet but my assumption is that
they need to be looked at in the context of the law.
SUPERVISOR RUSSELL: That is exactly right.
MR. D1NIZIO: Well, I thought I heard you say you were just going to adopt them. I
know these people are under that impression and quite honestly, that is hasty.
SUPERVISOR RUSSELL: That is the basis, that would be the basis of a moratorium, is
to adopt their vision. To adopt their vision.
MR. DINIZIO: Inaudible. Okay, that is what I am saying to you. I mean, I listened to
the hearing for what they wanted to do which was originally a car wash, okay. And then
they came back to us because they couldn't get the circulation on it. Then they came
back to us, they wanted to increase the size of the building because they wanted to make
it a large 7-11 like Greenport's. What they have there now is a smaller, there is like
three different sizes. They fit in the smaller category. They wanted to make it larger, of
course they have got plenty of land there, so you know, they want to maximize that.
Fine, that is what a business does. And I listened to the traffic study and yes, I agree that
you know, turning out on that particular piece of property is, there is no good way unless
you build a ramp on the back. You know, go in the parking lot. I don't know how you
do it without causing all sorts of trouble. With a guy with a cup of coffee in his hand
pulling onto Factory Avenue or pulling out on the Main Road. That is going to be bad, I
agree but you know, I heard some problems with the Planning Board, some suggestions
that the Planning Board, you know, may not be doing what this group wants. Well, good
for them. Because they are reading the code. They are doing exactly what is written in
the code. And when Mr. Townsend says that he is reviewing the application, that is his
job, okay? And what he is supposed to be doing at the Planning Board is implementing
Amendments to the Zoning Code Public Hearing 26
October 20, 2009
the code. That is all he is supposed to be doing. He is not supposed to be saying yes, you
can have a 7-11, no you can't have a 7-11. Actually, the code says you can have a 7-11
at that spot. And that is what I imagine happened when they changed their mind. They
read the code, they read the application and certainly that will change your mind. I
believe it would. I commend them for that. It is a tough situation. I understand what
these people want, quite honestly, I don't like the idea of adopting what the stakeholders
did in toto just because you certainly want to stop one thing in this town. I understand...
SUPERVISOR RUSSELL: Change the direction of Mattituck and if you look at it and
the application ....
MR. DINIZIO: I looked at it. I don't know.
SUPERVISOR RUSSELL: But I do have to tell you that I think it is simplistic to suggest
that they are just reading the code. I would strongly recommend that you read the code
and look at the amount, the degree of latitude that they are given in requiring buffers, not
requiring buffers. You can't take and say well, the code has to be specifically applied
when the code is so poorly written. It is not as finite as people like to, everybody likes to
be dogmatic with the code but the code is so poorly and ambiguously written that you
can't take it and I did tell the group in the defense of the Planning Board, is that they need
tools. They don't have the tools. That is the problem. That is part of the problem.
MR. DINIZIO: Okay. Then if you are going to say that, Scott, then I am going to say
this. Every time someone in this town wants to do something, okay, that someone
doesn't agree with, suddenly it is the code. Suddenly it is kick your forefathers in the
butt and not honor the written word. That is what it is. Now, I don't think that that is fair
to anybody. I think that if someone comes to this town and they read the code and they
see that they can do something, this shouldn't be anything more than going to the
building department and getting a building permit and doing it. Now, all I was doing
before was warning you that if you are going to adopt all of those stakeholder
recommendations, I think you would have done that already if you didn't want take a
look at those things first and see how they fit into our code so that a year from now we
are not sitting here with another hearing on wireless towers. After we made a law, after
we worked 18 months on it. After we had a moratorium, after we made all of these
companies wait to change the law. That is what I am asking you to do. Okay? And this
particular law, in my opinion, is micromanaging. Because businesses are businesses and
they belong in business districts. And the master plan right now, can be seen by
anybody, just by looking at a zoning map. Because they will know exactly what
businesses can go, they are all defined and then look at the codes and you can find out
what is permitted and what is not permitted in those zones. It is not that difficult, okay?
but it seems to me, Scott, every time that something happens in the town that somebody
doesn't like, blame it on the code. Blame it because it is ambiguous. That is baloney.
Read the code and go by the code. It is pretty well black and white, I can tell you. Now,
about in 2006 you got, this Board received a letter from an environmental group here that
asked this Town Board to uphold the law and hold people to the black letter of the law.
That was I believe, Mr. Wills that wrote that. And guess what? I am standing here, I
Amendments to the Zoning Code Public Hearing 27
October 20, 2009
agree with him. That is what you should be doing. But it seems like every time that
something happens, you want to change it, the law is not good, well, that is baloney.
Read the law, I think you will find, yeah, buffers, of course, if they can't comply with the
buffers, then they don't get it. But it is not, there is no rocket science here. It is either
you have your buffers or you don't have buffers. Now I understand probably the buffers
have to do with the back of that building, you are not going to get a buffer there, the
building exists. That is a waiver. You should have a waiver for that because the building
exists. The front, you want to have a 50 foot buffer, I don't care what you have, whatever
the zone says. He has to do it. But the Planning Board doesn't have the option to say,
no, you can't, you know, you can't, they do have the option of waivering buffers but they
don't have the options to say, no, they don't apply in this case. They have to look at it,
they have to have some reason for not saying buffers belong here. The lot is too small,
yada, yada what, if they plant a tree it will, you know, cause problems. Trees on that
comer, you know, whatever it is. I understand the code well enough to know that and I
also understand the code well enough to know that every time something happens, they
blame it on the code and it is just not so. Thank you.
COUNCILMAN WICKHAM: We have heard a lot of useful testimony tonight, I haven't
heard anyone speak against the law that we proposed except to say that it doesn't go far
enough. And I think I have heard among the Board a willingness to take up again where
we left off a few weeks ago to look further into extending it beyond where we are and to
consider a moratorium in that process.
PATRICIA MOORE: I think that there is a lot of people that don't necessarily agree
with this law that may not be here because they are young families, they have children,
they get up early, they stay out late. Many a times, I lived by 7-11 in Southold, many a
times I have sent my husband out to get milk because we were out of milk. Standard,
basic things. I have been, I was nine months pregnant out in Orient, I couldn't get a non-
alcoholic drink at a party and I drove and drove until I got to Greenport to be able to get a
non-alcoholic drink at a party.
COUNCILMAN WICKHAM: I am not sure I understand where you are going.
MS. MOORE: What I am saying is, that there is a need for convenience stores. There is
a need for places and a deli could stay open for 24 hours a day. They would be permitted
to do it, there would be no impediment to doing it and I would even argue that reading
the convenience store definition, there are lots of businesses that would fall under this
convenience store definition. I have already stated to your town attorney and I will state
on the record, this particular law is defective, it doesn't do what you say you want to do.
there are technical failures with this law that have been pointed out by the Planning
Board, I think as I, if you need me to state on the record that this law is defective, I
hereby state on the record, this law is defective.
COUNCILMAN WICKHAM: Well, what ....
MS. MOORE: It, I have already spoken to your town attorney with respect to it and you
Amendments to the Zoning Code Public Hearing 28
October 20, 2009
have already got comments from Planning Board with respect to technical problems with
the way the code has been written. I actually am the attorney on the 7-11 in Mattituck
and I can tell you that there has been a great deal of site plan. That there is, and in
respect of all the opinions, it is subjective opinions on whether or not you like a 7-11 or
don't like a 7-11, everybody is entitled to their opinion. I want you to know that with
respect to that project that there have been many concessions, many issues that will
improve the site. If this was any other tenant that did not have the pockets, the deep
pockets and the owner that would have the deep pocket to fix traffic problems at that
intersection. In fairness to Mr. Bremer, I love, I have gone to his deli many times, he is
wonderful man. If he had have to go through what this particular site has to go through,
he would be bankrupt before he even walked out the door.
COUNCILMAN KRUPSKI: No one, I am sorry, no one made this applicant go through
the process.
MS. MOORE: This applicant went through a process and there are proposals to make
improvements to the road which are donations or easements that are at no cost to the
state. There are lights, changes to the lights, changes to pedestrian crosswalks, changes
to access easements, changes to the, changes to the driveways that are there, anybody in
the, any business that would try to develop there that had to go through these things,
would go bankrupt before they walked out the door. So I think that your commentary or
the commentaries that I have heard that essentially bash a 7-11, let me tell you that we
need a CVS, we may need a 7-11, there may be a need for applications that can correct
years of zoning problems. CVS for example, took two pieces of property, merged them
and took out non-conforming buildings. Whether you like the CVS or not and whether
you think it changes that intersection, in the long run, it made improvements to that area
of Mattituck. Long historic problems. You have the ice cream shop next door. That is a
pre-existing use. Many of the problems are due to the ice cream shop. There is nothing
that can be done with that. Some day down the line, I wish the ice cream shop luck in
trying to get any improvements to that property because of the type of issues that
everybody has to go through on redevelopment of any property. So for the record, this
particular lot is defective, I, we, I know my client opposes it and I personally oppose
reactionary zoning in any respect. I agree with Mr. Dinizio's commentary which is
zoning laws, they shouldn't be guess work. People should be able to know that when
they come to a piece of property and it is zoned business, that there are businesses that
are permissible and that are appropriate. And you can disagree on whether this particular
use is appropriate there but I think when you weigh the benefits versus the detriments,
there will be a great deal more benefit to having that use go there and the improvements
that are being made associated with that use than the detriments. So for the record, that is
my position, is on behalf of my client (inaudible)
SUPERVISOR RUSSELL: I still, since this legislation fell so far short of what would
affect your client, I still, I am trying to understand why this legislation is being referred to
as reactionary. I mean, the first draft of this was done by Patricia Finnegan a long, long
time ago. I still don't understand the reactionary component. What I understand is
growing trends in convenience stores turning overnight into 2,500 square foot and that,
Amendments to the Zoning Code Public Hearing 29
October 20, 2009
the subject everybody is here to decide, growing trends because of a thing called a
Mallin's decision that allows ail these principal uses on one location whether it has the
ability to handle those uses or not. I think this law was very thoughtful in trying to
address some of that with the growth of convenience stores throughout this entire town.
That is exactly what this law does. It basically starts to say, you know what? You have a
property, you have a principal use, you want to have an accessory use, that is fine but you
just can't have the accessory use and fill up the building with whatever you want,
whenever you want without any review process because that site might not handle it.
That is how we get convenience stores right next to residentiai communities throughout
the entire community. And it has been a problem. How is that reactionary?
MS. MOORE: Inaudible. Then I think you have to fix the code to make that...
SUPERVISOR RUSSELL: Well, I recognize that with the Planning Board input.
MS. MOORE: Thank you.
SUPERVISOR RUSSELL: Arthur?
MR. TILLMAN: In response to the last comments, Ms. Moore would seem to have us
believe that there are legions of people out here, if only they weren't working at home
with their families, they would be here. Well, I would challenge you to do what we did.
Would you please go back to Mattituck and see if you can top us with over 1,200
signatures favoring 7-117 Also, those of us that are here are not here for economic
motivation. We are here for the love of our community, put it that way. Now when it
comes to laws, to comment on what Jim said, there is two aspects of law, there is the
letter of the law and there is the spirit of the law. My savior said love thy neighbor. That
is pretty simple. But what exactly does that mean? I don't have to look down and see
that codified. I have to try to live that every day. If there is a traffic problem, if there is
other problems that are going to be associated with this 7-11 in this case, you know, we
have to anticipate that. I am not here because I hate 7-11. I am here because I love my
community. I am here to support my friend, Leroy Heyliger and his church and all the
problems they face, I am not here to make money. And the changing situations
necessitate changing laws. The founding fathers in no way could have anticipated what
has happened to this country. Most recently with the abuses of corporate capitalism. It is
capitalism run amuck. And we all believe in capitalism. So new laws have to be
addressed and Congress is trying to address that right now. you can't just say, this was
written and yeah, it may have been written 50 years ago, 20 years ago, I mean maybe
even 5 years ago but it is out of date and it is not addressing a current situation. Thank
you.
SUPERVISOR RUSSELL: Would anyone else like to comment on this public hearing?
MARGARET LYNAUGH: Yes, I am Margaret Lynaugh, Mattituck. The way I saw it,
is it tree that all eastbound traffic has to enter and exit on Factory Avenue? In and out of
7-117
Amendments to the Zoning Code Public Hearing 30
October 20, 2009
SUPERVISOR RUSSELL: I don't know what the site plan would have called for.
UNIDENTIFIED: Yes.
MS. LYNAUGH: That is right. That is crazy. With everything we have on Factory
Avenue. I live on Sound Avenue and I pointed out to Ms. Evans yesterday what we deal
with and if all east bound traffic has to turn on Factory and exit on Factory, it is going to
be a mess.
COUNCILMAN KRUPSKI: Well, if you look at the traffic flow there and I am not
saying you are wrong, you are right, there is no, and I went to the Planning office and I
did take a look at the plans. To let people come out onto the Main Road there would be
really dangerous. Before we close the hearing...
SUPERVISOR RUSSELL: Can I just make sure anybody else would want to comment
on the public hearing? Well, you want to comment on the larger...okay, I am going to
close the hearing and then I am going to go to the ....
COUNCILMAN KRUPSKI: Can I just, on the public hearing, is there any consideration
on the Board to act on this this evening and if there is, I would just like to address the
Planning Board's concern that we received yesterday.
SUPERVISOR RUSSELL: I would love to table it.
COUNCILMAN WICKHAM: I think we would wait until we have a chance to discuss
the broader questions.
COUNCILMAN KRUPSKI: Alright. I just wanted to make sure that if we were going
to in fact going to act, we should address these before we ....
SUPERVISOR RUSSELL: Those are fundamental flaws that would need to be
addressed.
JUSTICE EVANS: Many of them have been incorporated in this version.
COUNCILMAN KRUPSKI: I see some have but I don't know if number three or four
have.
SUPERVISOR RUSSELL: I don't sense a Board member is inclined to vote for this or
against this tonight.
COUNCILMAN RULAND: I would want to know for sure and I don't know that, that
the Planning Board's recommendations are truly incorporated in the entire document and
draft and I think they should appear in the draft form before we try to insert them
piecemeal. So I think we should wait.
Amendments to the Zoning Code Public Hearing
October 20, 2009
SUPERVISOR RUSSELL: Okay. Let me get a motion to close this hearing tonight.
This hearing was closed at 7:35 PM
31
ElizaUo'eth A. Ne~l~le'~
Southold Town Clerk
Southold Town Board - Letter
Board Meeting of October 20, 2009
RESOLUTION 2009-868
TABLED
Item # 5.40
DOC ID: 5387
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-868 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 20, 2009:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 22nd day of September, 2009, a Local Law entitled "A Local Law in
relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business {HB)
District and Article XI entitled General Business {B} District" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law on the 20th day of October, 2009 at 4:40 p.m. at which time all interested persons
were given an opportunity to be heard, NOW THEREFOR BE IT
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code, Article X
entitled Hamlet Business (HB) District and Article XI entitled General Business (B)
District" reads as follows:
LOCAL LAW NO. Iq 2009
A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article
X entitled Hamlet Business {HB} District and Article XI entitled General Business {B}
District".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
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.
In consideration of these goals, the Town has found that certain retail uses have
characteristics that can cause an adverse impact on the public health, safety and welfare.
Generated October 26, 2009 Page 62
Southold Town Board - Letter Board Meeting of October 20, 2009
Convenience stores accessory to gas station uses, because of their proximity to similar
uses and their operation characteristics, including increased traffic generation, long hours
of operation, bright lights, and the noise and litter problems associated with such uses,
tend to be more intrusive to the community, and have the potential to cause adverse
impacts. This local law is intended to mitigate the potential impacts of convenience
stores accessory to gas station uses by ensuring, through thc appropriate revisions to the
Town Code, that accessory convenience stores are located on sites that have adequate on-
site parking and circulation, are a sufficient distance away from similar uses and are
designed to fit in with the community in scale, architecture, and overall site design in
order to preserve the community's character.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§280-4. Definitions. [Amended7-31-1973]
CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed
and stocked to sell prepackaged food items, beverages, periodicals and household goods for off-
premise consumption.
ARTICLE X
Hamlet Business (HB) District
§280-45. Use regulations.
A. Permitted uses. The following uses are permitted uses and, except for these uses
permitted under subsection A(1), (12) and (13 hereof, are subject to site plan
approval by the Planning Board.
Subparagraphs 1 through 13 - text remains the same.
(14) Convenience stores.
Accessory uses. The following uses are permitted as accessory uses and except for
residential accessory uses and signs, which are subject to Article XIX, are subject to site
plan review:
Subparagraphs 1 and 2 - text remains the same.
(3) Convenience store located with a prior non-conforming gas station use (gas
stations are not a permitted use in the HB zone, however, there are a number of
pre-existing gas stations in operation) shall be considered an accessory use subiect
to site plan review, only if the following requirements are met:
Maximum gross floor area of the retail store equals 800 square feet or less,
including storage and counter area.
Parking requirement equal to one space per 100 square feet of floor area
devoted to retail sales area including the sales counter and retail products
Generated October 26, 2009 Page 63
Southold Town Board - Letter Board Meeting of October 20, 2009
(c)
(d)
storage. The gas station must still meet its parking requirement separately,
however, each fuel dispenser can count as one parking space toward the
convenience store requirement.
The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical characteristics
of other buildings, public spaces and uses in the particular location, and
shall comply with the retail building standards in 280-45 A(7) (a)-(e) to
the extent practicable.
(e_)~)Signs for the convenience store shall conform with Article XIX of this
Chapter, and further, may not be lit from within.
CO(e) Formula food restaurants are not permitted within accessory convenience
stores.
(4)
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the minimum
bulk schedule requirements (e.g., a gas station with a convenience store that is
1,200 square feet in size must have a minimum of 69,999 40,000 square feet of
lot area).
Pre-existing, non-conforming convenience stores with the proper approvals in
place prior to the enactment of this law may continue as they are with no increase
in size unless they can meet the requirements for a second principal use.
ARTICLE XI
General Business (B) District
§280-48. Use regulations.
A. Permitted uses. The following uses are permitted uses and, except for these uses
permitted under subsection A(1), (12) and (13 hereof, are subject to site plan
approval by the Planning Board.
Subparagraphs I through 13 - text remains the same.
(14) Convenience stores.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XIX, are subject to site plan
review:
Subparagraphs 1 through 3 - text remains the same.
(4) Convenience store located with a gas station use shall be considered an accessory
use subiect to site plan review, only if the following requirements are met:
Generated October 26, 2009 Page 64
Southold Town Board - Letter Board Meeting of October 20, 2009
(5_)
(6)
(a) Maximum gross floor area of the retail store equals 800 square feet or less,
including storage and counter area.
(b) Parking requirement equal to one space per 100 square feet of floor area
devoted to retail sales area including the sales counter and retail products
storage. The gas station must still meet its parking requirement separately,
however, each fuel dispenser can count as one parking space toward the
convenience store requirement.
(c) The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical characteristics
of other buildings, public spaces and uses in the particular location, and
shall comply with the retail building standards in 280-45 A(7) (a)-(e) to
the extent practicable.
~) (d) Signs for the convenience store and gas station shall conform with Article
XIX of this chapter.
(~) (e) Formula food restaurants are not permitted within accessory convenience
stores.
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the minimum
bulk schedule requirements (e.g., a gas station with a convenience store that is
1,200 square feet in size must have a minimum of 60,000 square feet of lot area).
Pre-existing, non-conforming convenience stores with the proper approvals in
place prior to the enactment of this law may continue to operate as a non-
conforming use with no increase in size unless they can meet the requirements for
a second principal use.
ARTICLE XVIII
Parking and Loading Areas
§280-78 Off-street parking areas.
Type of Use
Convenience Stores
Required Number of Parking Spaces
at least 1 space per 100 square feet of gross
floor area of the retail store, including
storage and counter space
III. SEVERABILITY
If any clause, sentence, paragraph, section, or pan 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.
Generated October 26, 2009 Page 65
Southold Town Board - Letter Board Meeting of October 20, 2009
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
RESULT: TABLED [UNANIMOUS] Next: 11/4/2009 12:00 AM
MOVER: Louisa P. Evans, .lustice
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Krupski ]r., Wickham, Evans, Russell
Generated October 26, 2009 Page 66
Southold Town Board - Letter
Board Meeting of~October 20, 2009
RESOLUTION 2009-866
ADOPTED
Item # 5.38
DOC ID: 5383
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-866 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 20, 2009:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A
Local Law in relation to Amendments to the Zoning Code~ Article X entitled Hamlet
Business (HB} District and Article XI entitled General Business (B) District" is classified as
an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that
the Town Board of the Town of Southold hereby establishes itself as lead agency for the
uncoordinated review of this action and issues a Negative Declaration for the action in
accordance with the recommendation of Mark Terry dated October 19, 2009, and authorizes
Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent
with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront
Consistency Review.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Councilman
SECONDER: William Ruland, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated October 26, 2009 Page 40
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 25, 2009
RECEIVED
OCT 2. 9 ;?009
Southold Town Clerk
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on
the proposed Local Laws listed below on October 20, 2009:
4:35 PM - A Local Law in Relation to Amendments to Wireless Communication Facilities
~4:40 PM - A Local Law in Relation to Amendments to Zoning Code in HB and B Districts
Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed
envelope. Thank you.
Attachments
cc: Suffolk County Department of Planning
Village of Greenport
Town of Riverhead
Email: Southold Town Planning Board
Southold Town Assessors
Elizabeth A. Neville
Town Clerk
Long Island State Park Commission
Town of Shelter Island
Town of Southampton
Southold Town Trustees
Southold Town Board of Appeals
S thold Town .~uildin De art
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
October 16, 2009
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
RECEIVED
Town of Southold
PO Box 1179
Southold, New York 11935
Att: Ms. Elizabeth A. Neville, Clerk
0CT 2 2 2009
ealhobl lo m Cled
Applicant: Town of Southold
Zoning Action: Amendments: Sections 280-4 "Definations"
280-48 "Use Regulations"
280-78 "Off-Street Parking Area
Municipal File No.: Local Resolution No. 793
S.C.P.D. File No.: SD-09-LD
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 A. Isles, AICP
Chief Planner
APF:ds
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
#9479
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
week(s), successively, commencing on the
said Newspaper once each week for 1
1st day of October, 2009.
Sworn to before me this
Principal Clerk
day of b~.'~ 2009.
NOTARY ', ;J£LIC-STATE OF NEW YORK
No. 01-v06105050
O.,.-~-c d ir, Suffob< County
nuory 28, 201~
LEGAL NOTICE
NOTIC]E OF lqJ~EI~ ~ARING
NOTICE IS ~BY GIVEN,
there has been presented to the Town
Board of the Town of Southold, Suffolk
County, New York, on the 22nd day of
September 2009 a Local Law entitled "A
~ 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, Southoid,
New York, on the 20~ d~y of O~ober
~ ~t -4:40 p.m. at which time all inter-
ested persons will be given an opportu-
inty to be beard.
The proposed Local Law entitled, "A
~ reads as follows:
A Local Law entitled, ~
BE IT ENACTED by the Town Board
of the Town of Southold as follows:
L Pm'po~. The goals of the Town of
years, include the preservation of land,
preservation of the rural, cultural and
range of housing and business opportu-
nities that support a socio-economically
AglICLE X
Hamlet Business (H~) District
§280-4~.Use regnlatiou~.
C. Accessory uses.The following uses
are permitted as accessory uses and ex-
cept for residential accessory uses and
signs, which are subject to Article XIX,
are subject to site plan review:
Subparagraphs 1 and 2 - text remains
met:
(al Maximum ~ross floor area of the
inclndin? storaee and counter area
(b) Parkth~ reauirement canal to one
space ocr lO0 ~uare feet of floor area
devoted to retail sales area thcludin~ the
(a]-(e] to the extent
(dj Advertisements of any kind. in.
cludino audio or visual and inehwllng
trademark Io~,os. may not ~
nainted or ~lued onto the windemm of
the busine.~ or onto any exterior
tures_ thcludin~ banner~ or fla_~a_ Rd
may not be disnlaved via outdoor mmpi.
uses and their operation characteristics, (4~ Convenience stores ~s.~nciatod
the noise and fitter problems associated
with such uses, tend to be more intrusive
to the community, and have the poten-
tial to cause adverse impacts, This local
law is intended to mitigate the potential
impacts of coavenlence stores by ensur-
ing, through the appropriate revisions to
the Town Code, that convenience stores
are located on sites that have adequate
on-site parking and cimulation, are a suf-
ficient distance away from similar uses
and are designed to fit in with the com-
munity in scale, architecture, and overad
site design in order to preserve th~ com-
munity's character.
IL Chapter 280 of the Code of the
Town of Southold is hereby amended as
follows:
-l[2t~}da~)-~iinl~. [Amended 7-31-
1973]
CONVENIENCE STORE - A retail
store ?enerally les.~ than 5.0~0 ~_uare
feet that ia deaioned and stacked to aoll
(5) Pre-existino non-conforming con-
venience stores with the oroper aoorov-
ARTICLE XI
§280-78 Off-~eet parking areas.
~ Of Use: Convenien~ Stores
Rmpfired Nmnlmr of Parkll~ Space~
at least I space per 100 square feet of
HL SEVERABILITY
If any clause, sentenoe, paragraph,
section, or part of this Local Law shall
be adjudged by any court of competent
jurisdiction to be invabd, the judgment
shad not affect the validity of this law as
a whole or any part thereof other than
the part so decided to be unconstitution-
al or invalid.
Da/ed: September 22, ~009
PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To~
Scott Russell, Town Supervisor
Members of the Town Board
From:
Martin Sidor, Chairperson
Date: October 19, 2009
Re~
Local Law in Relation to Convenience Stores
The Planning Board supports the concept of limiting the size and other aspects of convenience
stores at gas stations. Most of the gas stations in Southold came into being at a time in the past when
there were fewer cars on the road. Site circulation, parking, and traffic were much less of an issue
then, allowing a gas station to operate on a very small site with no problems. Many of those sites do
not offer much in the way of parking or safe site circulation under crowded conditions, and are thus
not well-suited to handle the higher volume of cars currently using their site.
After reviewing the proposed code amendments, the Planning Board offers the following
comments:
1. Section 280-45 C. (3) (d) is unnecessarily restrictive. The Town Code already addresses
advertising and window signs in Article XIX Signs, which restricts them to a certain
percentage of the window area.
2. The Town Board should consider adding the specific language about outdoor advertising
monitors to the sign code so it applies to all businesses and not just this one type of business.
They are a new aspect of advertising that the code is not clear about, and they are out of
character with the community.
3. 280-45 C (4) should state "40,000 square feet" in the example instead of"60,000 square
feet." The Hamlet Business district requires 20,000 s.f. per use.
4. The Town Board should consider adding this accessory use to the Limited Business zone to
cover the existing gas station in that zoning district.
It appears the proposed amendments go beyond addressing only convenience stores accessory to gas
stations in the definition and parking requirements sections.
0CT. 20.2009 IO:03AM
DEPARTMENT OF PLANNING
631-853-~044
$ C ~ING D~PT
COUNTY OF SUFFOLK
STEVE L~'VY
SUFFOLK COUNTY EXECUTIVE
THOr4A$ A, ISLSS, A. LC,P
DIRECTOR OF PL~,NNING
October 15, 2009
Town of Southold
POBox 1179
Somholct, New York 11935
Att: Ms, Elizabeth A. Neville, Clerk
Applicant: Town of Southold
Zoning Actioo: Amendments: Sections 2110-4 '~Definations"
2g0-48 "Use Regular/OhS"
280-7g ~Off-Strcet Parking Area
Municipal File No.: Local Resolulion No. 793
$.C.P.D. File No.: SD-09-LD
Dear Ms, Neville:
Pursuant to the requiremeots of'Sections A 14-14 to 23 of the Suffolk County A dministrative
Code, the above referenced application which has been submitted r~ thc Suffolk County Planning
Commission is considered to be a matter ~or local determination as there is no apparent sigrgficant
county-wide or/nter-community impact(s), A decision of local determination should not bc
constn~ as e/thor ~ approval or disapproval.
Very truly yours,
Thomas A, Isles, AICP
Director of Planning
P, Freleng
ChiefPlau~ · , . _ ..
APF:ds
OCT 2 0 200q
LOCATION MAILING ADDRF_SS
H, LEE DENNISON 8LDG, -'~TH FLOOR P, O. BOX 81110 (631) BF~1-~191
100 VETERANS MEMORIAL HIGHWAY HAUI~I~^UGE, NY 1178~.0Og9 TELI~COPIER (83,1) 8Sc~-~0~s4
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by A~pllcant or Project Sponsor)
1. APPLICANT/SPONSOR ]2. PROJECT NAME
Town of Southold / "A Local Law in relation to Amendments to the Zoning Code,
3. PROJECT LOCATION:
Municipality Southold County Sufl~lk
4. PRECISE LOCATION (Street address and road intersections, 0rominent landmarks, etc., or provide map)
Jurisdictional limits of the Town of Southold
5. PROPOSED ACTION IS:
[] N~rw [] Expansion [] Modi§cation/alteration
6. DESCRIBE PROJECT BRIEFLY:
Law in relation to Amendments to the Zoning Code, Article X entitled Hamlet Business (HB)
(B) District"
7. AMOUNT OF LAND AFFECTED:
Initially I'~,~. acres Ultimately NA acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] No IfNo, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial
Describe:
N^
[] Agriculture [] Park/Forest/Open Space [] Other
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING1 NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
[] Yes -- U No If Yes, list agency(s) name and permil/approvals:
New York Department of State
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[~ Yes [] No If Yes, list agency(s) name and permit/approvals:
NA
12. AS A RESULT OF PROPOSED ACTION WILL EX,STING PERMITIAPPROVAL REQUIRE MODIF,CATION?
[]Yes ~]No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Date: 10/19/09
Signature:
IIf the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment I
OVER
PART II - IMPACT ASSESSMENT (To be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF.
[~Yes ['~No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative
declaration may be superseded by another involved agency.
[~] Yes ~]No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
None
C2. Aesthetic, agdcultursi, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly:
None
C3. Vegetation or fauna, fish, shellfish or wildlife spedes, significant habitats, or threatened or endangered species? Explain briefly:
None
C4. A community's existing ptsns or goals as officially adopted, or a change in use or intensity of use of land or ether natural res~Jrces? Explain b~iefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
None
C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdelty:
None
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes [] No If Yes, explain
bdefly:
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
PART lit - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~ge, important or otherwise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) ineversibility; (e)
geographic scope; and (t~ magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
s~fficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part it was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
] Chect(this box if you have idenfified one or more potentially large or significant adveme impacts which MAY occur. Then proceed directly to the FULl
EAF and/or prepare a positive declaration.
[] Check this bex if you have determined, basad on lhe information and analysis above and any sepporting decumentation, that the proposed action WILl
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Town of Southold Town Board 10/19/09
Name of Lead Agency Date
Supervisor
Print or Type Name of Responsible Officer in Lead Agency '~~
Signature of Responsible Officer in Lead Agency
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell
Town of Southold Town Board
From: MarkTerry, Principal Planner ~
LWRP Coordinator
Date: October 19, 2009
Re: Local Waterfront Revitalization Program Consistency Review for consideration of
"A Local Law in relation to Amendments to the Zoning Code, Article X entitled Hamlet
Business (HB) District and Article Xl entitled General Business (B) District".
The proposed local law has been reviewed to Chapter 268, Waterfront Consistency
Review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy Standards. Based upon the information provided to this
department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the LWRP Policy Standards and therefore is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
617,20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
~ART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor)
2. PROJECT NAME
APPLICANT/SPONSOR .,A Local Law in re at on to Amendments to the Zoning Code,
Town of Southold
3. PROJECT LOCATION:
M~,~;~;pa;iiy Southold County Suffolk
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Jurisdictional limits of the Town o£ Southoid
5. PROPOSED ACTION IS:
[] New [] Expansion [] Moditication/alteraflon
6. DESCRIBE PROJECT BRIEFLY:
!) roposed amendments to "A Local Law in relation to Amendments to the Zoning Code, Article X entitled Hamlet Business (HB)
istrict and Article XI entitled General Business (B) District"
7. AMOUNTOF LAND AFFECTED:
Initially IW,~ acres Ultimately NA acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No IfNo, descdbe bfielly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Indesbial [] Commercial [] Agriculture [] Park/Foresl/Open Space [] Other
Describe:
NA
0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FEDERAL, STATE OR LOCAL)?
~ [] yes [] NO If Yes, list agency(s) name and permit/aperovals:
New York D~partment o£S~ate
t. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] yes [] No If Yes, list agency(s) name and peri'nit/approvals: '
NA
2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
I CERTI~f IHAI THE INFORMAIION PROVIDEO ASO¥~: IS IRUE TO THE SE~I OF MY KiqotM.£DOE
~4~plicant/s~onsor name: Dete: 10/19/09
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the J
Coastal Assessment Form before proceeding with this assessment
I
OVER
1
PART II - IMPACT ASSESSMENT Ho be completed by Lead Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF.
I-I vss 171No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative
declaration may be superseded by another invelved agency.
[--~ Yes r~No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste produclton or disposal,
potential for erosion, drainage or flooding problems? Explain bdefiy:
None
C2. Aesthetic, agricultural, areflaeological, historic, or other natural or cultural resources; or communi[y or neighbethood character? Explain bdefiy:
None
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or eedangered species? Explain briefly:
None
C4. A community's existing plans or goals as officially adopted, ~r a change in use ~r intensity of use of land o~ other natural resources? Explain bitefly:
None
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdeify:
None
C6. Long term, short term, cumulative, or other effeels not identified in Cl-C57 Explain bdefly:
None
C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefiy:
None
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA (CEA)?
[] Yes [] No If Yes, explain bliefiy:
E. Is THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
[] Yes [] No If Yes, explain briefly:
=ART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse etfect idontified above, detarmine whether it is substantial, large, important or ofhem~ise significant. Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e)
geographic scope; and (f) magnitude, If necessary, add attachments or reference supporting materials. Ensure that explanations contain
saflicient detail to show that all relevant adverse impacts have been identified and adequately addrossed. If question D of Part II was checked
yes, the determination of significance must evaluate the potential impact of the proposed action on the environmontal characteristics of the CEA.
] Check this box if have identified one or mom potentially la or significant adverse impacts which MAY occur. Then proceed directly to the FULl.
you
rge
FAF aedlor prepare a positive declaraUon.
[] Check thle box tf you have determined, besed on the information and anslysis abeve and any supporling documentafion, that the proposed acfion WIU.
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Town of Southold Town Board 10/19/09
Name of Lead Agency Date
Supc~,,iser
Signature of Re~oonsible Olticar in Lead Agency
Southold Town Board - Letter
Board Meeting of September 22, 2009
RESOLUTION 2009-793
ADOPTED
Item # 5.42
DOC ID: 5315
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-793 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 22, 2009:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 22nd day of September, 2009, a Local Law entitled "A Local Law in
relation to Amendments to the Zonin~ Coder Article X entitled Hamlet Business (HB}
District and Article XI entitled General Business (B) District" 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
20th day of October, 2009 at 4:40 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to the Zoning
Code~ Article X entitled Hamlet Business {HB} District and Article XI entitled General
Business {Bt District" reads as follows:
LOCAL LAW NO. 2009
A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article
X entitled Hamlet Business (HB} District and Article XI entitled General Business
District".
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
Generated September 28, 2009 Page 65
Southold Town Board - Letter Board Meeting of September 22, 2009
the
In
documents over the past twenty years, include the preservation of land, preservation of
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.
consideration of these goals, the Town has found that certain retail uses have
characteristics that can cause an adverse impact on the public health, safety and welfare.
Convenience stores, because of their proximity to similar uses and their operation
characteristics, including increased traffic generation, long hours of operation, bright
lights, and the noise and litter problems associated with such uses, tend to be more
intrusive to the community, and have the potential to cause adverse impacts. This local
law is intended to mitigate the potential impacts of convenience stores by ensuring,
through the appropriate revisions to the Town Code, that convenience stores are located
on sites that have adequate on-site parking and circulation, are a sufficient distance
away from similar uses and are designed to fit in with the community in scale,
architecture, and overall site design in order to preserve the community's character.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
8280-4. Definitions. [Amended 7-31-1973]
CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed
and stocked to sell prepackaged food items, beverages, periodicals and household goods for off-
premise consumption.
ARTICLE X
Hamlet Business (HB) District
8280-45. Use regulations.
C. Accessory uses. The following uses are permitted as accessory uses and except for
residential accessory uses and signs, which are subject to Article XIX, are subject to site
plan review:
Subparagraphs 1 and 2 - text remains the same.
(3) Convenience store located with a prior non-conforming gas station use (gas
stations
are not a permitted use in the HB zone, however, there are a number of pre-
existing
gas stations in operation) shall be considered an accessory use subject to site plan
review, only if the following requirements are met:
Generated September 28, 2009 Page 66
Southold Town Board - Letter Board Meeting of September 22, 2009
(a) Maximum gross floor area of the retail store equals 800 square feet or less,
including storage and counter area.
(b) Parking requirement equal to one space per 100 square feet of floor area
devoted to retail sales area including the sales counter and retail products
storage. The gas station must still meet its parking requirement separately,
however, each fuel dispenser can count as one parking space toward the
convenience store requirement.
(c) The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical characteristics
of
other buildings, public spaces and uses in the particular location, and shall
comply with the retail building standards in 280-45 A(7) (a)-(e) to the
extent practicable.
(d)
(_e)
(_f)
Advertisements of any kind, including audio or visual, and including
trademark logos, may not be affixed, painted or glued onto the windows
the business or onto any exterior structures, including banners or flags,
and
may not be displayed via outdoor monitors or t.v.s.
Signs for the convenience store shall conform with Article XIX of this
Chapter, and further, may not be lit from within.
Formula food restaurants are not permitted within accessory convenience
stores.
(4)
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the minimum
bulk schedule requirements (e.g., a gas station with a convenience store that is
1,200 square feet in size must have a minimum of 60,000 square feet of lot area).
in
Pre-existing non-conforming convenience stores with the proper approvals in
place prior to the enactment of this law may continue as they are with no increase
size unless they can meet the requirements for a second principal use.
ARTICLE Xl
General Business (B) District
§280-48. Use regulations.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XIX, are subject to site plan
review:
Generated September 28, 2009 Page 67
Southold Town Board - Letter Board Meeting of September 22, 2009
Subparagraphs 1 through 3 - text remains the same.
(4) Convenience store located with a gas station use shall be considered an accessory
use subject to site plan review, only if the following requirements are met:
(6)
(c)
o_f
Maximum gross floor area of the retail store equals 800 square feet or less,
including storage and counter area.
Parking requirement equal to one space per 100 square feet of floor area
devoted to retail sales area including the sales counter and retail products
storage. The gas station must still meet its parking requirement separately,
however, each fuel dispenser can count as one parking space toward the
convenience store requirement.
The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical characteristics
other buildings, public spaces and uses in the particular location, and shall
comply with the retail building standards in 280-45 A(7) (a)-(e) to the
extent practicable.
(d) Advertisements of any kind, including audio or visual, and including
trademark logos, may not be affixed, painted or glued onto the windows of
the business or onto any exterior structures, including banners or flags,
and
may not be displayed via outdoor monitors or t.v.'s.
(e) Signs for the convenience store and gas station shall conform with Article
XIX of this chapter.
(f) Formula food restaurants are not permitted within accessory convenience
stores.
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the minimum
bulk schedule requirements (e.g., a gas station with a convenience store that is
1,200 square feet in size must have a minimum of 60,000 square feet of lot area).
Pre-existing, non-conforming convenience stores with the proper approvals in
place prior to the enactment of this law may continue to operate as a non-
conforming use with no increase in size unless they can meet the requirements for
a second principal use.
ARTICLE XVIII
Parking and Loading Areas
§280-78 Off-street parking areas.
Type of Use
Convenience Stores
Required Number of Parking Spaces
at least 1 space per 100 square feet of gross
Generated September 28, 2009 Page 68
Southold Town Board - Letter Board Meeting of September 22, 2009
floor area of the retail store, including
storage and counter space
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
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas lq. Wickham, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski .Ir., Wickham, Evans, Russell
Generated September 28, 2009 Page 69
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the
Town of Southold, Suffolk County, New York, on the 22nd day of September, 2009, a
Local Law entitled "A Local Law in relation to Amendments to the Zoning Code~
Article X entitled Hamlet Business {HB) District and Article XI entitled General
Business {B) District" 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 20th day of October, 2009 at 4:40
p.m. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to the
Zoning Code~ Article X entitled Hamlet Business (HB) District and Article XI
entitled General Business (B) District" reads as follows:
LOCAL LAW NO. 2009
A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~
Article X entitled Hamlet Business (HB) District and Article XI entitled General
Business (B) District".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
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 commtmity, and an increase in transportation efficiency
while preserving the scenic and historic attributes of the Town. In consideration
of these goals, the Town has found that certain retail uses have characteristics that
can cause an adverse impact on the public health, safety and welfare.
Convenience stores, because of their proximity to similar uses and their operation
characteristics, including increased traffic generation, long hours of operation,
bright lights, and the noise and litter problems associated with such uses, tend to
be more intrusive to the community, and have the potential to cause adverse
impacts. This local law is intended to mitigate the potential impacts of
convenience stores by ensuring, through the appropriate revisions to the Town
Code, that convenience stores are located on sites that have adequate on-site
parking and circulation, are a sufficient distance away from similar uses and are
designed to fit in with the community in scale, architecture, and overall site
design in order to preserve the community's character.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§280-4. Definitions. [Amended 7-31-1973]
CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is
designed and stocked to sell prepackaged food items, beverages, periodicals and
household goods for off-premise consumption.
ARTICLE X
liamlet Business (liB) District
§280-45. Use regulations.
C. Accessory uses. The following uses are permitted as accessory uses and except
for residential accessory uses and signs, which are subject to Article XIX, are
subject to site plan review:
Subparagraphs 1 and 2 - text remains the same.
(3) Convenience store located with a prior non-conforming gas station use
(gas stations are not a permitted use in the HB zone, however, there are a
number of pre-existing gas stations in operation) shall be considered an
accessory use subject to site plan review, only if the following
requirements are met:
Maximum gross floor area of the retail store equals 800 square feet
or less, including storage and counter area.
Parking requirement equal to one space per 100 square feet of floor
area devoted to retail sales area including the sales counter and
retail products storage. The gas station must still meet its parking
requirement separately, however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical
characteristics of other buildings, public spaces and uses in the
particular location, and shall comply with the retail building
standards in 280-45 A(7) (a)-(e) to the extent practicable.
(cl) Advertisements of any kind, including audio or visual, and
including trademark logos, may not be affixed, painted or glued
(e_)
(_f)
onto the windows of the business or onto any exterior structures,
including banners or flags, and may not be displayed via outdoor
monitors or t.v.s.
Signs for the convenience store shall conform with Article XIX of
this Chapter, and further, may not be lit from within.
Formula food restaurants are not permitted within accessory
convenience stores.
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the
minimum bulk schedule requirements (e.g., a gas station with a
convenience store that is 1,200 square feet in size must have a minimum
of 60,000 square feet of lot area).
Pre-existing, non-conforming convenience stores with the proper
approvals in place prior to the enactment of this law may continue as they
are with no increase in size unless they can meet the requirements for a
second principal use.
ARTICLE XI
General Business (B) District
{}280-48. Use regulations.
C. Accessory uses. The following uses are permitted as accessory uses and, except
for residential accessory uses and signs, which are governed by Article XIX, are subject
to site plan review:
Subparagraphs 1 through 3 - text remains the same.
Convenience store located with a gas station use shall be considered an
accessory use subject to site plan review, only if the following
requirements are met:
Maximum gross floor area of the retail store equals 800 square feet
or less, including storage and counter area.
Parking requirement equal to one space per 100 square feet of floor
area devoted to retail sales area including the sales counter and
retail products storage. The gas station must still meet its parking
requirement separately, however, each fuel dispenser can count as
one parking space toward the convenience store requirement.
The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical
characteristics of other buildings, public spaces and uses in the
particular location, and shall comply with the retail building
(6)
standards in 280-45 A(7) (a)-(e) to the extent practicable.
(d) Advertisements of any kind, including audio or visual, and
including trademark logos, may not be affixed, painted or glued
onto the windows of the business or onto any exterior structures,
including banners or flags, and may not be displayed via outdoor
monitors or t.v.'s.
(e) Signs for the convenience store and gas station shall conform with
Article XIX of this chapter.
(1) Formula food restaurants are not permitted within accessory
convenience stores.
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the
minimum bulk schedule requirements (e.g., a gas station with a
convenience store that is !,200 square feet in size must have a minimum
of 60,000 square feet of lot area).
Pre-existing, non-conforming convenience stores with the proper
approvals in place prior to the enactment of this law may continue to
operate as a non-conforming use with no increase in size unless they can
meet the requirements for a second principal use.
ARTICLE XVIII
Parking and Loading Areas
{}280-78 Off-street parking areas.
Type of Use
Convenience Stores
Required Number of Parking Spaces
at least 1 space per 100 square feet of gross
floor area of the retail store, including
storage and counter space
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: September 22, 2009
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth Neville
Town Clerk
PLEASE PUBLISH ON October 1, 2009, AND FORWARD ONE (1) AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O.
BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
TC's Bulletin Board
Planning Dept.
Town Board Members
Building Department
Town Attorney
ZBA
Southold Town Board - Letter
Board Meeting of October 6, 2009
RESOLUTION 2009-822
ADOPTED
Item # 5.30
DOC ID: 5345
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-822 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 6, 2009:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to forward the proposed Local Law entitled "A Local Law in Relation to
Amendments to the Zoning Code~ Article X entitled 'Hamlet Business (HB) District' and
Article XI entitled 'General Business (B) District' (convenience stores)" to the Suffolk
County Planning Commission and the Southold Town Planning Board for their review and
recommendation.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER: Thomas H. Wickham, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Generated October 13, 2009 Page 36
RESOLUTION 2009-793
ADOPTED
DOC ID: 5315
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-793 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 22, 2009:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suflblk
County, New York, on the 22nd day of September, 2009, a Local Law entitled "A Local Law in
relation to Amendments to the Zoning Code~ Article X entitled Hamlet Business
District and Article XI entitled General Business (B) District" 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
20th day of October, 2009 at 4:40 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to the Zoning
Code~ Article X entitled Hamlet Business {HB} District and Article XI entitled General
Business {B} District" reads as follows:
LOCAL LAW NO. 2009
A Local Law entitled, "A Local Law in relation to Amendments to the Zoning Code~ Article
X entitled Hamlet Business {HB} District and Article XI entitled General Business {B)
District".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
the
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
Resolution 2009-793
In
Board Meeting of September 22, 2009
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.
consideration of these goals, the Town has found that certain retail uses have
characteristics that can cause an adverse impact on the public health, safety and welfare.
Convenience stores, because of their proximity to similar uses and their operation
characteristics, including increased traffic generation, long hours of operation, bright
lights, and the noise and litter problems associated with such uses, tend to be more
intrusive to the community, and have the potential to cause adverse impacts. This local
law is intended to mitigate the potential impacts of convenience stores by ensuring,
through the appropriate revisions to the Town Code, that convenience stores are located
on sites that have adequate on-site parking and circulation, are a sufficient distance
away from similar uses and are designed to fit in with the community in scale,
architecture, and overall site design in order to preserve the community's character.
II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows:
§280-4. Definitions. [Amended 7-31-1973]
CONVENIENCE STORE - A retail store generally less than 5,000 square feet that is designed
and stocked to sell prepackaged food items, beverages, periodicals and household goods for off-
premise consumption.
ARTICLE X
Hamlet Business (HB) District
{}280-45. Use regulations.
C. Accessory uses. The following uses are permitted as accessory uses and except for
residential accessory uses and signs, which are subject to Article XIX, are subject to site
plan review:
Subparagraphs 1 and 2 - text remains the same.
(3) Convenience store located with a prior non-conforming gas station use (gas
stations
are not a permitted use in the HB zone, however, there are a number of pre-
existing
gas stations in operation) shall be considered an accessory use subject to site plan
review, only if the following requirements are met:
(a) Maximum gross floor area of the retail store equals 800 square feet or less,
including storage and counter area.
(b) Parking requirement equal to one space per 100 square feet of floor area
devoted to retail sales area including the sales counter and retail products
Updated: 9/22/2009 3:19 PM by Lynda Rudder Page 2
Resolution 2009-793
(c)
Board Meeting of September 22, 2009
storage. The gas station must still meet its parking requirement separately,
however, each fuel dispenser can count as one parking space toward the
convenience store requirement.
The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical characteristics
o_f
other buildings, public spaces and uses in the particular location, and shall
comply with the retail building standards in 280-45 A(7) (a)-(e) to the
extent practicable.
(d) Advertisements of any kind, including audio or visual, and including
trademark logos, may not be affixed, painted or glued onto the windows
o_f
the business or onto any exterior structures, including banners or flags,
and
may not be displayed via outdoor monitors or t.v.s.
(e) Signs for the convenience store shall conform with Article XIX of this
Chapter, and further, may not be lit from within.
Formula food restaurants are not permitted within accessory convenience
stores.
(4)
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the minimum
bulk schedule requirements (e,g., a gas station with a convenience store that is
1,200 square feet in size must have a minimum of 60,000 square feet of lot area).
ill
Pre-existing, non-conforming convenience stores with the proper approvals in
place prior to the enactment of this law may continue as they are with no increase
size unless they can meet the requirements for a second principal use.
ARTICLE XI
General Business (B) District
§280-48. Use regulations.
C. Accessory uses. The following uses are permitted as accessory uses and, except for
residential accessory uses and signs, which are governed by Article XIX, are subject to site plan
review:
Subparagraphs 1 through 3 - text remains the same.
(4) Convenience store located with a gas station use shall be considered an accessory
use subject to site plan review, only if the following requirements are met:
Maximum gross floor area of the retail store equals 800 square feet or less,
Updated: 9/22/2009 3:19 PM by Lynda Rudder Page 3
Resolution 2009-793
(b)
(6)
(c)
o_f
Board Meeting of September 22, 2009
including storage and counter area.
Parking requirement equal to one space per 100 square feet of floor area
devoted to retail sales area including the sales counter and retail products
storage. The gas station must still meet its parking requirement separately,
however, each fuel dispenser can count as one parking space toward the
convenience store requirement.
The physical design, including color and use of materials, of the
establishment shall be sensitive to the visual and physical characteristics
other buildings, public spaces and uses in the particular location, and shall
comply with the retail building standards in 280-45 A(7) (a)-(e) to the
extent practicable.
(d) Advertisements of any kind, including audio or visual, and including
trademark 10gos, may not be affixed, painted or glued onto the windows of
the business or onto any exterior structures, including banners or flags,
and
may not be displayed via outdoor monitors or t.v.'s.
(e) Signs for the convenience store and gas station shall conform with Article
XIX of this chapter.
(f) Formula food restaurants are not permitted within accessory convenience
stores.
Convenience stores associated with gas stations that do not meet these
requirements are considered a second principal use and must meet the minimum
bulk schedule requirements (e.g., a gas station with a convenience store that is
1,200 square feet in size must have a minimum of 60,000 square feet of lot area).
Pre-existing, non-conforming convenience stores with the proper approvals in
place prior to the enactment of this law may continue to operate as a non-
conforming use with no increase in size unless they can meet the requirements for
a second principal use.
ARTICLE XVIII
Parking and Loading Areas
§280-78 Off-street parking areas.
Type of Use
Convenience Stores
Required Number of Parking Spaces
at least 1 space per 100 square feet of gross
floor area of the retail store, including
storage and counter space
IlL 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.
Updated: 9/22/2009 3:19 PM by Lynda Rudder Page 4
Resolution 2009-793
Board Meeting of September 22, 2009
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
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas H. Wickham, Councilman
SECONDER: Vincent Orlando, Councilman
AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell
Updated: 9/22/2009 3:19 PM by Lynda Rudder Page 5