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Home My WebLink AboutSH RES 665 Horse Farms, etcSouthampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. Schermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 June 16, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Responding to this letter will serve as an acknowledgement of receipt of the attached copies of resolutions adopted by the Southampton Town Board. Please sign this letter and return it to the Town Clerks Office via standard mail, by fax at 631-283-5606 or you may scan and email it back to townclerkt~southamotontownnv.qgy. Signature: ~-~~ Date: Please be advised that the Town Board, at a meeting held on June 14, 2011 1:00 PM, reviewed the following resolution(s): Resolution RES-2011-665 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Southampton Town Code §$$0-162.1 (Horse Farms), §330-79 (Agriculture, Gardening and Animal Husbandry) and §330-10 (Residence Districts Table of Use Regulations) to Create Consistent Regulations for Animal Husbandry and Horse Farms in Residential Zoning Districts Sincerely Yours, Sundy A. Schermeyer Town Clerk Generated 6/16/2011 Page I Southampton Town Board 116 Hampton Road Southampton, NY 11968 Sundy A. $chermeyer Town Clerk Telephone: (631) 287-5740 Fax: (631) 283-5606 Hampton Bays Annex: (631) 723-2712 3une 16, 2011 Honorable Elizabeth Neville Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Honorable Elizabeth Neville: Please be advised that the Town Board, at a meeting held on June 14, 2011 1:00 PM, reviewed the following resolution(s): Resolution RES-2011-665 Adopted [Unanimous] Notice of Public Hearing to Consider Amending Southampton Town Code §$$0-162.1 (Horse Farms), §330-79 (Agriculture, Gardening and Animal Husbandry) and §330-10 (Residence Districts Table of Use Regulations) to Create Consistent Regulations for Animal Husbandry and Horse Farms in Residential Zoning Districts CC: David Wilcox Nancy Graboski, Councilwoman Cheryl Kraft, Public Safety Adm 3efferson Murphree, Land Management Christopher Nuzzi, Councilman 3ohn Capone, Network Admin Kim Myers Kathleen Murray Lisa Dunlap Kim Ottati Sundy Schermeyer, Town Clerk Tara Leach, Assistant Barbara Meyer Michael Baldwin Sandra Cirincione Anna Throne-Hoist, Supervisor Tamara Wright, Comptroller Kathryn Scott Paul Rubano Karin 3ohnson 3ames Malone, Councilman Bridget Fleming, Councilwoman Russell Kratovill Tiffany Scarlato Dennis Finnerty, Planning Board Chairman Lorraine David Diane Neill, PR Planner 3acqueline Sherman-Smith, Principal Planner 3anice Scherer Stephen Funsch, Village Clerk/Treasurer Sandra L. Schroeder, Village Clerk Kimberly Shaw Brenda Prusinowski, Deputy Comm. of PELM Generated 6/16/2011 Page i Southampton Town Board - Letter Board Meeting of 3une 14, 2011 Lori Riccardi, ZBA Head Clerk Martin Haley, Comm. of Bldg & Fire Prevention Patricia Eddington, Brookhaven Town Clerk Becky IV]olinaro, Village Clerk - Treasurer Michael Benincasa, Chief Building Inspector Clare Vail, Assistant William H. Rogers, Deputy Commissioner of PELIV] Tullio Bertoli, Commissioner of PELIV] Robert: Quinlan, Brookhaven Town Arty Gilbert Anderson, Deputy Commissioner Herb Phillips Rosemarie Cary Winchell, Village Clerk Donald Louchheim, Mayor Honorable Frederick Overt:on, Town Clerk Sarah Lansdale, Director L.I. State Park Commission Laura J. Delessandro, Village Cerk Honorable Dorothy Ogar, Town Clerk Honorable Diane Wilhelm, Town Clerk Georgia Welch, Village Clerk Tim Laube, Clerk Andrew Freleng, Chief Planner David Betts, Town Investigator Sincerely Yours, Sund¥ ^. Schermeyer Town Clerk Generated 6/16/2011 Page 2 Southampton Town Board - Letter Board Meeting of 3une 14, 2011 RESOLUTION 2011-665 ADOPTED Item # 6.34 DOC ID: 13347 Notice of Public Hearing to Consider Amending Southampton Town Code §330-162.1 (Horse Farms), §330-79 (Agriculture, Gardening and Animal Husbandry) and §330-10 (Residence Districts Table of Use Regulations) to Create Consistent Regulations for Animal Husbandry and Horse Farms in Residential Zoning Districts BE [T RESOLVED, that the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on Tuesday, ,luly 12, 2011, at 1:00 p.m. at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to amend Southampton Town Code {}330-162.1 (horse farms), {}330-79 (agriculture, gardening and animal husbandry) and {}330-10 (Residence Districts Table of Use Regulations) to create consistent regulations for Animal Husbandry and Horse Farms in Residential Zoning Districts," which provides as follows: LOCAL LAW NO. OF 2011 A LOCAL LAW amending Southampton Town Code §330-162.1 (horse farms), §330-79 (agriculture, gardening and animal husbandry) and §330-10 (Residence Districts Table of Use Regulations) to create consistent regulations for Animal Husbandry and Horse Farms in Residential Zoning Districts. BE [T ENACTED by the Town Board of the Town of Southampton as follows: SECTTON 1. Legislative Tntent. Currently, §162. i(F) of the Southampton Town Code refers to the provisions of §330-79(A) to regulate minimum setbacks for horse farm accessory structures, particularly, indoor training tracks, exercise rings and stabling facilities. This code amendment seeks to clarify the Code by specifically applying a 150 foot setback from any street line and a 200 foot setback (sited in Town Code §330-79(A) for indoor training tracks, indoor exercise rings and horse stables to horse farms located in any residential zoning district. This code amendment seeks to treat animal husbandry and horse farms consistently in the Code by applying the same setbacks to both horse farm stables and animal husbandry where permitted. Further, Town Code §330-79 currently only permits agriculture, gardening and animal husbandry in the Country Residence (CR) Zoning District on properties of five acres or more and regulates cover crops solely in Residence (R) Zoning Districts. This amendment will allow animal husbandry in the CR and R Zoning Districts as long as the property is a minimum of ten acres. This code amendment will also allow animal husbandry in those residential zoning districts where horse farms, horse stabling facilities or horseback riding academies are permitted. Generated 6/16/2011 Page 3 Southampton Town Board - Letter Board Meeting of 3une 14, 2011 Lastly, this amendment also serves to correct a typographical error in section 330-162. i(G) of the Southampton Town Code. SECTION 2. Amendment. Town Code §330-162.1 (F-G) (Horse farms; horse stabling facilities; horseback riding academies) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-162.1. Horse farms; horse stabling facilities; horseback riding academies. [Added 6-12-1990 by L.L. No. 14-1990] An indoor riding training track~ ~F exercise ring and/or horse stabling facility may be permitted as an accessory structure, provided that the subject horse farm, horse stabling facilities or horseback riding academy is located on a parcel of 10 acres or greater and shall be set back a minimum of 150 feet from any street line and a minimum of 200 feet from any other property line.,.v...,.,,~.~,,~,,,~~'~*'A'~*~*~ ,~.,,~ ...... ~,v.,~,~,,~ of g~ ~^...., t _The Planning Board may allow such accessory structures to meet the minimum setbacks of the applicable zone, subject to the requirements of the following Subsection G. The overall size of the track or ring structure shall be limited to 15,000 square feet for parcels less than 25 acres, and only one such structure shall be permitted for each 10 acres of lot area. On sites of more than 25 acres, the Planning Board may consider a structure larger than 15,000 square feet, which may include indoor stalls as part of the structure. Tn no case shall any such structure be larger than 24,000 square feet in size. Tn consideration of the fact that such horse farm, horse stabling facility and/or horseback riding academy will be primarily located in residentially zowned areas, the architectural style of buildings and structures shall be consistent with other agricultural buildings and as compatible as possible with the surrounding neighborhood, and the buildings shall be of a style and construction satisfactory to the Planning Board. Screening shall be required where it is determined to be necessary to minimize any adverse visual effects on neighboring properties. Tn siting larger structures, such as an indoor training track or exercise ring, the Planning Board shall consider the topography of the subject property and adjacent sites to take advantage of any natural screening which may be afforded by the land itself and/or by existing vegetated areas. Notwithstanding any provisions to the contrary, the Planning Board may allow the use of structures that existed prior to the effective date of this section, provided that potential impacts upon surrounding residences are minimized to the maximum extent practical. SECTION 3. Amendment. Town Code §330-79. (Agriculture, gardening and animal husbandry) is hereby amended by deleting the stricken words and adding the underlined words as follows: §330-79. Agriculture, gardening and animal husbandry. Tn CR and R Districts, the following shall apply to the keeping of animals in all forms, except the keeping of animals as household pets: (1) Animal husbandry shall only be permitted on sites of f!';c ten acres or Generated 6/16/2011 Page 4 Southampton Town Board - Letter Board Meeting of 3une 14, 2011 more. (2) All shelters provided for livestock, fowl or fur- and woolbearing animals shall be at least 150 feet from any street line and 200 feet from any other property line, except that an existing shelter may remain and be added to, provided that the addition shall not encroach on a required yard. (3) The disposal of animal wastes shall be provided for in such a manner as to prevent any nuisance or sanitary problem. In CR and R Districts, agricultural and gardening uses shall comply with the following requirements: (1) Cover crops shall be planted or sown on all cultivated land of one acre or more within two weeks of the date when crops are harvested therefrom and in no event later than October 30 of any year. Such crops shall be grown and maintained in such condition as to protect the soil against wind erosion at all times to the full extent possible after the use of such due diligence as a reasonably prudent farmer or gardener would employ or exercise under all circumstances. SECTION 4. Amendment. Town Code §330-10 Residence Districts, Table of Use Regulations, Part 1, C and D (2) is hereby amended by inserting underlined words and deleting words and a letter with a strikethrough as follows: 330-10 Table of Use Regulations: Part 1, C and D P= Permitted use SE= Special Exception Use X= Prohibited use ALL UNLTSTED USES ARE PROHTBTTED TN ALL DTSTR~CTS Jse CR-200 CR-120 2R-80 CR-60 CR-40 ~,-120 R-80 R-60 21assification Country Country 2ountry Country Country ~,esiden Residen Residen ResidencResiden ~,esiden Residen Residen :e ce :e e ce :e ce :e 3. Business SE SE 3E SE SE ~S~E XS~E ~S~E Jses ~2)Animal qusbandry, Jairy and Jairy products SECTION 5. Amendment. Generated 6/16/2011 Page 5 Southampton Town Board - Letter Board Meeting of 3une 14, 2011 Town Code §330-10 Residence Districts, Table of Use Regulations, Part 2, C and D (2) is hereby amended by inserting underlined words and deleting words and a letter with a strikethrough as follows: 330-10 Table of Use Regulations: Part 1, C and D P= Permitted use SE= Special Exception Use X= Prohibited use ALL UNLTSTED USES ARE PROHTBTTED TN ALL DTSTR~CTS Jse R-40 R-20 ~,-15 R-10 MF-44 qHS- 40SC-44 MFPRD OSC 21assification ResidencResiden ~,esiden Residen Multi- qobile Senior e ce :e ce Family flome Citizen Residen 3ubdivis Housing se on ~,esiden :e ). Business ~( S~E g( S~E ~ X × ~ X K X Jses [2)Animal qusbandry, Jairy and Jairy products SECTION 6. Authority. The proposed local law is enacted pursuant to Town Law §§264 &265. SECTION 7. Severability. Tf any section or subsection, paragraph, clause, phrase or provision of this law shall be judged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. SECTION 8. Effective Date. This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law. AND BE TT FURTHER RESOLVED, that the Town Clerk is hereby directed to forward a copy of the proposed law to the Southampton Town Planning Board as well as the Suffolk County Planning Commission for their review and recommendations; and be it further RESOLVED, that the Town Clerk is hereby directed to publish the following Notice of Public Hearing: NOTICE OF PUBLIC HEARING Generated 6/16/2011 Page 6 Southampton Town Board - Letter Board Meeting of Iune 14, 2011 TAKE NOTICE that, the Town Board of the Town of Southampton hereby directs that a public hearing shall be held on luly 12, 2011 at 1:00 p.m., at the Southampton Town Hall, 116 Hampton Road, Southampton, New York, to hear any and all persons either for or against a proposed local law entitled, "A LOCAL LAW to amend Southampton Town Code §330-162.1 (horse farms), §330-79 (agriculture, gardening and animal husbandry) and §330-10 (Residence Districts Table of Use Regulations) to create consistent regulations for Animal Husbandry and Horse Farms in Residential Zoning Districts," which provides as follows: Summary of Proposed Law The Town Code currently regulates agriculture, gardening and animal husbandry in the CR and R Zoning Districts. This Code amendment creates consistency between horse farms and animal husbandry by setting the same setback requirements for both uses. This proposed local law also amends the use tables to allow animal husbandry and horse farms in the same residential zoning districts. The proposed local law further seeks to increase the acreage requirement for animal husbandry from five to ten acres because this amendment would allow animal husbandry in the typically smaller R Zoning Districts. Copies of the proposed law, sponsored by Councilwoman Graboski, are on file in the Town Clerk's Office, Monday through Friday, from 8:30 a.m. to 4:00 p.m. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHAMPTON, NEW YORK SUNDY A. SCHERMEYER, TOWN CLERK Fiscal Impact: None RESULT: ADOPTED [UNANTMOUS] MOVER: Nancy Graboski, Councilwoman SECONDER: Bridget Fleming, Councilwoman AYES: Throne-Hoist, Malone, Graboski, Fleming, Nuzzi Generated 6/16/2011 Page 7