HomeMy WebLinkAboutSpecial Events· ~ RESOLUTION 2012-461
DEFEATED DOC ID: 7888
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-461 WAS
DEFEATED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 5, 2012:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 24th day of Aprii, 2012, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 205~ Public Entertainment and Special Events" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public
Entertainment and Special Events" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public
Entertainment and Special Events".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent of this Article to establish procedures and requirements for conducting special
events in the Town of Southold to preserve the public peace, good order, the integrity of the use
regulations established under the Zoning Code, to properly provide for the health, safety and
welfare of the general public and to provide penalties for violations of the provisions herein.
It is not the intent of this article to include the following:
Ordinary and occasional usc by owners of private property to host private gatherings to
celebrate family events, holidays, etc. or to raise funds for charitable or other not for
profit purposes. However, the use of residential property for profit, such as a venue for
weddings, is prohibited at all times.
The ordinary and occasional use by a special district for fundraising for its own purposes.
Such use shall be on site and have adequate parking, ingress, egress, traffic control, and
facilities to host such an event.
The ordinary and occasional use of a property owned by a not for profit for fundraising
for its own purpose. Such use shall be on site and has adequate parking, ingress, traffic
control and facilities to host such an event.
II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows:
Resolution 2012-461 Board Meeting of June 5,2012
A
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Resolution 2012-461
Board Meeting of June 5, 2012
§205-1. Definitions.
PERSON - Any association, partnership, corporation, cooperative group, trust or other entity, as
well as an individual.
SPECIAL EVENT - Any temporary gathering, demonstration, performance, exhibition,
amusement or activity with expected attendance that at any time exceeds the lawful occupancy of
the public area of the building, the parking capacity of the site or that is not currently a permitted
use of the property in the applicable zone, that is conducted or sponsored by a person,
organization, entity or association, including but not limited to carnivals, circuses, fairs, bazaars,
outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies,
and which involves one or more of the following:
1)
2)
3)
4)
5)
6)
7)
8)
9)
the closing of a public street;
the use, blocking or restriction of Town property or rights of way;
the use of amplified sound;
the sale of merchandise to the public;
the sale or service of food to the public;
the substantial increase or disruption of the normal flow of traffic on any street or
highway;
the placement of portable toilets;
the placement of temporary no-parking or directional signs or banners;
the use of any Town services that would not be necessary in the absence of such an event
§205-2. Permit required.
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Resolution 2012-461 Board Meeting of June 5, 2012
To preserve public peace, good order and the health safety and welfare of the residents of the
Town of Southold, special events shall be prohibited in the Town of Southold, unless a special
event permit is obtained in accordance with the requirements set forth in this chapter. The
Zoning Board of Appeals office may accept a single application for a recurring event or a series
of similar events (not to exceed 6 in a 3 month period) that are of like size and scope.
§205-3. Application Requirements.
Information and material to be submitted with an application for a special event permit includes
the following:
A completed Special Event Application Form which includes the following information:
a. Name, address and telephone number(s) of the person (s) who will be organizing
the event and who can be contacted prior to and during the event by town
officials;
b. The address of the event location.
c. Proposed dates and hours of the special event, including set up and shutdown
timesi
d. Expected maximum number of persons intended to use the property at one time
and collectively, including organizers, employees, vendors, exhibitors and
spectators/participants;
Expected numbers of automobiles and other vehicles intended to use the property
at one time and collectively;
The name, address and telephone number of the person(s) who will be engaged in
the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor
Authority License and County Department of Health Services permit number for
the activity.
Name and address and cellular telephone number of any security company which
will work on the premises, and a description of the duties to be performed.
The dimensions of any tents to be utilized for the event. All tents erected in
connection with an event will require an application to and the approval of the
Building Department
i. Certification that the property where the event is to take place is not subject to any
covenant or restriction limiting its use, or if the use is restricted by easement or
otherwise, a copy of a survey or diagram depicting the easement area and any
reserved area where development rights are intact.
j. The applicant must provide a certificate of general liability insurance naming the
Town of Southold as an additional insured with limits of 2 million dollars per
occurrence or such other limit as may be required by the Town Board.
An application fee in the following amounts for each event:
a. $150.00 for events with up to 250 attendees
b. $250.00 for events with 251 to 500 attendees
c. $350.00 for events with 501 to 749 attendees
d. $450.00 for events with 750 to 999 attendees
e. $550.00 for events with 1,000 or more attendees
f. Applications that are submitted tess than sixty (60) days prior to the proposed
event may be rejected or subject to a late processing fee of $250.00.
A general description of the proposed event including:
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Resolution 2012-461
Board Meeting of June 5, 2012
a. The purpose of the event and description of the nature of the activities to be
carried on and the admission fee to be charged, if any;
b. Names of groups, organizations, charities or individuals who shall benefit from
the proceeds of the event.
A parking/event plan showing:
a. The size of the property and its location in relation to abutting streets or
highways;
b. The size and location of any existing building(s) or structure(s) that will be in
operation during the course of the event and any proposed building, structure or
signs to be erected temporarily for the event;
c. The location of the stage or tents, if any;
d. The designated areas of use for spectators, exhibitors, vendors, employees and
organizers;
e. Location of all exits;
f. The location of all fire extinguishers and other fire safety equipment;
g. The location of all temporary utilities to be installed for the event, if any;
h. The layout of any parking area for automobiles and other vehicles and the means
of ingress and egress for such parking areas. The parking spaces must allow for
300 sq. ft. per car.
i. A traffic control plan for vehicles entering and leaving the site for the proposed
event.
i. Plan for the use of live outdoor music, loudspeakers and other sounds which will
be used, if any and the type and location of speakers and other audio equipment.
k. A description of emergency access and facilities related to the event.
1. Provisions to dispose of any garbage, trash, rubbish or other refuse.
m. Location and description of any additional lighting to be utilized in conjunction
with the event;
n. Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, county or state road,
including size, location and dates of display.
ZBA Chairperson may require the applicant to send and provide certification that written
notice was sent to every property owner abutting or adjacent to the property where the
event is to be held, as shown on the current Town of Southold assessment roll, and
directly opposite (by extension of the lot lines through a street or right-of-way) of the
property that is the subject of the application. Said notice shall include the date, time and
location of the proposed special event.
Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals shall
have the discretion to waive any application requirement set forth in this Section.
§205-4. Application Review Procedure and Standards.
All applications for a special event permit must be submitted at least sixty (60) days prior
to a proposed event to the Zoning Board of Appeals office. Any applications that are
incomplete will not be accepted or processed.
When the Chairperson of the Zoning Board of Appeals determines said application is
complete, the Chairperson shall distribute said application and documentation to any
Town, County or State agencies that may have jurisdiction over the event for their review
and comment on any ofthe criteria set forthin §205-4(5) of this Article. Such referrals
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Resolution 2012-461
Board Meeting of June 5, 2012
may include the Police Department, the Planning Department, the Building Department,
the Land Preservation Department, the Code Enforcement Department, Fire Safety
Inspector and Town Attorney.
Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall
determine whether to require revisions to the proposed event application.
If no revisions are required or, upon the submission of a revised application, the
Chairperson of the Zoning Board of Appeals may deny or approve the application with
conditions.
In determining whether to grant a special event permit, the Chairperson of the Zoning
Board of Appeals shall consider the following:
a. the size and capacity of the site to accommodate the proposed event;
b. the facilities available[
c. the availability of highway and other means of transportation to and from the site;
d. Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event;
e. Need for the Town to police such event, and whether the numbers of police
officers assigned to properly police such event will prevent the Town from
providing adequate police protection to the remainder of the Town.
f. Impact of the event on fire and police protection and ambulance service to the
areas contiguous to the event and to the Town in general.
g. Impact of the event on the movement of fire-fighting equipment or ambulance
service to the Town or to areas contiguous to the event.
h. Whether the owner, applicant or event sponsor has violated a previously issued
special event permit;
i. Verification that there are no outstanding violations on the property at which the
event will be held or any outstanding or unsatisfied conditions of a town agency
approval, including but not limited to those of the Planning Board or the Zoning
Board of Appeals.
j. Verification that the grant of the permit will not violate any existing covenants or
easements on the property.
k. Whether a permit has been granted for a prior event that was the same or
substantially similar to the event applied for;
1. If two or more events are scheduled for the same date are within a half mile radius
of each other, the Chairperson of the Zoning Board of Appeals will determine if
there are adequate resources for the events. If there are not sufficient resources to
ensure public health and safety, the Chairperson of the Zoning Board of Appeals
shall deny one or more permits if the impacts of the events cannot be mitigated.
When deciding which event to deny, the Chairperson of the Zoning Board of
Appeals shall consider the following:
i. Whether the event is recurring
ii. Whether the site has been subject to a violation within the last three years.
iii.The date the permit application was submitted.
iv. If events occurred the prior calendar year, the Chairperson of the Zoning
Board of Appeals shall consider what their impact was on that area of the
Town
v. Whether the event will yield a donation to one or more local charities.
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Resolution 2012-461
10.
11.
Board Meeting of June 5, 2012
m. If an applicant is requesting a special event permit that was held the previous
year, the verification must be submitted from those charities listed on the previous
application.
n. Impacts on adjacent property owners and the surrounding neighborhood; and
o. Any other matters that relates to the health, safety and welfare of the general
public.
Any event held on property owned, leased or controlled by the Town or a Special District
within the Town, or any event where the expected attendance exceeds 1,000 people shall
be subject to approval by resolution of a majority of the Town Board. In reviewing
applications for such events, the Town Board may consider the following criteria in
addition to the criteria set forth above:
a. The size of the premises in relation to the number of people attending the event;
b. The sufficiency of arrangements made to control traffic, parking, noise, lighting
and refuse;
c. The frequency of events proposed or approved for the premises and whether the
frequency is so great that the events constitute a persistent usage of the property
incompatible with its character or with that of the surrounding area;
d. Conflicts with ordinary public use of the land or facilities involved;
e. Whether the applicant has been convicted for failure to comply with the terms of
this chapter within the past three years; and
f. Adherence to the Town Board policy of discouraging events at Town beaches and
parks from the Friday before the observance of Memorial Day until Labor Day.
For any event that is not on property owned, leased or controlled by the Town, a deposit
shall be made in an amount to be determined prior to issuance of the permit based upon
the estimated direct costs attributable to additional police and highway costs associated
with the event. After the event, the deposit will be used to cover such costs and any
monies remaining will be returned to the applicant.
For any event that is to be held on land owned, leased or controlled by the Town of
Southold:
a. the applicant must provide a certificate of general liability insurance
naming the Town of Southold as an additional insured with limits of 2
million dollars per occurrence or such other limit as may be required by
the Town Board.
b. the applicant shall pay a clean up deposit of $250; and
c. Where the Town determines that there is no specific Town benefit from
the event or that the event is conducted for profit, a deposit shall be made
in an amount to be determined prior to issuance of the permit based upon
the estimated direct costs attributable to additional police and highway
costs associated with the event. After the event, the deposit will be used to
cover such costs and any monies remaining will be retumed to the
applicant.
Notwithstanding the foregoing, the Town Board shall have the discretion to waive any
application requirement set forth in this Chapter.
A special event permit is not transferrable and shall expire at the close of the event(s) for
which it is issued.
The special event permit issued hereunder shall be displayed on the premises during the
special event and shall be available for inspection by a police officer or other
enforcement officer of the Town upon request.
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Resolution 2012-461 Board Meeting of June 5,2012
12. Applications for tent permits required for any event must be submitted directly to the
Building Department.
§205-5. Modification or rescission of permit.
If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board
determine that any of the representations and/or statements contained in the application are
materially inaccurate or any of the conditions of the permit have not been complied with, the
Town may serve the permittee's agent, a notice of rescission of special permit specifying the
manner in which the permittee has not complied with the terms of its permit and/or identifying
the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson
or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon
conditions.
§205-6. Penalties for offenses.
It shall be unlawful for any owner, occupant or their agents or any other person to fail to
comply with any provisions of this chapter or to fail in any manner to comply with a
written notice, directive or order of the Director of Code Enforcement, Zoning Inspector
or the Southold Police Department or to conduct any special event in a manner not in
compliance with a permit issued pursuant to this chapter and with the provisions of this
Code.
For each offense against any of the provisions of this chapter or failure to comply with a
written notice or order of any Director of Code Enforcement, Zoning Inspector or the
Southold Police Department within the time fixed for compliance therewith, the owner,
occupant or their agents or any other person who commits, takes part or assists in the
commission of any such offense or who shall fail to comply with a written order of the
Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall
be subject to the following:
a. Failure to obtain a permit. Any person conducting a special event that is
regulated under this chapter without first obtaining a permit according to the
procedures outlined herein shall be subject to a fine not less than $500.00 and not
more than $1,000.00.
b. Failure to comply with the terms of a permit. Any person failing to comply with
the terms of a permit shall be subject to a fine of not less than $500.00 and not
more than $I ,500.00. For each subsequent offense, violator shall be guilty of a
misdemeanor punishable by a fine not less than $500.00 nor more than $5,000.00.
No new special event permits will be issued to any property owner, occupant or their
agent if they are a named defendant in an outstanding or unresolved violation of this
Chapter.
The Town may also maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation of this chapter.
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.
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Resolution 2012-461 Board Meeting of June 5, 2012
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: DEFEATED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
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Morton Cogen
1395 Fleetwood Road Cutchogue, NY 11935
Home 631-734-8401 mort.cogen@gmail.com
Southold Town Board
53095 Route 25
P.O. Box 1179
Southold, New York 11971
Re: Comments for the record: "Special Events Law"
RECEIVED
JUN 1
Southold Town Clerk
Dear Southold Town Board:
Anytime you see the firemen, police, farm stand owners, wineries, B&B's, party supply companies and
even Democrats united in opposition over a piece of Town legislation, something bad must be
happening.
The way this onerous, heavy-handed piece of proposed legislation is written threatens both civic minded
people and the commerce of the North Fork. Food, wine and agri-tourism is who we are. No commerce
comes without some cost. Some summer traffic congestion and some loud music is the price we pay to
keep the North Fork economically and environmentally healthy. Town government should be a partner
not a hindrance. The worst infringements result from noise. Use the law we already have. But this has
all been said by many others.
MY MAIN CONCERN: Home Gatherings
Few have spoken up for RatherinRs at people's homes where people are invited by name. Individuals
occasionally use their homes for parties, political meetings and political fundraisers where people are
invited by name. All of these are threatened by this law. Occasional use of private homes for these
purposes should not be regulated. Homes do not have "site plans" and so any gathering is in danger of
breaking the law. Also, typically these gatherings are not planned 60 days in advance.
As far as parties, it is noise that is the main issue. Use the law on the books.
Are Political organizations Non-profits?
Restricting political meetings and fundraisers is particularly worrisome. Political organizations do not
operate for profit but keep in mind that political donations are not tax deductible. Therefore excepting
non-profits may or may not except political organizations, For this reasons, any law of this type should
specifically except political gatherings of "invited guests".
Let's not make a law for a problem that does not exist.
Southold Town Board - Letter Board Meeting of May 22, 2012
RESOLUTION 2012-461 Item # 5.32
TABLED DOC ID: 7888
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-461 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 22, 2012:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 24th day of April, 2012, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 205, Public Entertainment and Special Events" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public
Entertainment and Special Events" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public
Entertainment and Special Events".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent of this Article to establish procedures and requirements tbr conducting special
events in the Town of Southold to preserve the public peace, good order, the integrity of the use
regulations established under the Zoning Code, to properly provide for the health, safety and
welfare of the general public and to provide penalties for violations of the provisions herein.
It is not the intent of this article to include the following:
Ordinary and occasional use by owners of private property to host private gatherings to
celebrate family events, holidays, etc. or to raise funds for charitable or other not for
profit purposes. However, the use of residential property for profit, such as a venue for
weddings, is prohibited at all times.
The ordinary and occasional use by a special district for fundraising for its own purposes.
Such use shall be on site and have adequate parking, ingress, egress, traffic control, and
facilities to host such an event.
3. The ordinary and occasional use of a property owned by a not for profit for fundraising
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Southold Town Board - Letter Board Meeting of May 22, 2012
for its own purpose. Such use shall be on site and has adequate parking, ingress, traffic
control and facilities to host such an event.
II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows:
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Southold Town Board - Letter Board Meeting of May 22, 2012
§205-1. Definitions.
PERSON - Any association, partnership, corporation, cooperative group, trust or other entity, ag
well as an individual.
SPECIAL EVENT Any temporary gathering, demonstration, peribrmance, exhibition,
amusement or activity with expected attendance that at any time exceeds the lawful occupancy of
the public area of the building, the parking capacity of the site or that is not currently a permitted
use of the property in the applicable zone, that is conducted or sponsored by a person,
organization, entity or association, including but not limited to carnivals, circuses, fairs, bazaars,
outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies,
and which involves one or more of the following:
1)
2)
the closing ora public street;
the use, blocking or restriction of Town property or fights of way;
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Southold Town Board - Letter Board Meeting of May 22,2012
3)
4)
5)
6)
7)
8)
9)
the use of amplified sound;
the sale of merchandise to the public;
the sale or service of food to the public;
the substantial increase or disruption of the normal flow of traffic on any street or
highway;
the placement of portable toilets;
the placement of temporary no-parking or directional signs or banners;
the use of any Town services that would not be necessary in the absence of such an event
§205-2. Permit required.
To preserve public peace, good order and the health safety and welfare of the residents of the
Town of Southold, special events shall be prohibited in the Town of Southold, unless a special
event permit is obtained in accordance with the requirements set forth in this chapter. The
Zoning Board of Appeals office may accept a single application for a recurring event or a series
of similar events (not to exceed 6 in a 3 month period) that are of like size and scope.
§205-3. Application Requirements.
Information and material to be submitted with an application for a special event permit includes
the following:
A completed Special Event Application Form which includes the following information:
a. Name, address and telephone number(s) of the person (s) who will be organizing
the event and who can be contacted prior to and during the event by town
officials[
b. The address of the event location.
c. Proposed dates and hours of the special event, including set up and shutdown
times;
d. Expected maximum number of persons intended to use the property at one time
and collectively, including organizers, employees, vendors, exhibitors and
spectators/participants;
Expected numbers of automobiles and other vehicles intended to use the property
at one time and collectively;
The name, address and telephone number of the person(s) who will be engaged in
the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor
Authority License and County Department of Health Services permit number for
the activity.
Name and address and cellular telephone number of any security company which
will work on the premises, and a description of the duties to be performed.
The dimensions of any tents to be utilized for the event. Ail tents erected in
connection with an event will require an application to and the approval of the
Building Department
Certification that the property where the event is to take place is not subject to any
covenant or restriction limiting its use, or if the use is restricted by easement or
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Southold Town Board - Letter Board Meeting of May 22, 2012
otherwise, a copy of a survey or diagram depicting the easement area and any
reserved area where development rights are intact.
The applicant must provide a certificate of general liability insurance naming the
Town of Southold as an additional insured with limits of 2 million dollars per
occurrence or such other limit as may be required by the Town Board.
An application fee in the following amounts for each event:
a. $150.00 for events with up to 250 attendees
b. $250.00 for events with 251 to 500 attendees
c. $350.00 for events with 501 to 749 attendees
d. $450.00 for events with 750 to 999 attendees
e. $550.00 for events with 1,000 or more attendees
f. Applications that are submitted less than sixty (60) days prior to the proposed
event may be rejected or subiect to a late processing fee of $250.00.
A general description of the proposed event including:
a. The purpose of the event and description of the nature of the activities to be
carried on and the admission fee to be charged, if any;
b. Names of groups, organizations, charities or individuals who shall benefit from
the proceeds of the event.
A parking/event plan showing:
a. The size of the property and its location in relation to abutting streets or
highways;
b. The size and location of any existing building(s) or structure(s) that will be in
operation during the course of the event and any proposed building, structure or
signs to be erected temporarily for the event;
c. The location of the stage or tents, if any;
d. The designated areas of use for spectators, exhibitors, vendors~ employees and
organizers;
e. Location of all exits;
f. The location of all fire extinguishers and other fire safety equipment;
g. The location of all temporary utilities to be installed for the event, if any;
h. The layout of any parking area for automobiles and other vehicles and the means
of ingress and e~ess for such parking areas. The parking spaces must allow tbr
300 sq. fi. per car.
i. A traffic control plan for vehicles entering and leaving the site fbr the proposed
event.
i- Plan for the use of live outdoor music, loudspeakers and other sounds which will
be used, if any and the type and location of speakers and other audio equipment.
k. A description of emergency access and facilities related to the event.
1. Provisions to dispose of any garbage, trash, rubbish or other refuse.
m. Location and description of any additional lighting to be utilized in conjunction
with the event;
n. Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, county or state road,
including size, location and dates of display.
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Southold Town Board - Letter Board Meeting of May 22,2012
ZBA Chairperson may require the applicant to send and provide certification that written
notice was sent to every property owner abutting or adjacent to the property where the
event is to be held, as shown on the current Town of Southold assessment roll, and
directly opposite (by extension of the lot lines through a street or right-of-way) of the
property that is the subiect of the application. Said notice shall include the date, time and
location of the proposed special event.
Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals shall
have the discretion to waive any application requirement set forth in this Section.
~205-4. Aoolication Review Procedure and Standards.
All applications for a special event permit must be submitted at least sixty (60) days prior
to a proposed event to the Zoning Board of Appeals office. Any applications that are
incomplete will not be accepted or processed.
When the Chairperson of the Zoning Board of Appeals determines said application is
complete, the Chairperson shall distribute said application and documentation to any
Town, County or State agencies that may have jurisdiction over the event for their review
and comment on any of the criteria set forth in §205-4{5) of this Article. Such referrals
may include the Police Department, the Planning Department, the Building Department,
the Land Preservation Department, the Code Enforcement Department, Fire Safety
Inspector and Town Attorney.
Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall
determine whether to require revisions to the proposed event application.
If no revisions are required or, upon the submission of a revised application, the
Chairperson of the Zoning Board of Appeals may deny or approve the application with
conditions.
In determining whether to grant a special event permit, the Chairperson of the Zoning
Board of Appeals shall consider the following:
a. the size and capacity of the site to accommodate the proposed event;
b. the facilities availablel
c. the availability of highway and other means of transportation to and from the site;
d. Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event;
e. Need for the Town to police such event, and whether the numbers of police
officers assigned to properly police such event will prevent the Town from
providing adequate police protection to the remainder of the Town.
f. Impact of the event on fire and police protection and ambulance service to the
areas contiguous to the event and to the Town in general.
g. Impact of the event on the movement of fire-fighting equipment or ambulance
service to the Town or to areas contiguous to the event.
h. Whether the owner, applicant or event sponsor has violated a previously issued
special event permit;
i. Verification that there are no outstanding violations on the property at which the
event will be held or any outstanding or unsatisfied conditions of a town agency
Generated May 23, 2012 Page 51
Southold Town Board - Letter Board Meeting of May 22, 2012
approval, including but not limited to those of the Planning Board or the Zoning
Board of Appeals.
j. Verification that the grant of the permit will not violate any existing covenants or
easements on the property.
k. Whether a permit has been granted for a prior event that was the same or
substantially similar to the event applied for;
1. If two or more events are scheduled for the same date are within a half mile radius
of each other, the Chairperson of the Zoning Board of Appeals will determine if
there are adequate resources for the events. If there are not sufficient resources to
ensure public health and safety, the Chairperson of the Zoning Board of Appeals
shall deny one or more permits if the impacts of the events cannot be mitigated.
When deciding which event to deny, the Chairperson of the Zoning Board of
Appeals shall consider the following:
i. Whether the event is recurring
ii. Whether the site has been subject to a violation within the last three years.
iii. The date the permit application was submitted.
iv. If events occurred the prior calendar year, the Chairperson of the Zoning
Board of Appeals shall consider what their impact was on that area of the
Town
v. Whether the event will yield a donation to one or more local charities.
m. lfan applicant is requesting a special event permit that was held the previous
year, the verification must be submitted from those charities listed on the previous
application.
n. Impacts on adjacent property owners and the surrounding neighborhood; and
o. Any other matters that relates to the health, safety and welfare of the general
public.
Any event held on property owned, leased or controlled by the Town or a Special District
within the Town, or any event where the expected attendance exceeds 1,000 people shall
be subiect to approval by resolution ora maiorit¥ of the Town Board. In reviewing
applications for such events, the Town Board may consider the tbllowing criteria in
addition to the criteria set forth above:
a. The size of the premises in relation to the number of people attending the event;
b. The sufficiency of arrangements made to control traffic, parking, noise, lighting
and refuse;
c. The frequency of events proposed or approved for the premises and whether the
frequency is so great that the events constitute a persistent usage of the property
incompatible with its character or with that of the surrounding area;
d. Conflicts with ordinary public use of the land or fhcilities involved;
e. Whether the applicant has been convicted for failure to comply with the terms of
this chapter within the past three years; and
f. Adherence to the Town Board policy of discouraging events at Town beaches and
parks from the Friday before the observance of Memorial Day until Labor Day.
For any event that is not on property owned, leased or controlled by the Town, a deposit
shall be made in an amount to be determined prior to issuance of the permit based upon
the estimated direct costs attributable to additional police and highway costs associated
Generated May 23, 2012 Page 52
Southold Town Board - Letter Board Meeting of May 22, 2012
10.
11.
12.
with the event. After the event, the deposit will be used to cover such costs and any
monies remaining will be returned to the applicant.
For any event that is to be held on land owned, leased or controlled by the Town of
Southold:
a. the applicant must provide a certificate of general liability insurance
naming the Town of Southold as an additional insured with limits of 2
million dollars per occurrence or such other limit as may be required by
the Town Board.
b. the applicant shall pay a clean up deposit of $250; and
c. Where the Town determines that there is no specific Town benefit from
the event or that the event is conducted for profit, a deposit shall be made
in an amount to be determined prior to issuance of the permit based upon
the estimated direct costs attributable to additional police and highway
costs associated with the event. After the event, the deposit will be used to
cover such costs and any monies remaining will be returned to the
applicant.
Notwithstanding the foregoing, the Town Board shall have the discretion to waive any
application requirement set forth in this Chapter.
A special event permit is not transferrable and shall expire at the close of the event(s) for
which it is issued.
The special event permit issued hereunder shall be displayed on the premises during the
special event and shall be available for inspection by a police officer or other
enforcement officer of the Town upon request.
Applications for tent permits required for any event must be submitted directly to the
Building Department.
§205-5. Modification or rescission of permit.
If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board
determine that any of the representations and/or statements contained in the application are
mater/ally inaccurate or any of the conditions of the permit have not been complied with, the
Town may serve the permittee's agent, a notice of rescission of special permit specifying the
maturer in which the permittee has not complied with the terms of its permit and/or identifying
the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson
or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon
conditions.
§205-6. Penalties for offenses.
It shall be unlawful for any owner, occupant or their agents or any other person to fail to
comply with any provisions of this chapter or to fail in any manner to comply with a
written notice, directive or order of the Director of Code Enforcement, Zoning Inspector
or the Southold Police Department or to conduct any special event in a manner not in
compliance with a permit issued pursuant to this chapter and with the provisions of this
Code.
Generated May 23, 2012 Page 53
Southold Town Board - Letter Board Meeting of May 22, 2012
For each offense against any of the provisions of this chapter or failure to comply with a
written notice or order of any Director of Code Enforcement, Zoning Inspector or the
Southold Police Department within the time fixed for compliance therewith, the owner,
occupant or their agents or any other person who commits, takes part or assists in the
commission of any such offense or who shall fail to comply with a written order of the
Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall
be subject to the following:
a. Failure to obtain a permit. Any person conducting a special event that is
regulated under this chapter without first obtaining a permit according to the
procedures outlined herein shall be subiect to a fine not less than $500.00 and not
more than $1,000.00.
b. Failure to comply with the terms of a permit. Any person failing to comply with
the terms of a permit shall be subject to a fine of not less than $500.00 and not
more than $1,500.00. For each subsequent offense, violator shall be guilty of a
misdemeanor punishable by a fine not less than $500.00 nor mom than $5,000.00.
No new special event permits will be issued to any property owner, occupant or their
agent if they are a named defendant in an outstanding or unresolved violation of this
Chapter.
The Town may also maintain an action or proceeding in a court of competent jurisdiction
to compel compliance with or to restrain by injunction the violation of this chapter.
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: TABLED [UNANIMOUS] Next: 6/5/2012 7:30 PM
MOVER: Jill Doherty, Councilwoman
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell
Generated May 23, 2012 Page 54
Southold Town Board - Letter Board Meeting of May 22, 2012
RESOLUTION 2012-460 Item # 5.31
ADOPTED DOC ID: 7894
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-460 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 22, 2012:
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A
Local Law in relation to Amendments to Chapter 205~ Public Entertainment and Special
Events" 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 May 22, 2012, 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: Christopher Talbot, Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Generated May 23, 2012 Page 45
SOUTHOLD TOWN BOARD
PUBLIC HEARING
May 22, 2012
4:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman Albert Krupski, Jr.
Councilman William Ruland
Councilman Christopher Talbot
Councilwoman Jill Doherty
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 4:34 PM
COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day
of April, 2012, a Local Law entitled "A Local Law in relation to Amendments to
Chapter 205~ Public Entertainment and Special Events" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Southold will hold a public heating on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 22nd day of May, 2012 at 4:32
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
Chapter 205~ Public Entertainment and Special Events" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~
Public Entertainment and Special Events".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
It is the intent of this Article to establish procedures and requirements for conducting
special events in the Town of Southold to preserve the public peace, good order, the
integrity of the use regulations established under the Zoning Code, to properly provide
Amendments to Chapter 205 Public Hearing 2
May 22, 2012
for the health, safety and welfare of the general public and to provide penalties for
violations of the provisions herein.
II. Chapter 205 of the Code of the Town of Southold is hereby emended as follows:
§205-1. Def'mitions.
PERSON - Any association, partnership, corporation, cooperative group, trust or other
entity, as well as an individual.
SPECIAL EVENT - Any temporary gathering, demonstration, performance, exhibition,
emusement or activity with expected attendance that at any time exceeds the lawful
occupancy of the public area of the building, the parking capacity of the site or that is not
currently a permitted use of the property in the applicable zone, that is conducted or
sponsored by a person, organization, entity or association, including but not limited to
carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs,
marathons, bicycle races or motorcycle rallies, and which involves one or more of the
following:
1)
2)
way;
3)
4)
6)
7)
8)
9)
the closing of a public street;
the use, blocking or restriction of Town property or fights of
the use of emplified sound;
the sale of merchandise to the public;
the sale or service of food to the public;
the substantial increase or disruption of the normal flow of traffic on any street or
highway;
the placement of portable toilets;
the placement of temporary no-parking or directional signs or banners;
the use of any Town services that would not be necessary in the absence of such
an evem
§205-2. Permit required.
To preserve public peace, good order and the health safety and welfare of the residents of
the Town of Southold, special events shall be prohibited in the Town of Southold, unless
a special event permit is obtained in accordance with the requirements set forth in this
chapter. The Zoning Board of Appeals office may accept a single application for a
recurring event or a series of similar events {not to exceed 6 in a 3 month period) that are
of like size and scope.
§205-3. Application Requirements.
Information and material to be submitted with an application for a special event permit
includes the following:
Amendments to Chapter 205 Public Hearing 3
May 22, 2012
A completed Special Event Application Form which includes the following
information:
a. Name, address and telephone number(s) of the person (s) who will be
organizing the event and who can be contacted prior to and during the
event by town officials;
b. The address of the event location.
c. Proposed dates and hours of the special event, including set up and
shutdown times;
d. Expected maximum number of persons intended to use the property at one
time and collectively, including organizers, employees, vendors,
exhibitors and spectators/participants;
e. Expected numbers of automobiles and other vehicles intended to use the
property at one time and collectively;
fi The name, address and telephone number of the person(s) who will be
engaged in the preparation and/or sale of food, alcohol, beer and a copy of
the State Liquor Authority License and County Department of Health
Services permit number for the activity.
g. Name and address and cellular telephone number of any security company
which will work on the premises, and a description of the duties to be
performed.
h. The dimensions of any tents to be utilized for the event. All tents erected
in connection with an event will require an application to and the approval
of the Building Department
i. Certification that the property where the event is to take place is not
subject to any covenant or restriction limiting its use, or if the use is
restricted by easement or otherwise, a copy of a survey or diagram
depicting the easement area and any reserved area where development
fights are intact.
j. The applicant must provide a certificate of general liability insurance
naming the Town of Southold as an additional insured with limits of 2
million dollars per occurrence or such other limit as may be required by
the Town Board.
An application fee in the following amounts for each event:
a. $250.00 for events with up to 250 attendees
b. $350.00 for events with 251 to 500 attendees
c. $450.00 for events with 501 to 749 attendees
d. $550.00 for events with 750 to 999 attendees
e. $650.00 for events with 1,000 or more attendees
fi Applications that are submitted less than sixty (60) days prior to the
proposed event may be rejected or subject to a late processing fee of
$250.00.
3. A general description of the proposed event including:
Amendments to Chapter 205 Public Heating 4
May 22, 2012
a. The purpose of the event and description of the nature of the activities to
be carried on and the admission fee to be charged, if any;
b. Names of ~rouvs. omanizations, charities or individuals who shall benefit
from the proceeds of the event.
A parking/event plan showing:
a. The size of the property and its location in relation to abutting streets or
highways;
b. The size and location of any existing building(s) or structure(s) that will be
in operation during the course of the event and any proposed building,
structure or signs to be erected temporarily for the event;
c. The location of the stage or tents, if any;
d. The designated areas of use for spectators, exhibitors, vendors, employees
and organizers;
e. Location of all exits;
fi The location of all fire extinguishers and other fire safety equipment;
g. The location of all temporary utilities to be installed for the event, if any;
h. The layout of any parking area for automobiles and other vehicles and the
means of ingress and egress for such parking areas. The parking spaces
must allow for 300 sq. ft. per car.
i. A traffic control plan for vehicles entering and leaving the site for the
proposed event.
j. Plan for the use of live outdoor music, loudspeakers and other sounds
which will be used, if any and the type and location of speakers and other
audio equipment.
k. A description of emergency access and facilities related to the event.
1. Provisions to dispose of any garbage, trash, rubbish or other refuse.
m. Location and description of any additional lighting to be utilized in
coniunction with the event;
n. Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, county or state
road, including size, location and dates of display.
ZBA Chairperson may require the applicant to send and provide certification that
written notice was sent to every property owner abutting or adjacent to the
property where the event is to be held, as shown on the current Town of Southold
assessment roll, and directly opposite (by extension of the lot lines through a
street or right-of-way) of the property that is the subject of the application. Said
notice shall include the date, time and location of the proposed special event.
Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals
shall have the discretion to waive any application requirement set forth in this
Section.
Amendments to Chapter 205 Public Hearing 5
May 22, 2012
~205-4. AooHcafionReviewProcedure and Standards.
All applications for a special event permit must be submitted at least sixty (60)
days prior to a proposed event to the Zoning Board of Appeals office. Any
applications that are incomplete will not be accepted or processed.
When the Chairperson of the Zoning Board of Appeals determines said
application is complete, the Chairperson shall distribute said application and
documentation to any Town, County or State agencies that may have jurisdiction
over the event for their review and comment on any of the criteria set forth in
§205-4(5) of this Article. Such referrals may include the Police Department, the
Planning Department, the Building Department, the Land Preservation
Department, the Code Enfomement Department, Fire Safety Inspector and Town
Attorney.
Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall
determine whether to require revisions to the proposed event application.
If no revisions are required or, upon the submission of a revised application, the
Chairperson of the Zoning Board of Appeals may deny or approve the application
with conditions.
In determining whether to grant a special event permit, the Chairperson of the
Zoning Board of Appeals shall consider the following:
a. the size and capacity of the site to accommodate the proposed event;
b. the facilities available;
c. the availability of highway and other means of transportation to and fi.om
the site;
d. Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event;
e. Need for the Town to police such event, and whether the numbers of
police officers assigned to properly police such event will prevent the
Town from providing adequate police protection to the remainder of the
Town.
f. Impact of the event on fire and police protection and ambulance service to
the areas contiguous to the event and to the Town in general.
g. Impact of the event on the movement of fire-fighting equipment or
ambulance service to the Town or to areas contiguous to the event.
h. Whether the owner, applicant or event sponsor has violated a previously
issued special event permit;
i. Verification that there are no outstanding violations on the property at
which the event will be held or any outstanding or unsatisfied conditions
of a town agency approval, including but not limited to those of the
Planning Board or the Zoning Board of Appeals.
Amendments to Chapter 205 Public Heating
May 22, 2012
j. Verification that the grant of the permit will not violate any existing
covenants or easements on the property.
k. Whether a permit has been granted for a prior event that was the same or
substantially similar to the event applied for;
1. If two or more events are scheduled for the same date are within a half
6
o
mile radius of each other, the Chairperson of the Zoning Board of Appeals
will determine if there are adequate resources for the events. If there are
not sufficient resources to ensure public health and safety, the Chairperson
of the Zoning Board of Appeals shall deny one or more permits if the
impacts of the events cannot be mitigated. When deciding which event to
deny, the Chairperson of the Zoning Board of Appeals shall consider the
following:
i. Whether the event is recurring
ii. Whether the site has been subject to a violation within the last
three years.
iii. The date the permit application was submitted.
iv. If events occurred the prior calendar year, the Chairperson of the
Zoning Board of Appeals shall consider what their impact was on
that area of the Town
v. Whether the event will yield a donation to one or more local
charities.
If an applicant is requesting a special event permit that was held the
previous year, the verification must be submitted from those charities
listed on the previous application.
Impacts on adjacent property owners and the surrounding neighborhood;
and
Any other matters that relates to the health, safety and welfare of the
general public.
Any event held on property owned, leased or controlled by the Town or a Special
District within the Town, or any event where the expected attendance exceeds
1,000 people shall be subject to approval by resolution ofa maiority the Town
Board. In reviewing applications for such events, the Town Board may consider
the following criteria in addition to the criteria set forth above:
a. The size of the premises in relation to the number of people attending the
event;
b. The sufficiency of arrangements made to control traffic, parking, noise,
lighting and refuse;
c. The frequency of events proposed or approved for the premises and
whether the frequency is so great that the events constitute a persistent
usage of the property incompatible with its character or with that of the
surrounding area;
d. Conflicts with ordinary public use of the land or facilities involved;
Amendments to Chapter 205 Public Hearing
May 22, 2012
7
e. Whether the applicant has been convicted for failure to comply with the
terms of this chapter within the past three years; and
f. Adherence to the Town Board policy of discouraging events at Town
beaches and parks from the Friday before the observance of Memorial
Day until Labor Day.
For any event that is not on property owned, leased or controlled by the Town, a
deposit shall be made in an amount to be determined prior to issuance of the
permit based upon the estimated direct costs attributable to additional police and
highway costs associated with the event. After the event, the deposit will be used
to cover such costs and any monies remaining will be returned to the applicant.
For any event that is to be held on land owned, leased or controlled by the Town
of Southold:
a. the applicant shall pay a clean up deposit of $250; and
Where the Town determines that there is no specific Town benefit
from the event or that the event is conducted for profit, a deposit
shall be made in an amount to be determined prior to issuance of
the permit based upon the estimated direct costs attributable to
additional police and highway costs associated with the event.
After the event, the deposit will be used to cover such costs and
any monies remaining will be returned to the applicant.
Notwithstanding the foregoing, the Town Board shall have the discretion to waive
any application requirement set forth in this Chapter.
10.
A special event permit is not transferrable and shall expire at the close of the
event(s) for which it is issued.
11.
The special event permit issued hereunder shall be displayed on the premises
during the special event and shall be available for inspection by a police officer or
other enforcement officer of the Town upon request.
12.
Applications for tent permits required for any event must be submitted directly to
the Building Department.
§205-5. Modification or rescission of permit.
If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town
Board determine that any of the representations and/or statements contained in the
application are materially inaccurate or any of the conditions of the permit have not been
complied with, the Town may serve the permittee's agent, a notice of rescission of
special permit specifying the manner in which the permittee has not complied with the
terms of its permit and/or identifying the incorrect information supplied in the
Amendments to Chapter 205 Public Hearing 8
May 22, 2012
application. The Zoning Board of Appeals Chairperson or the Town Board may, for
good cause, modify or rescind such permit, absolutely or upon conditions.
§205-6. Penalties for offenses.
It shall be unlawful for any owner, occupant or their agents or any other person to
fail to comply with any provisions of this chapter or to fail in any manner to
comply with a written notice, directive or order of the Director of Code
Enforcement, Zoning Inspector or the Southold Police Department or to conduct
any special event in a manner not in compliance with a permit issued pursuant to
this chapter and with the provisions of this Code.
For each offense against any of the provisions of this chapter or failure to comply
with a written notice or order of any Director of Code Enforcement, Zonim,
Inspector or the Southold Police Department within the time fixed for compliance
therewith, the owner, occupant or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who shall fail to
comply with a written order of the Director of Code Enforcement, Zoning
Inspector or the Southold Police Department shall be subject to the following:
Failure to obtain a permit. Any person conducting a special event that is
regulated under this chapter without first obtaining a permit according to
the procedures outlined herein shall be subject to a fine not less than
$500.00 and not more than $1,000.00.
Failure to comply with the terms ora permit. Any person failing to
comply with the terms of a permit shall be subject to a fine of not less than
$500.00 and not more than $1,500.00. For each subsequent offense,
violator shall be guilty ora misdemeanor punishable by a fine not less
than $500.00 nor more than $5,000.00.
No new special event permits will be issued to any property owner, occupant or
their agent if they are a named defendant in an outstanding or unresolved
violation of this Chapter.
The Town may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction the violation of
this chapter.
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.
IV. EFFECTIVE DATE
Amendments to Chapter 205 Public Hearing 9
May 22, 2012
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
I have a letter from Donald Wilcenski Chairman of the Planning Board, "Thank you for
the opportunity to provide comments on the proposed amendments to the Town Code
referenced above. The Planning Board has reviewed the proposed amendments and
agrees there is a need for a more specific code on special events. However the definition
of 'special events' as drafted appears to encompass more than was intended and should
be regulated. The definitions and details in this code should be reconsidered in light of
the economic goals of the Town.' A letter from Mark Terry, Principal Planner and LWRP
coordinator, 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 it written determination regarding the consistency of the
proposed action.' A letter from Suffolk County Department of Economic Development
and Planning, 'Dear Ms. Neville, Pursuant to the requirements of sections A14-14
through A 14-25 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 determinations as there is no apparent significant
county wide or inter-community impact. A decision of local determination should not be
construed as either an approval or disapproval.' And that was from Sarah Lansdale,
director of planning and Andrew Freleng, chief planner. I have a lengthy letter from the
Long Island Wine Council. 'A local law in relation to amendments to chapter 205, to
paraphrase it, 'Last September, the Long Island Wine Council provided draft changes to
the zoning code related to permitted uses for farm wineries in AC, R-80, R-120, R-200
and R-400 districts. At that time we urged that the zoning code be updated to reflect
current New York State law and practice prior to adopting any new special events
legislation. We continue to believe that the application of the new special events rules,
based on permitted uses for farm wineries adopted some 25 years ago, may lead to
subjective and arbitrary interpretation and enforcement. As a result, we are once again
calling on the Town Board to amend the zoning rules pertaining to farm wineries before
passing any new special events legislation. Notwithstanding our concerns about the
application of the proposed law using outdated definitions of permitted uses related to
farm wineries, we find the text of the new legislation flawed in an number of areas. We
provide comments below and call upon the Town Board to re-open the task force
discussions so that these problems can be addressed to the satisfaction to all parties
concerned. Failure to do so will certainly undermine the viability of our industry and its
ability to draw tourists to the Town of Southold with significant impacts throughout the
local economy.' They had made some recommendations and that is part of the record, it
can be reviewed. I have a letter from Charles Cuddy, 'I am writing because other
commitments will not permit me to attend the public hearing on the proposed local law
amendment to the special events section of the town code. I suggest that the proposal
before you is overreaching and imposes an unnecessary burden on a large section of the
Amendments to Chapter 205 Public Heating
May 22, 2012
10
community. Its breadth would surprise both sponsors and participants in regular social
occasions. As written, it could extend to private home weddings, graduation parties and
even special birthday parties. Further, I assume these are unintended consequences. It
could embrace annual events sponsored by service clubs or volunteer organizations. By
this local law, innocent, unsuspecting parties would be caught in a web of regulation
which would require, among other things, a parking plan for a singular event by a local
resident or organization. The special events proposal should be further reviewed,
reconsidered and revised.' Charles Cuddy. A letter from William Edwards, Mattituck.
'To the Board: Because I will be out of town on Tuesday May 22 during the public
hearing on the proposed local law regarding public entertainment and special events, I
would appreciate your reading the following comments aloud and into the record at the
heating regarding the proposed legislation. From time to time, I (like many other
residents of Southold Town) have hosted small fundraising events at my home for the
benefit of political candidates or non profit causes I support. The number of people
attending these events has ranged from 25-75. Every Christmas Eve morning for the
past eight years we have hosted 40-50 guests to a private branch at our home. Since there
are usually more cars than space on my property to park them, our guests park along the
side of Park Avenue, the quiet street in Mattituck where we reside. As a courtesy, I
normally give the police a heads-up call a couple of days before the event as well as
telling the affected neighbors of my plans. When necessary, we arrange for someone to
stay on the street to direct parking so that the street is not impeded. As I read the
proposed legislation, the private events at my home would not escape the definition of a
special event under the code and I think that is ridiculous. The law dictates that I have
exceeded the parking capacity of the site as soon as a single guest has parked on the
public street and since of course, I serve food at these events, any such event I host
qualifies as a special event under the definition in the proposed code. These two
conditions alone would require that I drive to Town Hall with $250 and an outrageous
amount of paperwork per section 205-3, application requirements, at least 60 days
beforehand. I cannot believe this was ever the intention of the Town Board but that is
how the legislation roads. $250 to hold a private Christmas party?.' (I think some of this
has been clarified tonight) 'The glaring defect of this legislation is that it draws no
distinction between public and private events. Last night, I attended a dinner party in
Greenport at which thirteen people sat down to the table. According to the legislation,
our host (a person) whose parking capacity was not sufficient for the guests cars, and
whose dinner involved the 'service of food' would under this law be required to go
through the whole procedure 60 days in advance including the $250 payment and all the
paperwork. Do you really want every dinner party involving street parking by guests to
fall under your legislation? I am also concerned at the level of discretionary authority the
legislation appears to give to the chairperson of the ZBA. Many political events (from
small rallies to fundraisers) are held on private property and would qualify as special
events covered by the proposed legislation. Since we can expect that any ZBA
chairperson will be a member of a political party, the legislation invites him/her to use the
legislation to place extra burdens on applications from members of the opposite political
persuasion. I urge you to start over and next time don't use a shotgun where a BB gun
would better serve. This is sloppily written legislation and the town deserves better.
When I first heard of the special events task force, I dispatched an email to Supervisor
Amendments to Chapter 205 Public Hearing
May 22, 2012
11
Russell offering my time and experience toward the project. That offer still holds.' And
that was fi.om Bill Edwards. And then we have just a short environmental assessment
form and that is it.
SUPERVISOR RUSSELL: I am just going to, I know there is going to be a lot of show
of hands, I will try to get to everybody. But what I am going to start on this side and then
work my way over ifI can. Who would like to go first?
EDWARD BOYD: Edward Boyd, Southold, New York. I am going to limit my
comments to one particular group of potential permitees and that is the fire district or the
fire departments of this town. I appreciate what this Board has done with regard to the
intent aspects that were added sometime during the day to the proposed legislation.
However, the intent does not erase some of the comments that appear in the body of this
legislation, I am concerned that we have a split, a dichotomy between the intent and the
wording of the legislation itself. If it is truly the intention of this Board to obviate the
necessity for fire districts and fire departments to apply for permits, may I suggest that
you simply state that as the language of the law, as opposed to having it veiled as an
attempt? It would be a very simple thing to do, simply say this law shall not apply to fire
districts and fire departments. Leave it at that and we are out and we can go home. Any
questions on my comments?
COUNCILMAN KRUPSKI: The wording in the latest draft that I have, it says it is not
the intent of this article to include the following, now, I am not a lawyer so I am going to
defer to our lawyer. Is that, isn't that clear enough? Or is it clear enough?
TOWN ATTORNEY FINNEGAN: For your intent, it clearly states the intent. I think
the intent is not to regulate every event that happens at a fire house or within a fire
district. There was a discussion by the Town Board of maintaining the ability for very
large events in the town that require closing of roads, you know, that type of thing, to be
able to review them. Any event in the special district realm comes under the Town Board
review which is a streamlined process similar to what everybody has done in the past.
The same, write in a letter and it is not the same review that goes under other special
events at other locations. That amendment was made with the intention of not requiting
special districts or fire districts to come in for every single event that occurs on the
premises. And the amendment today to the intent was meant to further clarify that the
occasional, ordinary event that you have. I understand what you are saying in terms of
that the intent is not the law, it is a matter of interpretation of the law but that is what the
intent is of the Board, it is not to bring in and require fire districts to come in every
weekend, every time there is a gathering at the fire house.
MR. BOYD: Then if that is the case, why cannot we simply say that in the law rather
than rely upon the intent of this Board and then perhaps another Board which might come
in, in a year or two and another Boar that might come in after that? Let us simply put in
the law that this shall not apply to fire districts.
Amendments to Chapter 205 Public Hearing 12
May 22, 2012
TOWN ATTORNEY FINNEGAN: I think the concern is that that exempts every
conceivable, there is never, and if there is a very large event...
MR. BOYD: Then spell that out.
TOWN ATTORNEY FINNEGAN: Well, that is what's in the, in the town owned
property ....
MR. BOYD: It's not town owned property, it is special district owned property.
TOWN ATTORNEY FINNEGAN: I know but it is subject to the same criteria of events
on town owned property.
MR. BOYD: Different sections, I believe.
TOWN ATTORNEY F1NNEGAN: So it's not the same application requirement, it is a
different process for the special districts.
MR. BOYD: So it is the intent of this Board to still maintain control over the fire
districts for what they do on their property?
SUPERVISOR RUSSELL: Actually, no it is not. It is the intent of this Board to listen
tonight, to take all of the recommendations, and discuss them. We are here for public
input.
MR. BOYD: Okay.
SUPERVISOR RUSSELL: I think there has only been a few occasions in the past where
the fire departments have had to get a permit from the town and you have always
complied. This doesn't change...
MR. BOYD: Of course.
SUPERVISOR RUSSELL: This doesn't change what you have done, with regard to tent
permits, with regard to road closings and insurance issues. We always have worked well
with the fire deparUnent. This doesn't bring anything new to the table with regard to our
relationship with the fire department. However, we are here to listen...
MR. BOYD: It does in terms of the application fees.
SUPERVISOR RUSSELL: Actually, the Town Board has the authority to waive all fees.
MR. BOYD: That's the thing, the Town Board has the authority to waive but there is no
guarantee that they are going to do it. So there are changes, there are considerable
changes.
Amendments to Chapter 205 Public Hearing 13
May 22, 2012
SUPERVISOR RUSSELL: Then what we will do is we will listen to what everybody
has to say and we will take that as advice and direction.
MR. BOYD: I think the simplest thing to do is to exempt the fire districts and the fire
departments from the broad aspects of this law. Then everyone would be happy and well
served.
SUPERVISOR RUSSELL: Who would like to be next? Pete?
PETER HARRIS: Peter Harris, 212 Knapp Place Greenport. Judge Boyd, I believe one
of the reasons the Town Board has hedged on what you were requesting as far as a
blanket dismissal of us fire districts having to be accountable and I believe one of the
concems is Greenport Fire Department sponsors a bike event and approximately 1,000
bike riders and I can understand the Town's concern, I can understand the police
departments concern but Greenport Fire Department is not the only venue that, there are
multiple bike events throughout the year in Southold Town, there are tfiathlon's, many
other things that there are a multitude of participants. But that, just to make the record
straight, I believe that is why the Town Attomey and the Town Board's hedging is the
fact that an event such as the one that Greenport Fire Department is going to be
sponsoring this year. Thank you.
COUNCILMAN KRUPSKI: Pete, I don't think it was hedging, I thought when it said
intent, that was our intent. I don't think that was hedging and as far as the bike race goes,
on the agenda tonight there is a request from the Cutchogue Fire Department to close five
roads down for a 5 K run and that is pretty standard practice, that someone has to come in
to the Town Board to get permission for a road closure and the bike race, it doesn't
matter, they have to get permission for the town roads whether it is the fire department or
anyone else. That is not fire department property. I think that is apples and oranges, for
the bike race.
MR. HARRIS: I totally understand that, A1 but the point I am trying to make is that you
know, whether it is a barbecue, a carnival, which it is located you know, it is not on a
road, okay? The event that, one of the events that Greenport is sponsoring has to do with
users on town roads and that is the aspect why you know, when Mr. Boyd asked for that
general across the board, I know from having discussions with you up on the dais about
this, this is one of your concerns. That is my only point.
SUPERVISOR RUSSELL: Who would like to go next?
ED HARBES: Good afternoon, my name is Ed Harbes from Harbes farm in Mattituck.
Could you clarify the position on this ordinance would have on harvest, vegetable
harvest events such as you pick strawberries or apples or pumpkins that might attract
several hundred people?
SUPERVISOR RUSSELL: They don't have any, doesn't have any bearing on the direct
sale of produce, it has never come under the aegis of the special events legislation. And
Amendments to Chapter 205 Public Hearing 14
May 22, 2012
this will not change that. The direct sale of produce is not part of the aegis of the special
events legislation. It would, however, extend special events allowances to other
agricultural operations besides just wineries. We believe that special events should be
part of the economic engine of all the agricultural industries, we have one in Cutehogue
that is operating very well right now. We are trying to include as many people as
possible. But that I believe, is direct sale of agricultural product that is not regulated by
this law or any other law.
MR. HARBES: Okay. Thank you.
BILL MOORE: That goes without saying, of course, you are going to rework on this
thing and republish it and folks will be back again, so I won't address the scope because
that has been talked about quite a few times. By the way, Bill Moore, 51020 Main Road
Southold. In reading the local law, I was intrigued by and appreciating the idea of using
a single person to be the review person. I understand the idea of making it rather
streamlined, I have never seen anywhere it be a zoning board member as the way to do
that. Zoning Board's are creatures of state law, operating and using and implementing
and interpreting and enforcing the town zoning code. So I question whether or not that is
an appropriate use ora particular named person on the Zoning Board of Appeals, that that
is an appropriate position to use. If you feel comfortable that it is and I didn't do a lot of
time researching it, never having seen such a use of that Board or a person fi.om that
Board, if that is something you are comfortable with, having given all that discretion in
the list of criteria, I would recommend that you consider an appeal process, short and to
the point. And we have it within our code in other places where the Town Board acts as
the appellate body for another persons decision, where discretion is left in there. So you
might want to consider that. Lastly, it seems to be a new trend in various sections in our
code and that is linking charges or violations or alleged violations to prohibiting you to
get a permit under the present law. And I am referring to 205-6, in this case it's
subdivision C. The Trustees have a similar thing. If they say you have got a violation on
another piece of property, you, your agent, your applicant or your contract or what have
you, is precluded fi.om seeking a permit approval or such on another piece of property.
The problem, as clever as that is, the problem with it is when a person is facing a charge
and challenging it and saying, hey, I disagree, I don't think I violated that provision of the
code, if I am the ABC marine contracting company for example and my property is in
Cutchogue, I have got 5 more applications in Mattituck, I want to plead guilty simply to
move along. The same kind of penalty provision is put here, if I am challenging, if a
client is challenging whether or not a violation is taking place, in the meantime, they
can't go and get an application to prove through the law. I don't think you want to be
putting people in that position because when they do plead, it is under some kind of
duress because they have to move along. It is not an intelligent, informed plea and the
judge may understand what I am referring to in that respect. Those are the basic
comments and I thank you for your time.
SUPERVISOR RUSSELL: Thanks. But let me just say, I think the appellate notion, the
function of this Board is actually an excellent idea but just to clarify, the Zoning Board of
Appeals chair has been the person that has been processing these applications in this
Amendments to Chapter 205 Public Hearing 15
May 22, 2012
legislation long before any of us sat on this dais. It has been part of the special events
legislation passed prior to me, I think the previous Board passed that ifI am not mistaken.
MR. MOORE: Inaudible. But I question that as well.
SUPERVISOR RUSSELL: Fair point, thank you. Who would like to go next?
SALLY KAHN: Good afiemoon, my name is Sally Kahn, I am resident of Southold, the
Bayview area. I am glad to see that you did put a new preamble on the legislation
because it was extremely broad. However, I still have very many questions of the
preamble. For example, what is ordinary and occasional and who defines it? Could it not
be subject to different definitions by different Boards at different times? Secondly, you
do not mention anywhere political. So if a private person is running a party for say a
political candidate and raising money for a candidate, is that part of their own purposes?
Secondly, if you look at the special districts and the not for profit properties, you say for
their own purposes. Well, how about when they are renting? If Southold Historical is
using Founders Landing, it is not for Founders Landing own purpose, do they have to
come and get permits and go through that whole process? Does someone renting
Founders Landing for say a christening or an anniversary party have to do the same
process or let's say a political organization is renting private property or a non profit is
renting private property, do we then go into the whole permit process? I don't think any
of this is clear in your legislation and frankly, I am afraid, particularly in certain areas
that you know it is going to interpreted in different ways at different times. And I think it
should be more specific than it is. In addition, I would like to see some clarification and
discussion of politics, of political candidates and political campaigns because when you
have set up a process of permits and health department and buildings depadment for tents
etc., you are setting up a process that might possibly interfere with political speech. I
think you have to be very careful. So I would like to see some further discussion and
revision of the legislation. Thank you.
COUNCILMAN KRUPSKI: Thank you.
SUPERVISOR RUSSELL: Let me just clarify, with the other issues are fair points to
raise, which would be the Southold Historical Society operating at Founders, I understand
all that. Just from the political point of view, we had actually when we included
charitable or other not for profit purpose, we had meant to be all encompassing since
fundraising efforts for political candidates have to be not for profit as a matter of election
law. Go ahead, Steve.
STEVE BATE: Thank you, Scott. I am Steve Bate, I am executive director of the Long
Island Wine Council and I was going to start by thanking you, Supervisor, for the
opportunity to participate in the special events task force last year. And also to Town
Attomey Martin Finnegan for conducting the discussions in such a balanced and
productive manner. However, I have to say that after looking at the text that emerged, I
really don't think that the task force has finished its work yet. There were a number of
issues, a number of key issues that were discussed that were not reflected in the text and I
Amendments to Chapter 205 Public Heating 16
May 22, 2012
know that you tried to address some of those this moming. For example, we did spend a
fair amount of time on possible exemptions, including non profits and marketing
activities that could be considered normal business operations. From the wine industries
perspective, we urged that the zoning rules related to farm wineries be revised at the same
time so that the laws referenced permitted uses would rely upon an updated
understanding of what wineries are allowed to do in the course of normal business
practices. Without this change, the draft law still uses a definition that is really sweeping
in its scope. And I think we can all think of examples of events that requires some kind
of oversight by town officials. Clearly they include large public events that create
significant traffic problems or risks to residents safety and welfare. But a small event at a
small venue like a winery or a farmstand, with the outdoor space to accommodate a
reasonable size group should not be lumped into this definition by virtue of their building
capacity. Under the current definition, marketing activities that might draw 30 people
and really should be considered normal marketing, will be treated the same as an event
with 250 people. Not only does this discriminate against smaller businesses but it can
seriously undermine their viability. And I really don't think that was the intent of the
task force discussions. So we make some, we provided a paper this morning which
makes some suggestions for changes to the draft law which would limit its application so
that town officials can really concentrate on those events that truly pose risks to public
peace, good order or the health, safety and welfare of residents. Beyond a narrower
definition of special event, we also suggest some changes to the permit requirements, for
example, we appreciate that the text allows for a multiple event permit but we don't think
it should be arbitrarily set at only six in a three month period. Once again, it depends on
what you actually consider to be an event rather than a normal marketing initiative.
Rather than try to interpret each activity, we think you should consider a seasonal permit
that provides some flexibility for businesses while still giving the town for an opportunity
to review contingency plans for large attendance and noise levels. We also have
significant problems with the permit fees which we really consider to be exorbitant,
especially if you are going to include small marketing events at smaller wineries. Despite
what people seem to think, there are very tight margins in our industry. When you add in
the cost of an event, including staffing, product costs, advertising, etc., the fees involved
will probably make many activities at smaller venues unprofitable, especially if they are
not planned 60 days in advance. We would urge that the whole fee structure be revised to
reflect economic realities and certainly triggered at a much higher attendance threshold.
We have similar concerns about the time frame for review. In the current text there is no
time limit suggested for the process to be completed. Events obviously need promotion
to have any chance at success. If someone proposes an event with 60 days notice but
approval isn't received until 10 days before the date, it is basically a de facto rejection
because there just won't be enough time to do it right. So we call for approvals within a
reasonable time frame and if not, the application fee should be refunded. In fact, we
believe if a business thinks that they don't have enough time or that the conditions
applied to the event will compromise its success, they should be able to withdraw their
application and receive a full refund of the fee. The text also allows the ZBA chairperson
the authority to decide which events will be allowed to take place if there are multiple
applications within a half mile radius. Once again, this is going to be highly dependant
on the definition of a special event. Obviously we can think of examples large events
Amendments to Chapter 205 Public Hearing
May 22, 2012
17
that might require that kind of choice but many of our wineries are located within 500
yards of each other. If their marketing activities are defined as special events, are you
really going to pick and choose which get to happen? There really should be an
attendance threshold attached to this provision as well. And as has been said, we also
noted that there were two places in the text where the permitting process can be waived
by either the ZBA chairperson or the Town Board. Although this may be an important
option to have, it is also a recipe for subjective enforcement. We believe that there
should be some guidelines provided so that whenever possible, businesses can try to plan
their events accordingly which will reduce administrative burdens for them and the town.
And then finally given the uncertainty in the definition about what really constitutes a
special event, we are very concerned that the town will be able to impose a $1,000 fine if
it retroactively considers a marketing activity to be a special event. So this is just a quick
summary about some of the concerns we have about this draft text and there is no
question in our mind that it really does need some work before it can become law, so we
urge you to reconsider or maybe reconvene the special events task force so that we can
try to resolve these issues and end up with something that we can all live with rather than
something that will create considerably confusion at best and at worst, discriminate
against smaller businesses and seriously undermine our ability to provide jobs and
contribute to the local economy. Thank you.
BARBARA SMITHEN: I am Barbara Smithen, I live at 2600 Oregon Road in Mattituck.
I own Sherwood House vineyards. I just have a quick question, I have been dealing with
the town for about 1 ½ years on my own thing and it is a very slow process. I would like
to know with 56 vineyards, how, when there are people on the ZBA that have other
businesses that they have to run, how are they going to handle all of these applications in
a timely manner? I just don't, like really? I mean how are they going to get it done?
SUPERVISOR RUSSELL: They have been doing it right along. A lot of this process is
already in place. And they ....
MS. SMITHEN: But now we have 56 vineyards that want to do an event every other
weekend...
SUPERVISOR RUSSELL: Very dedicated people.
MS. SMITHEN: It is a lot.
SUPERVISOR RUSSELL: It certainly has been and they have been doing an excellent
job keeping pace with the applications that have been coming in. This is a review
process that already is more or less already in place. They have managed to get it done.
Benja, you had your hand up.
BENJA SCHWARTZ: Good afternoon, Benja Schwartz, Cutchogue. Scott, first you
spoke about there was a successful operation in Cutchogue, when you were talking before
you mentioned something about successful operation in Cutchogue. I don't know what
you were talking about, some vineyard or?
Amendments to Chapter 205 Public Hearing 18
May 22, 2012
SUPERVISOR RUSSELL: I honestly don't remember.
MR. SCHWARTZ: Alright. It was something you said. I think we should support wine
tastings at wineries. I put that in quotes, wine tastings. Because we are obviously not
talking about just people coming to taste some wine, but something more than that.
however, we can't support that if it is causing destructive impacts on the public health,
safety and welfare. There is a saying in the law that bad cases make bad law and not that
this is not a very fine attempt to make laws for the whole town and the future but I also
think there is some kind of, that perhaps the situation in Cutchogue at Route 48 vineyard
maybe was part of the motivation for this. And I think that could be addressed more
directly. Another example in Cutchogue is the Peconic Bay vineyard which has special
events all the time. I don't think they have been getting permits but they have designed a
tasting room where they put amplifiers and they amplify the music, I like the music but
when I am trying to get in or out of King Kullen, the way the traffic is these days, I really
don't appreciate the bass notes especially. And I think the Southold Town police
probably have authority to go there without any reference to the noise law and tell these
people to stop because they are causing a traffic hazard. So I think that a lot of this, at
least the immediate, we should look for ways to do this without unduly overbroad
legislation but I also appreciate and approve of the town trying to create legislation that
will guide the future development of Southold Town. I think we have a long way to go
and I don't think it is going to happen if we just leave it to the Town Board. It is great to
see this meeting room filled tonight but I have been in here on most nights, there is
nobody here. And while there are people that have participated in task forces or the
special events, whatever it was called, the committee, special committee, you know,
there are many ways that this town government could be interactive and could benefit
from the intelligence in the community if it wanted to. Thank you.
SUPERVISOR RUSSELL: Who would like to go next?
JOE GERGELA: Good evening, members of the Board. My name is Joe Gergela, I am
executive director of Long Island Farm Bureau and I am an old Polish potato farmer. My
mother used to tell me a saying, Mama get the hammer, there is a fly on Papa's head. I
think sometimes that my experience with government over, this is my, I am entering my
25th year wit the farm bureau. I ccatainly appreciate and applaud the Board's effort to
come up with some mechanism to control some of the problems that are at least
perceived, some are reality in certain neighborhoods etc., etc., with noise and outlandish
behavior and all of that. I am basically here because the Farm Bureau and the Wine
Council, we are pretty much one in the same in that their members are my members and
we also represent the entire spectrum of agriculture here on Long Island. We represent
over 4,000 families. Steve did a fantastic job in outlining the council's concems very
specifically point by point. I just wanted to ask a couple of things or suggest a couple of
things. First of all, because them is a lot of people interested in this, I wanted to ask the
Board to keep the heating open a little while to make sure that you are going to listen to
all the points of view. So I appreciated your comment Supervisor. Second area of great
concern is financial impact. Just a little while ago, I was in Suffolk County, down in
Amendments to Chapter 205 Public Hearing
May 22, 2012
19
Melville with Kevin Law and different people that are involved with the economic
development committee of the governor and a couple of people came up to me and said
oh, this is a job breaking proposal in Southold, you are going to have fun there this
afternoon. And that is the perception island wide by the economic development leaders
of the island. They are concerned, we want to make sure that small business is going to
be successful and viable. So the fee structure, I personally looked at it, I have had some
discussion with some of the Board, I am a little concerned about the fee structure, I do
think that you need to take a look at that or need a sliding scale or something. We don't
want to hurt the small guys. I will just pick a hypothetical, Waters Crest, everybody
knows Jimmy Waters, he does a great job with his business. We want to make sure that
guys like that are not going to be inundated with fees, permits, etc. etc. So what I am
asking is for a little time to work with Marty and the Town Board to further take this to
make it a little bit softer for the industry. I don't think anybody you know, we all get
why you need to have something to protect the citizens of the town but at the same token,
it needs to be a little bit more balanced to not hurt industry. So that is really all that I
wanted to say and I thank you for the opportunity, Supervisor and members of the Board.
Thank you.
DON SAYRE: Don Sayre, Southold. Just to get back to the point of fire districts and
fire departments, please, just be specific. Exempt fire departments, exempt fire districts.
We shouldn't even be here. Thank you.
PATRICIA MOORE: Good evening, Patricia Moore, 51020 Main Road Southold. Since
this law is going back for reconsideration, I won't go through the entire text with all my
comments. I think generically I would say that the applicability of this law, I think you
have heard over and over is just too broad. My concern just with your intent alone when
you revised it, you added a sentence which I think undermines the wineries and other
entities that have weddings because you say however, the use of residential property for
profit such as a venue for weddings is prohibited at all times. It is one little sentence
tucked in there that undermines the whole permit process that the vineyards would be
going through. So I don't like to see, I am sure that is not what you intended, I think what
you intended was a homeowner that is running a wedding venue but that is not the way it
reads and I think it could be misapplied. So I would ask you to please look at that, your
intent even your intent needs to be reworked. The Wharf House and the park district, I
think equally has issues because even any wedding that occurs there during the
summertime, you have the park, you have the beach goers and then you have the
weddings that are occurring at the Wharf House, always ends up with some form of
parking and the need for additional parking. Whether it is the venue that is parking on
the grass, the lawn at the park district, which then triggers the beach goers to park in the
street, there is an interrelationship there, so if you are going to exclude the fire districts, I
would suggest you also exclude park district as well. I am a, I live right around the
neighborhood and I understand where the neighborhood, it helps keep our park district
taxes low to have the park district provide for activities and it is also a benefit to the park
district members to be able to use that venue. I have had lots of children's parties and a
wedding that will be there so, I don't want to see this law be applicable to the park
Amendments to Chapter 205 Public Hearing 20
May 22, 2012
district as well. So please go back, rework this law, I am sure you will hear from after
you have reworked it but right from the beginning, this was overreaching. So, thank you.
SUPERVISOR RUSSELL: Would anybody else like to comment?
STEVE MUDD: Good afternoon, I am Steve Mudd, I am a farmer on CR 48 in
Southold. There are a lot of things that are disturbing me about this legislation, as well as
a lot of people in this room this evening. It seems to me that what is happening in
Southold Town and I surely could be wrong, it seems to me that the Town Board, this
and previous Boards ahead of this Board, have, maybe not intentionally, but have
segregated different types of growing on the eastern end of Long Island and I have huge
difficulty with that. I believe it is of the mindset of a lot of people not necessarily
exclusively on the Town Board that a grape grower is not a farmer and I want to debate
anybody that has that mindset but that is as far from the truth as that can be. But yet we
have two sets of rules for grape growers and conventional farmers which is, again, most
confusing to me and it surfaced here again this evening and then this legislation that
farmstands, not wineries, but farmstands are exempt from this code. And I spoke with
one of the Board members about this and they told me that the reason that that was the
reason was because Ag and Markets defines hayfides, pumpkin picking, corn mazes,
everything that conventional farmers, in most people's mindset what is a conventional
farmer again is acceptable and it is exempt from this provision that we are talking about,
this new code. I take that as a personal insult. I would recommend to this Board, like
most codes or provisions that are under consideration surface is that there is some
problems with certain entities or whatever the reason that this has surfaced and it wasn't
just in the past six months, we know that you guys have been working on this for a
couple of years and we respect that, I am not challenging the need for that. but that being
said, we have a brand new law in this town, a new noise ordinance code that got
implemented, I don't know exactly when but I don't believe that we have gone through a
full season and the season being defined for everyone that is in this room is a summer
season when our traffic is quadrupled or what have you. I would recommend to this
Board to seriously implement and to try for one growing season how well this new
decimal code requirement is or is not going to work. We haven't even given it a shot yet.
The main reason everybody is in this room is because of certain businesses that probably
wouldn't be considered right neighborly. Again, that is because of additional noise or off
road parking or etc. I talked to Joe Gergela pertaining to this and you know, I am not a
farmer, I am a grape grower but we grew a lot of crops before this, so I am a farmer, I am
not a grape grower. I am a farmer. Everybody that grows grapes is a farmer and I just
fear that this town is maybe not intentionally but it appears to be somewhat repetitious
that we are separating commodities on Long Island, on the eastern end of Long Island.
And I am telling you guys, don't do that. Don't do that. That is the rudest thing you can
possibly do. I can remember when I was just a farmer, before I became a grape grower, it
was cattle sheep. We did away with that cattle and sheep when we had (inaudible)
stopping this town from trying to shove five acre zoning down our throat. And I remind
this Board respectfully, not disrespectfully but respectfully, we had no support from any
Board member at that time and it was public support that came out and supported our
mission and we stopped that crappy law. Which I am hoping that we can make amends
Amendments to Chapter 205 Public Hearing
May 22, 2012
21
on this one. We need this. I am not challenging that we need this but to go to the
wineries, the grape growers, not the farmers is totally unacceptable. I would encourage
the Board to implement the new law that hasn't even had one season under its belt yet,
maybe that is going to resolve a lot of these issues, in all fairness I am asking you to
implement that. you have had numerous requests to keep this public hearing open. I see
a lot of head nods up there, I can only hope because I am familiar with the law, at the
time the Supervisor puts the anvil down and says are there any more public comments
and the answer is no, you guys can vote on that. I am asking you to do the right thing
today, do not vote on this and let's go back to the table. Thank you.
SUPERVISOR RUSSELL: Who else would like to come up and address the Town
Board on this particular issue? Please.
SAL DELLAPRIETO: Good afternoon, my name is Sal Dellaprieto, I am secretary of
the Long Island Wine Council and vineyard and winery owner in Jamesport. I thank you
for the opportunity to speak. I certainly want to join in the comments on those people I
heard that talked on the behalf of the fire districts and say that they should be exempt.
And I will go one step further and say that I don't think anybody would have any
problem with this law if we just exempt all businesses and individuals in the Town of
Southold and that may seem facetious but it is no more facetious than this law. I was
wondering to myself who put this law together and drafted it? Is it someone who has
been living in this world and on this planet for the past several years? You know we are
going through the worst economic times in the history of this world since the great
depression over 80 years ago. Is this really the right time to come in and pass legislation
that is going to put more of a financial burden on the businesses and especially the
wineries on the east end? Is this the time to pass a law that is undoubtedly going to lead
to further unemployment on the east end of Long Island? And lastly, is this the time to
pass a law that is guaranteed to diminish, reduce and perhaps cause a slow death to the
Long Island wine industry? And I guess the answer to that question probably lies in
everyone's opinion of the Long Island wine industry. And I wonder to myself, if the
Supervisor and the members of this Board if they believe, I have one question, do you
believe that the Long Island wine industry is an important past of the economy of the east
end of Long Island? If you do, you can't vote for this law. If you don't, it's a shame.
Because everyone who knows, points to the Long Island wine industry and the
farmstands, they call it the economic engine that drives the economy of eastern end of
Long Island. You want to take that economic engine and take off its wheels. Knock it
off the tracks. What were you thinking? What were you thinking? I implore you, as Mr.
Mudd did, not to vote on this, to go back to table and to work on something or to just not
enforce it, not look to develop the law at this point. Enforce the laws that you have. If
you have individual situations that disturb the town, enforce the law as so far as those
situations are concerned. But don't, as somebody said, Joe Gergela said, don't think
there is a fly on somebody's head and try to hit it with a hammer. Thank you for your
time.
RICH OLSEN HARVICK: Good afternoon, my name is Rich Olsen Harvick, I have
been working in vineyards and wineries for about 30 years. I live in Mattituck, I pay my
Amendments to Chapter 205 Public Hearing
May 22, 2012
22
taxes, raise my family, earn a living in the wine industry. It's what I have done my whole
life. And I work for Bedell Cellars, I make the wine there fight now. And we pay our
taxes, too, just like every other winery and vineyard that is sitting in this room and they
do it pretty much gladly. I want to thank the Board for the work that you put into, I know
this is not easy, this is a difficult task to try to figure out. And work for really the town's
benefit. It is not exciting sometimes and it is drudgery, I know that. But this is our
livelihood that we are talking about. This is my livelihood that you are talking about and
the company that I work for and my friends and other people that work in this industry.
This is a law that seems to be trying to pinpoint something specifically yet is trying to do
that with a paint roller, rather than a small artist brush. When you have a special event
defined as 0 to 250 people, I don't to be about you but I don't want to be at that one that
has 0 in it.
COUNCILMAN KRUPSKI: That should be 1 then.
MR. OLSEN HARVICK: Yeah, I mean, what kind of event is that anyway? So
according to this law, if one person is there and wants to buy a local oyster from a local
acquaculture farmer who happens to be in a family that can grow oysters, is that going to
be something that you will turn down? We have people that are serving food, yes.
Frankly, I think that people on the north fork would like to have a different experience
than just sitting in a restaurant, being waited on, sitting at a table, that is all fine and
dandy but we have young people here trying to start businesses, trying to earn a living,
trying to be entrepreneurial, one of them makes pizza out of a truck. Some others grow
oysters out of our local waters. Are we going to give them a hard time? We wonder why
young people don't want to stay here and try to make a living and try to raise their
family, we wonder why they are running off and not sticking around. How the hell are
they supposed to make a living when you can't even do what they are trying to do? Is
this where it is going? I really want to question that. so I don't mean to be contentious
here but I am just raising some points after looking through this legislation, I want to
remind everybody and I want to remind the Board that the farm/winery legislation that
was started in 1976 was put together with the intention of allowing special events for
wineries to do. It was never the intention of the farm/winery legislation to just limit
wineries to sell wine and taste wine. Never was the intention. The policy makers and the
people in Albany and the stakeholders that were involved in drafting that legislation
knew that the margins were too slim, that the competition was too stiff, that it was too
difficult just to allow that and not anything else to happen. Upstate wineries can have
restaurants, hotels, food service. They bend over backwards for this kind of economic
development. And as my friend Sal said, in this economic climate, is this really what we
are trying to do here? During these times? We are trying to downsize wineries because
let me tell you something, it looks like it is a great, like piles of money are rolling in but it
is a difficult business, just like any other farming. And that is right, we are farmers.
Because we are at t he mercy of the weather, we are at the mercy of every season, we
have no control over it. So if you think we are making money hand over fist, I would
correct you. Have we been successful in doing what we want to do? Yes. I think we
make a great product but it is difficult. We need to have the flexibility to do occasional
special events. It is part of what the law allows. It is part of what the original intent of the
Amendments to Chapter 205 Public Hearing
May 22, 2012
23
state law allows. And yes, there have been some problems with local businesses and I
agree with your intentions to try to correct them. I think many of us in the industry do,
we like to be a part of that solution. I would be happy to volunteer my time to try to help
you do that. however, the way this legislation is written now, way too broadly written.
You are not going to, you are going to try to correct a problem by erasing some of the
good parts of all of this. Erasing some of the positive benefits that the wine industry
brings to this region. Every time there is an event, every time there is a wedding there is
literally hundreds of jobs that are created. Every thing from landscaping, electricians,
plumbing, florists, hotels, restaurants, rehearsal dinners, places for them to stay. Have
you realized what is going on here? Caterers, lighting, decorators, they are all local
people. We have an event at Corey Creek on Tuesday nights where we have it open for
the general public and we have pizza. You know who goes there? Local people. That is
who I see there. I see all my friends, I see contractors, I see service people, I see local
people anywhere from 12 to 90 years old because they don't want to go to the wineries
on Saturday, I don't blame them. It is too crazy. It is too busy. I don't want to go either.
Does Riverhead Town have these kinds of restrictions? I just want to remind the Board
about that. is this what we are going to do? Keep the business in Riverhead Town?
Because that is where this is going also. By doing this we are going to restrict the ability
of wineries to earn a living, if this does happen I hope you clearly consider reassessing
because fi.om the amount of taxes we pay, it is going to be hard to keep doing that. jobs
are going to leave, young people are going to leave and I think we can have a little bit
smarter approach. So I would urge the Board to follow my friends advice to not vote on
this. Let's try to work this better, we deserve better, the town deserves better. You can do
better. Thank you.
BRETT KEHL: Brett Kehl, Main Road, Greenport. As much as this law affects the
wineries and all the businesses, I think the Board has to look at how it is going to affect
Boy Scouts, Girl Scouts, cheerleaders, ROTC, sports groups, Little Leagues, having a
fundraiser anywhere, you know, you are going to limit them. They are going to be
paying out their profit right away. And one of the other things to think about is who is
going to enforce this? This is a 7 day a week job and I know you have police, but what
are we going to do? Say now we are going to take the police and just say, okay, you go
around and make sure everyone has permit? I mean, that is another job we have got to
create. So I mean, in this economic times, now we are going to throw another one or two
people onto the payroll just to check for permits. So I think we have to look at
everything, you know, (inaudible) to every little aspect of this. So, thank you very much.
MARIE DOM1NICI: Marie Dominici, Mattituck. I stand before you as a taxpayer, not a
farmer and just a member of this community and I want to tell you that from a personal
observations, I live 2/10ths of a mile from Harbes farm and I live across the street from
Macari Vineyards. They have been good neighbors. I have no complaints. The one thing
I would say in putting this legislation together, let's not bastardize the community or the
bad, you know, things that are coming on by a few, a small few in this community. So
you know, if I had concerns I would tell you. But you know, my neighbors that I just
mentioned to you are good neighbors. I hear more fi.om my next door neighbor on either
side than I do fi.om the vineyards and the farm. So, you know, we do have some people
Amendments to Chapter 205 Public Hearing 24
May 22, 2012
who are perpetrating bad behavior and we should not bastardize the rest of the
community. Thank you for your time.
SUPERVISOR RUSSELL: We want to listen to everyone and we are taking all the
comments seriously but you know, we haven't created this law in a vacuum, we have
been trying to work on this for a couple of years, we have had several meetings with
Steve and Ron and others and if we need to take a fimeout and do it better, we will. But
also I think we need to clarify what requires a special event permit and what doesn't. I
know Richard just spoke a few minutes ago about his events on Tuesday nights. That is
under the regular business operation of that facility, it wouldn't need a special event
permit because they have already had a CO and a site plan. It is about those uses that go
above and beyond what has been CO'd and site planned for that site. But those are the
clarifications we can work out. You know what some of the challenges are that we are
facing, we are looking for help. We are happy to sit down at the table with you, we have
asked, we have had meetings with and you know, come to the meetings, help us. Help us
solve some of these problems. And we are willing to listen but we need some help and
guidance, that is what we are looking for. Two years we have been trying to get this
done, looking for that guidance and that input. Would anybody else like to...
COUNCILMAN KRUPSKI: And it is hard, one of the things working on this legislation
too, it is very hard because one size does not fit all and it is by no means anti-agricultural
legislation. Steve, I am a farmer and there is nothing in here that says you can't spray on
a Sunday or you can't pick grapes after 2:00 in the afternoon or anything like that and I
think, growing up in East Cutchogue there, I have been very fortunate to have good
neighbors, some of them are sitting fight here in the front row. Pindar Vineyard across
the street and ....
UNIDENTIFIED: Inaudible...what is an accepted use, definition by the Town Board that
agri-tourism on a conventional farm is an accepted use. This is what my comment was
directed at. Agri-tourism in a winery is not an accepted use. That was what my comment
was, Albert.
COUNCILMAN KRUPSKI: I understand but what Scott just said, the normal business
of a winery and when they have bands and whatever, that wouldn't require permits. Or
even if they have weddings within the capacity of their site plan, doesn't require a permit.
SUPERVISOR RUSSELL: Right. But again, if that is not clear enough, then maybe we
need to sit down and talk about how to make it clearer. But those are some of the issues.
You know, the gentleman before that talked about 0 to 250, that is not 0 to 250 on site,
that is 0 to 250 beyond what the current site is already hosting because the current site
already has a site plan, it has a use and occupancy, all of those things. This is above and
beyond that. But again, if it is the clarity that this code needs, we are happy to take input
and guidance from everybody on this. We have been trying for the longest time to get
that.
Amendments to Chapter 205 Public Hearing
May 22, 2012
25
ROBERT DUNN: Robert Dunn, Peconic. I came more out of curiosity or anything here
tonight, I knew that this was going to be a hot button issue. I am not involved at all in
your business, I know that and I am not against it, I know that wine making and the
wineries here on the north fork have done a lot to preserve what was a dying industry 30
years ago and that goes unquestioned but I just wanted to point out, well, first off, I think
from what you have heard tonight, you might want to back off a little bit and rethink, it
may not be the right time to make the vote. But I am going to reiterate something that
Ben said. I have been to probably 20 of these meetings over the last 8 months and you
know how many times there have been 4 people in the room and Scott gets up every
night and says would anybody like to say anything about anything? Nobody here. You
wait now till you hear the rumors, you hear all the garbage and then you come in and say,
no, this is no good, you can't do it. well, let me tell you, there is a bunch of people in
Montauk right now that are suffering because the town stuck their head in the sand. For
years, and they are overwhelmed with bars now. So, they are trying to do something and
maybe they shouldn't do it tonight, but you guys just shouldn't wait until they do do
something and then come in and say you are wrong. You have had plenty of time to
come and say let's do this, let's do that maybe we can (inaudible). And to reiterate what
Scott was saying before, it clearly says here, the public area of the building, the parking
capacity of the site or that is not currently permitted. So what is currently permitted in
the building is currently permitted. If you have got a building permit to have 250 people
in on a Sunday afternoon to taste wine, that is not going to change. You bring 4,000
people in, you had better get a permit. And everybody who lives next to you has a right
to expect them to make sure you do get a permit. But again, I personally think just from
the reaction here, that a big segment of industry out here, you might want to hold offbut
then it is on them, to get in here and give you the information. When I hear Scott Russell
get up at every meeting and say is there anybody that wants to talk about anything. That
is on you. if they give you something you don't want it is because you didn't come here
and tell them what you do want.
SUPERVISOR RUSSELL: I am going to call on people who haven't had the chance to
speak yet, then I will get back to you.
MIKE FALCETTA: I will be quick, Mike Falcetta, Southold. I am one of those young
people that moved out here and left my comer office job in a law firm to come out here
and work 7 days a week because I saw a good opportunity and work 100 hours a week. I
have watched the people that own the winery that I am at, invest upwards of $10 million
into this economy. We are continuously doing construction, we hire local people to do
all of the work all of the time. The few comments about food and things like that that I
heard, we are probably one of the only ones that really do go out of the way to buy local,
the winery people go out of their way to buy locally and support locally. I also drive
every day in from Riverhead to Southold and every day I stop short and I know
farmstands are exempt but people mn across the street with pumpkins and little kids run
across the street. That happens more there than any where else that I see and I just want
to make that comment, too, that they are exempt but every day and it doesn't just have to
be pumpkin time. I watch brake lights coming to a screeching halt because somebody is
running across the street or there are children running across the street. And that is an
Amendments to Chapter 205 Public Hearing 26
May 22, 2012
exempt form but we sit here and we have parking lots and parking plans and every thing
like that and are continuously under a microscope.
DIANE VALENTINE: Diane Valentine, Southold. I am new to the area and I am
actually new to Southold Town. I work for Sperry tents. My boss told me to come here
and hear what is going on because we handle a lot of the tenting for special events. And I
am sitting here listening and remembering Saturday night when I was laying in bed
wondering when the boom boom from the party was going to stop and I did not think
wow, they ought to get rid of vineyards, they ought to get rid of what is going on because
I came here from Connecticut which had a growth explosion as I grew up over the past
40 years. I watched the growth in Connecticut, I realized what was going on with the
economy, I saw what they did to implement laws to help different communities. I was a
realtor up there for 20 years, so I have an understanding about growth and what goes on
in a community and sitting here listening to everyone, I really, really feel what needs to
be done is the laws that are on the books need to be enforced. And I think that the people
sitting here who hear the boom, boom and I am one of them, needs to pick up the
telephone and call the police. Or if someone is doing something against the law or there
is a traffic issue, pick up the telephone and call somebody. You know, I have been told
that there is a noise ordinance in this town now, this new noise ordinance. Well, do
something about it. I have met several of the vineyard owners, some of them I like, some
of them I don't like. Some of the vineyards I don't like what is going on. Some of them
are wonderful, just like some of the farm owners, some of the homeowners but I think
what we have to do is keep it all in perspective and sit back and be rational and not point
the finger at anybody except the ones that are causing the damage and causing the
disruption. I mean, let's all wake up here. And yes, you know, if, if there is an issue, you
know, where all of a sudden they stop their special events, yeah, I am going to lose my
job. You know? And I mean, I like being able to feed my face and take care of myself.
So, you know, let's all be reasonable here and it is like the gentleman before me. I
happened to meet him briefly and he was a lovely you man and I thought, wow, this is so
cool and I watched the construction going on around here and I think this is really great,
it really is because it is going to bring people into the area. I have kids in Connecticut, I
would love it ifa couple of them would come this way. You know, maybe, maybe if we
continue the growth in a sane and rational manner, that will happen. So, thank you.
BENJA SCHWARTZ: Good afternoon, Benja Schwartz again. I want to bring up
something positive and make a suggestion to improve the legislation. Last Saturday was
the first day of the new Greonport farmers market and it was a wonderful event, I got
some of the best broccoli rabe I ever tasted in my life there. Also purchased some local
wine at the farmers market and even bought some non-toxic beeswax crayons. As
opposed to the petroleum product which I grew up with. I am not currently directly
involved in farming or vineyards although I am involved in a program we are calling toe
star troops and we are working with vineyards to offer complimentary tastings to active
duty servicemen. I have also been involved as a web site developer in forming a
community supported agriculture program for a local farmer. So I want to be positive, I
like to see the Southold Town Agricultural Advisory Committee think about farmers
markets and how we can promote them and have more of them. What kind of special
Amendments to Chapter 205 Public Hearing
May 22, 2012
27
events do we want to have in town? I don't think it is practical to say that everybody in
Southold is exempt from the law. In Southold, it is just, you might as well not have a
law. But there is nothing to stop creating a list of exempt entities, people and businesses
from this law and there could be criterion where there is if a business, vineyard or any
kind of business, or any kind of farmer or organization is a good neighbor, they could be
put on a list that would be exempt from the requirement to pay for a permit for their
event. They might still be required to register their event, in which case the town could
provide a service so that by registering events we could see the other events that are
registered for that weekend and we could plan our events so that they don't conflict in
town. But that is, I am getting a little bit further afield, but that, there is a lot of positive
potential here. Let's get rid of the negative parts though. Thank you.
COUNCILMAN RULAND: Scott, can I say something?
SUPERVISOR RUSSELL: Let' have...
RON GOERLER: Thank you, Scott. Ron Goerler, Long Island wine president. There is
obviously a lot of comments and I am not going to sit here are reiterate them. What I do
think is important is that we look at the past, the last 30 years to where our industry has
come, where it took guys with vision like Dr. Damianos, my father and they saw
something in this area. It was a special place. It was a place that could exist and they
could make a living at it and it is that second generation, myself, that has come to
fruition, who worked the farm and are a part of it and created with the marketing
strategies, as Leslie would say every once in a while at the meetings that we would sit at
but at the end of the day, that is what we need in order to survive at our businesses. So
the next 30 years, we need to have the next generation, my children and your children
that can see the potential of this going forward. I understand why we have regulations
put in place and that is to make sure that things don't get out of control and that the
behavior of individuals is kept in check but at the end of the day, it is about the future of
this town is what we are talking about and if we over regulate things, that is where we are
going to lose sight of why we are doing what we are doing in this farming community out
here. Thank you.
ART TILLMAN: Art Tillman, Mattituck. I think in your deliberations, you really ought
to keep an eye on the big picture. We know statistically our economy is based on
agriculture and tourism. That is it. there really are no other jobs. This industry, the
growers generally has got to retain its healthy quality. I have a small produce business, I
get around, I haul produce up the island, I get to talk to a lot of growers. It is tough. It is
really tough. I think it was Ron who told me last year, I can't make money growing
grapes. Weren't you the one that said that? you have got to add value to the product.
These farms and vineyards have to survive, the north fork is like the last frontier. It is the
central park of New York City. We will never have enough money to preserve all our
land. The North Fork Environmental Council had a bumper sticker, Save what's left.
These guys are saving what's lett. If it wasn't for them, if the grape growers didn't come
in, where would we be? Potato farming, generally speaking, is no longer viable for
many. What would have been there if the grape growers weren't there? So when you are
Amendments to Chapter 205 Public Hearing
May 22, 2012
28
in your deliberations, keep your eye on the big picture. I am so proud to live out here, I
am so proud to when I leave, bring north fork potato chips wherever I am going, bringing
local wine. You guys have given us an identity that we never had and not only that, you
have raised my property values horrendously. Thank you.
LAURA HOCK: Laura Hock, Greenport. I am also a Greenport homeowner and
taxpayer. I am also a teacher and manager at Peconic Bay winery. I just want to tell you
that you are wrong, we always get special events permits and if you are heating the bass
in the parking lot, it is probably not from us. But I also want to say that being a younger
person in this industry, seeing how many people we employ as a whole, it would be better
to use these forums to figure out a way we could all work together. Bringing the
industries together with hotels and restaurants instead picking each other apart I think
would be much more useful than trying to over-regulate, maybe try to figure out how we
can all be good neighbors to each other and make that work better. Thank you.
KEV1N POLLA: Kevin Polla from Southold. Cowboy Kevin. I am a local entertainer
out here, I don't have an affiliation with an specific winery. A few years back in recent
times, we have lost the duck farms, we are down to I think two on Long Island. The
brown tide destroyed the scallop industry, we had potato problems and there is no doubt
in anybody's mind that the wineries have given this area a much needed vitality infused
shot in the arm, there is no question about it. it is the local entertainers like myself, the
pizza truck, the tent people, the event people, not just the wineries that are going to suffer
from legislation like this. I mean, let's face it, the wineries bring the people from up
island, from New York City, from New Jersey, into our area and infuse the economy with
much needed revenue. It happens half the year, in season, at best. When it is over, when
the season is over, we go back to our quiet little lives and nobody really complains too
much. I think a lot of the hoopla I have been heating lately is really because, well, I do
want to comment on one of the things that was said earlier about Peconic Bay causing
traffic over by the shopping center, you know, most of the wineries that I have been
involved with and I have had 12 wine club memberships in different wineries and stuff,
so I like to frequent them, I like to get to know the different people and their culture, you
know, for example Peconic Bay has got this whole separate route to get out of their
parking lot that does not interfere with King Kullen. Macari kind of does the same thing,
even though they are kind of off and by themselves, I think that most of the wineries, all
except for one that I can think of, have been very, very accommodating and members of
the community themselves. I mean, they live here. And if the owners don't, the people
who work here do. And they do accommodate the local people as well as the up
islanders. And we want them coming here. I just want to point out and Scott, you
mentioned earlier that this is not anything to do with anything that the wineries are
allowed to do now based on their site plan and t heir capacity. If you look around the
room, this meeting exceeds the site plan. I mean, we are out in the hall, there is no
parking. Everybody is parked on the grass all the way out there and around the block and
on the (inaudible) and when I hear that oh, well, we have these meetings every so often
and then nobody comes, now how come everybody is here, that is not a bad thing that
everybody is here, that is a good thing. Now if people don't come to a meeting, that is
because we have confidence in you, most of the time. When you get a crowd like this,
Amendments to Chapter 205 Public Hearing 29
May 22, 2012
maybe it is because we don't and we need to say something. Thank you for letting me
have my say.
SUPERVISOR RUSSELL: Who else would like to speak? Okay, Robert. I just want to
make sure that everybody that wants to speak for the first time gets a chance before I
repeat but go ahead.
MR. DUNN: I just want to comment again on what I was saying about not coming to
meetings. I mean, I started coming to them on one issue and it is now two and the issues
are slowly getting resolved because I spoke up. And when you say that people are
complaining that nobody comes to meetings, you can't expect to do it, you can't expect
to accomplish anything by waiting until they may come up with legislation and then go
against it. You have to put input into it as it matures, kind of like your wine. You want a
good wine, you take care of it. You want good legislation, you have got to have input
into it. so just to get to this point and say no, no, no and I really don't think anybody is
attacking the wine industry, I think there are maybe some questions on some special
events that have gone too far.
CLAY SAWYER: Hi, my name is Clay Sawyer, I am from Greenport, I am one of 17 B
& B owners out here on the north fork. First I just want to address the gentleman that just
spoke. I work for myself and I just heard about this meeting 4 days ago and I found out it
was today and I made a point of blanketing the whole community that I work with to get
them to come here. I work 16 to 18 hours a day for myself and I know the winery
owners, the B & B owners, I know these people. They are not wineries, they are my
friends, Dr. D, Ann Marie. We all work long, long days so it is not that we are
complaining about coming to meetings, it is just that there is limited time as far as being
able to. But the minute we do find out about meetings, we do come. But that is not what
I wanted to talk about. Hello, like I said, I work for myself, I am one of 17 B & B
owners and we basically depend on the wine industry and the farm industry as well, and
they are one and the same, too. (inaudible) who is not in a winery or a farm, they do the
same basic job, they bring tourists out hem. We are an agri-tourism area and we depend
on that. I mean, there is no disguising that, that is what we are. We have to really make
the most of it and that is why we really have to try to work with trying to bring people out
here and as a few people said before, as far as in this economy trying to get something
that will kind of put road blocks up to keep businesses from thriving and doing more and
bringing more people is a disservice. And it is precarious, I mean, I just get by. People
think that oh, you have a B & B or a winery, you are rich, whatever. We are not, we are
just scraping by. I know these people, they are just scraping by. And to put up more
things that will be a financial burden, I can see, you know, some people might end up
folding. If they fold, the smaller businesses fold. My guests come in and honestly, I can
tell you that on average, I have done some service because this is how weird I am, I have
asked my guests and they drop about $100,000 a year collectively, my guests, on the
north fork. That is a lot of money, times 17 B & B's, times however many hotels are out
here. People are fickle and there are other wine industries growing in other areas and
people will just go to those other areas if we don't embrace what we have. We have a
phenomenal area, it is beautiful, the people here love what they do and we need to really
Amendments to Chapter 205 Public Hearing
May 22, 2012
30
kind of work with that. I do think that part of this, I admire what you are trying to do but
I think that it might be a different tactic than maybe you should be taking, is go after the
problems. There is one bad apple or two bad apples, address those bad apples. I hear the
music too and see the party busses and you know, it is ridiculous and those need to be
specifically dealt with. Whether it is the public calling the police or what but don't go
after everybody and potentially jeopardize our whole economy out here on the north fork.
Thank you.
PETER HARRIS: Peter Harris, 212 Knapp Place Greenport. We have all sat here
tonight, we have heard a tremendous amount about the wine industry in Southold Town.
Being a life long resident, I saw the potato industry go down, Steve Mudd was in
vegetables and he is a grape farmer. Dr. Damianos and a lot of the vineyard owners,
when they went out to lay out their site for their vineyards and they built their wineries,
they had a vision and some of them have a very expansive buildings to be able to
maintain and handle the volume of people that love to come to the north fork, Southold
Town, to enjoy going wine tasting. Other people who have come later on and have
bought a winery from previous owners, are trying to run a business outside of the scope
of the footprint that is currently there. If you are going to, if you want to run a bigger
operation, then you need to come to Town Hall and lay the footwork to expand the
buildings that you currently have. You don't go and come in here and buy a small winery
and have massive amounts of people, party busses and what have you and it gives a black
eye to all the other people that have a smaller scale, that they may have music, it is on a
low scale, my daughter, she probably goes every other weekend, goes to 5 or 6 different
wineries in Southold Town because she enjoys wine tasting, okay? Just saying that
sitting back and having read in the newspapers, so many of the current wineries are
taking a bad rap for one or two. And you know, the bottom line is if you want
Hollywood, you should have thought about that when you came out here. Thank you.
SUPERVISOR RUSSELL: Who else would like to speak? Would anybody else like to
speak on this issue?
COUNCILMAN RULAND: I would, Scott.
SUPERVISOR RUSSELL: Go ahead, Bill.
COUNCILMAN RULAND: I would like to go back to one of Mr. Dunn's comments
about how many people come and when they come, do they say anything. One of the
things that is most important about an event or a meeting such as this today is that we
invited the public to a hearing. We invited the public to come to hear what is on their
mind. It goes some to what Councilman Kmpski said about many, many meetings of the
special events committee, trying to wrestle with issues and come to a consensus that
some people might agree with are and some people, as Mr. Bate said, no we don't quite
agree. I think that it is obvious and there is a presumption on many people's part that the
heating and what anybody has to say is irrelevant in our minds and I will just speak for
myself. I value greatly what people have said because we do not get, even at our special
events or code committee, the amount of people to come and express their opinions such
Amendments to Chapter 205 Public Heating 31
May 22, 2012
as people have spoken today. It would be and I agree with some of the speakers, it would
probably be irresponsible to vote on a measure like this given the amount and content of
material that has been presented, none of which was really outlandish. All of which has
probably some place in crafting something that is final. I do believe that we need
something. There is no question about that in my mind. I don't know about my
colleagues but in my mind, I do believe that we need something. One of the problems,
when we get to something like this is that many people perceive that it is us versus them.
And I don't perceive it that way at all, I would like to look at it more as the young lad in
the audience spoke about we and what can we collectively do together to make something
that is palatable and workable to all. And there are many factors involved and I can't
help but see the Chief of Police, sitting in the front row, who is directly involved in a lot
of the things that go on and he has shared with us the trials and tribulations and without
going on any further on that, I believe strongly that it is incumbent on us to listen
carefully to what everyone has had to say and I guess my comment at end would be, I
would issue more of a challenge to the special events committee, to Mr. Bate and I only
take a little exception to Ms. Moore comment that I will comment after I see what you
have done, I would be more happy if you pa~icipated in it. so that the outcome was
something we knew going into another hearing that was a palatable and acceptable to the
masses because it would be futile to go through another exercise and I don't think this
and without using, yes, it is a pun, dying on the vine expeditiously, in other words, in my
mind we need to call the special events committee, take these issues head on and sort
them out on the table, bring them to a code committee, come to a consensus and come
back here to this room and to rehear them and I don't mean by this time next year, I mean
in an expeditious manner. And I don't think that is unreasonable for all parties involved.
I know there are people who have expectations one way or the other, I know there was a
great deal of misinformation. I know that certainly the fire departments and the special
districts all have reservations and just by listening to the comments, the fix seems rather
simple. Clarity and whether in fact you are going to wholly exempt them or make it
extremely clear what is required and what is not. That does not seem to be an
unreasonable task because the issues are well defined and the answer doesn't seem to be
that difficult. And that is all I have to say, Scott.
SUPERVISOR RUSSELL: Let me just clarify a couple of things. Also, admittedly it is
the lack of clarity that might be an issue tonight. Some of these things that were
proposed are meant to deal with all special events. I know there is a segment in here that
talks about two special events taking place within a half a mile radius. Well, what is
happening is we are getting bicycle rides and these are proprietary events that are putting
1,000-1,500 people on the road in one end of town and I have a police chief with limited
resources who is worded about that and then another one on the same weekend. Maybe
we tried to take on too much with one piece of legislation but I assure you, Steve, we
have made you part of the process every step of the way. We will continue to do that, we
will continue to make your members as part of the process every step of the way but by
no means was this, it started out as special events committee a few years ago, this more
or less became an overreaching special events legislation because of all the special events
that were taking place in town. It wasn't meant to rein in what is taking place at the
wineries, it was meant to just put a review process in place for wineries who weren't site
Amendments to Chapter 205 Public Hearing 32
May 22, 2012
planned for the larger than typical crowds. And I am not talking the occasional crowd
that gets larger than the CO allot, I am talking about these large events. Not just at
wineries, bicycle show, all of these things. It was meant to try to develop a review
process for public health, safety and welfare. That was what it was meant to do. Again,
we will listen to you, you will be part of the discussion. We encourage you and all of the
members of your organization to be part of the discussion as we move forward. Would
anybody else like to comment? (No response)
COUNCILMAN RULAND: Can we recess for, accept written comment? If we are going
to accept written comment for another week or 10 days or something? We want to move
forward.
SUPERVISOR RUSSELL: What we are going to do is basically recess the meeting, so
you can continue to reach out to us, written form, if you wan to call, let us know. We
will take that all into account, okay?
This heating was closed at 6:13 PM
Elizal~th A. Neville
Southold Town Clerk
SUMMARY OF LL/AMENDMENTS TO CHAPTER 205
SPECIAL EVENTS
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS
AFTERNOON'S PUBLIC HEARING AMENDS AND RESTATES CHAPTER 205
OF THE TOWN CODE ENTITLED "PUBLIC ENTERTAINMENT AND SPECIAL
EVENTS", THE INTENT OF WHICH IS TO ESTABLISH PROCEDURES AND
REQUIREMENTS FOR CONDUCTING SPECIAL EVENTS IN THE TOWN OF
SOUTHOLD TO PRESERVE THE PUBLIC PEACE, GOOD ORDER, THE
INTEGRITY OF THE USE REGULATIONS ESTABLISHED UNDER THE
ZONING CODE, TO PROPERLY PROVIDE FOR THE HEALTH, SAFETY AND
WELFARE OF THE GENERAL PUBLIC AND TO PROVIDE PENALTIES FOR
VIOLATIONS.
IT IS NOT THE INTENT OF THIS ARTICLE TO INCLUDE THE FOLLOWING:
ORDINARY AND OCCASIONAL USE BY OWNERS OF PRIVATE
PROPERTY TO HOST PRIVATE GATHERINGS TO CELEBRATE
FAMILY EVENTS, HOLIDAYS, ETC. OR TO RAISE FUNDS FOR
CHARITABLE OR OTHER NOT FOR PROFIT PURPOSES. HOWEVER,
THE USE OF RESIDENTIAL PROPERTY FOR PROFIT, SUCH AS A
VENUE FOR WEDDINGS, IS PROHIBITED AT ALL TIMES.
THE ORDINARY AND OCCASIONAL USE BY A SPECIAL DISTRICT
FOR FUNDRAISING FOR ITS OWN PURPOSES. SUCH USE SHALL
BE ON SITE AND HAVE ADEQUATE PARKING, INGRESS, EGRESS,
TRAFFIC CONTROL, AND FACILITIES TO HOST SUCH AN EVENT.
THE ORDINARY AND OCCASIONAL USE OF A PROPERTY OWNED
BY A NOT FOR PROFIT FOR FUNDRAISlNG FOR ITS OWN PURPOSE.
SUCH USE SHALL BE ON SITE AND HAVE ADEQUATE PARKING,
INGRESS, TRAFFIC CONTROL AND FACILITIES TO HOST SUCH AN
EVENT.
SPECIFICALLY, SECTION 205-1 IS AMENDED TO INCLUDE A DEFINTION
OF SPECIAL EVENT WHICH DETAILS THE TYPES OF ACTIVITIES THAT
WILL TRIGGER THE REQUIREMENT OF A PERMIT UNDER SECTION 205-2.
SPECIAL EVENTS ARE EXPRESSLY PROHIBITED UNLESS A PERMIT IS
ISSUED BY THE ZONING BOARD OF APPEALS OFFICE OR THE TOWN
BOARD.
SECTION 205-3 SETS FORTH THE SPECIAL EVENT PERMIT APPLICATION
REQUIREMENTS AND SPECIFIES THE INFORMATION AND MATERIALS
THAT ARE TO BE SUBMITTED FOR REVIEW BY THE TOWN, INCLUDING
BUT NOT LIMITED TO, A DESCRIPTION OF THE EVENT, A PARKING/EVENT
PLAN, A DESCRIPTION OF SIGNAGE TO BE DISPLAYED AND A SCHEDULE
OF APPLICATION FEES WHICH VARIES DEPENDING ON THE SIZE OF THE
EVENT. THE ZONING BOARD OFFICE MAY ACCEPT A SINGLE
APPLICATION FOR A RECURRING EVENT OR A SERIES OF EVENTS THAT
ARE OF LIKE SIZE AND SCOPE.
SECTION 205-4 SETS FORTH THE REVIEW PROCEDURES AND
STANDARDS TO BE FOLLOWED BY THE ZONING BOARD OFFICE AND THE
TOWN BOARD. THE TOWN BOARD WILL HAVE APPROVAL AUTHORITY
FOR ALL EVENTS HELD ON PROPERTY OWNED, LEASED OR
CONTROLLED BY THE TOWN OR A SPECIAL DISTRICT WITHIN THE TOWN
OR FOR EVENTS WHERE THE EXPECTED ATTENDANCE EXCEEDS 1,000
PEOPLE.
SECTION 205-5 PERMITS THE ZBA OR THE TOWN BOARD UPON NOTICE
TO MODIFY OR RESCIND A PERMIT UPON A DETERMINATION THAT
REPRESENTATIONS OR STATEMENTS MADE IN THE APPLICATION WERE
MATERIALLY FALSE OR INACCURATE OR WHERE THERE IS
NONCOMPLIANCE WITH CONDITIONS OF THE PERMIT. SECTION 205-6
SETS FORTH PENALTIES FOR OFFENSES OF THIS CHAPTER.
THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR
REVIEW IN THE TOWN CLERK'S OFFICE OR ON THE TOWN'S WEBSITE.
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 24th day of April, 2012, a Local
Law entitled "A Local Law in relation to Amendments to Chapter 205~ Public
Entertainment and Special Events" and
NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of
Sonthold will hold a public hearing on the aforesaid Local Law at the Southold Town
Hall, 53095 Main Road, Southold, New York, on the 22aa day of May, 2012 at 4:32
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
Chapter 205~ Public Entertainment and Special Events" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~
Public Entertainment and Special Events".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
It is the intent of this Article to establish procedures and requirements for conducting
special events in the Town of Southold to preserve the public peace, good order, the
integrity of the use regulations established under the Zoning Code, to properly provide
for the health, safety and welfare of the general public and to provide penalties for
violations of the provisions herein.
II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows:
§205-1. Definitions.
PERSON - Any association, partnership, corporation, cooperative group, trust or other
entity, as well as an individual.
SPECIAL EVENT - Any temporary gathering, demonstration, performance, exhibition,
amusement or activity with expected attendance that at any time exceeds the lawful
occupancy of the public area of the building, the parking capacity of the site or that is not
currently a permitted use of the property in the applicable zone, that is conducted or
sponsored by a person, organization, entity or association, including but not limited to
carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs,
marathons, bicycle races or motorcycle rallies, and which involves one or more of the
following:
1)
2)
way;
4)
5)
7)
8)
9)
the closing of a public street;
the use, blocking or restriction of Town property or rights of
the use of amplified sound;
the sale of merchandise to the public;
the sale or service of food to the public;
the substantial increase or disruption of the normal flow of traffic on any street or
highway;
the placement of portable toilets;
the placement of temporary no-parking or directional signs or banners;
the use of any Town services that would not be necessary in the absence of such
an event
§205-2. Permit required.
To preserve public peace, good order and the health safety and welfare of the residents of
the Town of Southold, special events shall be prohibited in the Town of Southold, unless
a special event permit is obtained in accordance with the requirements set forth in this
chapter. The Zoning Board of Appeals office may accept a single application for a
recurring event or a series of similar events (not to exceed 6 in a 3 month period) that are
of like size and scope.
§205-3. Application Requirements.
Information and material to be submitted with an application for a special event permit
includes the following:
A completed Special Event Application Form which includes the following
information:
a. Name, address and telephone number(s) of the person (s) who will be
organizing the event and who can be contacted prior to and during the
event by town officials;
b. The address of the event location.
c. Proposed dates and hours of the special event, including set up and
shutdown times;
d. Expected maximum number of persons intended to use the property at one
time and collectively, including organizers, employees, vendors,
exhibitors and spectators/participants;
e. Expected numbers of automobiles and other vehicles intended to use the
property at one time and collectively;
The name, address and telephone number of the person(s) who will be
engaged in the preparation and/or sale of food, alcohol, beer and a copy of
the State Liquor Authority License and County Department of Health
Services permit number for the activity.
g. Name and address and cellular telephone number of any security company
which will work on the premises, and a description of the duties to be
performed.
h. The dimensions of any tents to be utilized for the event. All tents erected
in connection with an event will require an application to and the approval
of the Building Department
i. Certification that the property where the event is to take place is not
subject to any covenant or restriction limiting its use, or if the use is
restricted by easement or otherwise, a copy of a survey or diagram
depicting the easement area and any reserved area where development
rights are intact.
j. The applicant must provide a certificate of general liability insurance
naming the Town of Southold as an additional insured with limits of 2
million dollars per occurrence or such other limit as may be required by
the Town Board.
An application fee in the following amounts for each event:
a. $250.00 for events with up to 250 attendees
b. $350.00 for events with 251 to 500 attendees
c. $450.00 for events with 501 to 749 attendees
d. $550.00 for events with 750 to 999 attendees
e. $650.00 for events with 1,000 or more attendees
f. Applications that are submitted less than sixty (60) days prior to the
proposed event may be rejected or subject to a late processing fee of
$250.00.
A general description of the proposed event including:
a. The purpose of the event and description of the nature of the activities to
be carried on and the admission fee to be charged, if any;
b. Names of groups, organizations, charities or individuals who shall benefit
from the proceeds of the event.
A parking/event plan showing:
a. The size of the property and its location in relation to abutting streets or
highways;
b. The size and location of any existing building(s) or structure(s) that will be
in operation during the course of the event and any proposed building,
structure or signs to be erected temporarily for the event;
c. The location of the stage or tents, if any;
d. The designated areas of use for spectators, exhibitors, vendors, employees
and organizers;
e. Location of all exits[
f. The location of all fire extinguishers and other fire safety equipment;
g. The location of all temporary utilities to be installed for the event, if any;
h. The layout of any parking area for automobiles and other vehicles and the
means of ingress and egress for such parking areas. The parking spaces
must allow for 300 sq. ft. per car.
i. A traffic control plan for vehicles entering and leaving the site for the
proposed event.
j. Plan for the use of live outdoor music, loudspeakers and other sounds
which will be used, if any and the type and location of speakers and other
audio equipment.
k. A description of emergency access and facilities related to the event.
1. Provisions to dispose of any garbage, trash, rubbish or other refuse.
m. Location and description of any additional lighting to be utilized in
conjunction with the event;
n. Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, county or state
road, including size, location and dates of display.
ZBA Chairperson may require the applicant to send and provide certification that
written notice was sent to every property owner abutting or adjacent to the
property where the event is to be held, as shown on the current Town of Southold
assessment roll, and directly opposite (by extension of the lot lines through a
street or right-of-way) of the property that is the subiect of the application. Said
notice shall include the date, time and location of the proposed special event.
Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals
shall have the discretion to waive any application requirement set forth in this
Section.
8205-4. ADolication Review Procedure and Standards.
All applications for a special event permit must be submitted at least sixty (60)
days prior to a proposed event to the Zoning Board of Appeals office. Any
applications that are incomplete will not be accepted or processed.
When the Chairperson of the Zoning Board of Appeals determines said
application is complete, the Chairperson shall distribute said application and
documentation to any Town, County or State agencies that may have jurisdiction
over the event for their review and comment on any of the criteria set tbrth in
§205-4(5) of this Article. Such referrals may include the Police Department, the
Planning Department, the Building Department, the Land Preservation
Department, the Code Enforcement Department, Fire Safety Inspector and Town
Attorney.
Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall
determine whether to require revisions to the proposed event application.
If no revisions are required or, upon the submission of a revised application, the
Chairperson of the Zoning Board of Appeals may deny or approve the application
with conditions.
In determining whether to grant a special event permit, the Chairperson of the
Zoning Board of Appeals shall consider the following:
a. the size and capacity of the site to accommodate the proposed event;
b. the facilities available;
c. the availability of highway and other means of transportation to and from
the site;
d. Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event:
e. Need for the Town to police such event, and whether the numbers of
police officers assigned to properly police such event will prevent the
Town from providing adequate police protection to the remainder of the
Town.
f. Impact of the event on fire and police protection and ambulance service to
the areas contiguous to the event and to the Town in general.
g. Impact of the event on the movement of fire-fighting equipment or
ambulance service to the Town or to areas contiguous to the event.
h. Whether the owner, applicant or event sponsor has violated a previously
issued special event permit;
i. Verification that there are no outstanding violations on the property at
which the event will be held or any outstanding or unsatisfied conditions
of a town agency approval, including but not limited to those of the
Planning Board or the Zoning Board of Appeals.
j. Verification that the grant of the permit will not violate any existing
covenants or easements on the property.
k. Whether a permit has been granted for a prior event that was the same or
substantially similar to the event applied for;
1. If two or more events are scheduled for the same date are within a half
mile radius of each other, the Chairperson of the Zoning Board of Appeals
will determine if there are adequate resources for the events. If them are
not sufficient resources to ensure public health and safety, the Chairperson
of the Zoning Board of Appeals shall deny one or more permits if the
impacts of the events cannot be mitigated. When deciding which event to
deny, the Chairperson of the Zoning Board of Appeals shall consider the
following:
i. Whether the event is recurring
ii. Whether the site has been subject to a violation within the last
three years.
iii. The date the permit application was submitted.
iv. If events occurred the prior calendar year, the Chairperson of the
Zoning Board of Appeals shall consider what their impact was on
that area of the Town
v. Whether the event will yield a donation to one or more local
charities.
m. If an applicant is requesting a special event permit that was held the
previous year, the verification must be submitted from those charities
listed on the previous application.
n. Impacts on adjacent property owners and the surrounding neighborhood;
and
o. Any other matters that relates to the health, safety and welfare of the
general public.
Any event held on property owned, leased or controlled by the Town or a Special
District within the Town, or any event where the expected attendance exceeds
1,000 people shall be subject to approval by resolution of a majority the Town
Board. In reviewing applications for such events, the Town Board may consider
the following criteria in addition to the criteria set forth above:
a. The size of the premises in relation to the number of people attending the
eventg
b. The sufficiency of arrangements made to control traffic, parking, noise,
lighting and refuseg
c. The frequency of events proposed or approved for the premises and
whether the tYequency is so great that the events constitute a persistent
usage of the property incompatible with its character or with that of the
surrounding area~
d. Conflicts with ordinary public use of the land or facilities involve&
e. Whether the applicant has been convicted for failure to comply with the
terms of this chapter within the past three years~ and
f. Adherence to the Town Board policy of discouraging events at Town
beaches and parks from the Friday before the observance of Memorial
Day until Labor Day.
For any event that is not on property owned, leased or controlled by the Town, a
deposit shall be made in an amount to be determined prior to issuance of the
permit based upon the estimated direct costs attributable to additional police and
highway costs associated with the event. After the event, the deposit will be used
to cover such costs and any monies remaining will be returned to the applicant.
For any event that is to be held on land owned, leased or controlled by the Town
of Southold:
a. the applicant shall pay a clean up deposit of $250; and
Where the Town determines that there is no specific Town benefit
from the event or that the event is conducted for profit, a deposit
shall be made in an amount to be determined prior to issuance of
the permit based upon the estimated direct costs attributable to
additional police and highway costs associated with the event.
After the event, the deposit will be used to cover such costs and
any monies remaining will be returned to the applicant.
Notwithstanding the foregoing, the Town Board shall have the discretion to waive
any application requirement set forth in this Chapter.
10.
A special event permit is not transferrable and shall expire at the close of the
event(s) for which it is issued.
11.
The special event permit issued hereunder shall be displayed on the premises
during the special event and shall be available for inspection by a police officer or
other enforcement officer of the Town upon request.
12.
Applications for tent permits required for any event must be submitted directly to
the Building Department.
§205-5. Modification or rescission of permit.
If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town
Board determine that any of the representations and/or statements contained in the
application are materially inaccurate or any of the conditions of the permit have not been
complied with, the Town may serve the permittee's agent, a notice of rescission of
special permit specifying the manner in which the permittee has not complied with the
terms of its permit and/or identifying the incorrect information supplied in the
application. The Zoning Board of Appeals Chairperson or the Town Board may, for
good cause, modify or rescind such permit, absolutely or upon conditions.
~205-6. Penalties for offenses.
It shall be unlawful for any owner, occupant or their agents or any other person to
fail to comply with any provisions of this chapter or to fail in any manner to
comply with a written notice, directive or order of the Director of Code
Enforcement, Zoning Inspector or the Southold Police Department or to conduct
any special event in a manner not in compliance with a permit issued pursuant to
this chapter and with the provisions of this Code.
For each offense against any of the provisions of this chapter or failure to comply
with a written notice or order of any Director of Code Enforcement, Zoning
Inspector or the Southold Police Department within the time fixed for compliance
therewith, the owner, occupant or their agents or any other person who commits,
takes part or assists in the commission of any such offense or who shall fail to
comply with a written order of the Director of Code Enforcement, Zoning
Inspector or the Southold Police Department shall be subject to the following:
Failure to obtain a permit. Any person conducting a special event that is
regulated under this chapter without first obtaining a permit according to
the procedures outlined herein shall be subject to a fine not less than
$500.00 and not more than $1,000.00.
Failure to comply with the terms of a permit. Any person failing to
comply with the terms of a permit shall be subject to a fine of not less than
$500.00 and not more than $1,500.00. For each subsequent offense,
violator shall be guilty of a misdemeanor punishable by a fine not less
than $500.00 nor more than $5,000.00.
No new special event permits will be issued to any property owner, occupant or
their agent if they are a named defendant in an outstanding or unresolved
violation of this Chapter.
The Town may also maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction the violation of
this chapter.
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.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as
provided by law.
Dated: April 24, 2012
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Town Clerk
Please publish on MAY l0t 2012 and forward one (1) affidavit of publication to
Elizabeth A. Neville, Town Clerk, P O Box 1179, Southold, NY 11971.
Copies to the following:
The Suflblk Times
TC Bulletin Bd
Police Dept
Town Board Members
Web site
ZBA
Town Attorney
Zoning Inspector
#10678
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successfully commencing on the
10th dayof May, 2012.
lq
Sworn to before me this
° '" Clerk
NOTARY PUBLIC-STATE OF NEW YORK
No. 01V06105050
Qualified In Suffolk County
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 24th day of
April. 2012. a Local Law entitled "A Lo-
cal Law in relation to Amendments !9
Chanter 205. Public Entertainment ~nd
~ and
I~OTICE I$ HEREBY FURTHER
GIVEN ~hat 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 22nd
day of May, 2012 at 4:32 p.m. at which
time all interested persons will be given
an opportunity to be heard.
The proposed Local Law entitled. "fi.
Chanter 205. Public Entertainment #.a
~ reads as follows:
L CAL AW NO. 20 2
A Local Law entitled~ ~
shows and concerts, parades, walks, ru~
!) the closing of a Oublic street:
Town of Southold. unless a soecial eveql
permit is obtained in accordance w}th
the reouirements set forth in this chap-
ter. The Zoning Board of Anneals office
may acc. eot a single aonlication for a re-
curring event or a series of similar events
(not to exceed 6 in a 3 month period}
that are of like size and scope
8205-3. Annlication Reunirem~nts.
Information and material to be sub-
mitted with an aoolicalion for a soeelnl
event hermit includes thc fullowiqg; /
I. A comnleted Snecial Event Aooli*
cation Form which includes the full_ow-
lng information;
a. Name. address and telephone
numberlsl of the oerson Isl wh~ Will
~be organizing the event and who can be
contacted orior to and durin~ the event
by town official_s;
b. The address of the event location.
c. Prooosed dates and hours of the
soecial event, including set up and sl!q!-
_down times;
d. Expected maximum number of
persons inlended to t~e the orooert¥ ~!
one time and collectively, indfidine Qr-
eanizers, emolovees, vendors, exhibitgf_s
and sbectators/oarticioan[$;
e. Exoected numbers of automobile5
and other vehicles intended to use the
Drooertv at one time and collectiveIv;
f_.The name: address and teleohone
number of the ocrson(sf who will b~
encased in the oreoaration and/or sg!e_
of food. alcohol, beer and a cony of the
State Liouor Authority ~ it'oE~ap,'~nd
County Deoartment of Health Servi~e,~
permit number for Ire activiw,
~. Name and address and cellular [¢!e_ -
ohone number of any security comoaay
which will work on the oremises, and
a descriotion of the duties to be ocr-
formed,
h. The dimensions of any tents to be
utilized for the event. All tents erected
in connection with an event will req~;~re
an amdication to and the aonroval of the
:i. Certification that the nro~ertv
where the event is to take olace is !!_o~
subject to any:covenant or restriction
limitine its use. or if the use is restricted
by easement or othei~Vise, a co~v of ;~
survey or diagram deoictina the ease-
ment area and any reserved area where
develonment rights are intact
i. The aonlicam must orovide a certifi-
cate of ~eneral llabilit~ insurance nam-
hiahwavs:
enterin~ and leaving the site for the nro-
Dosed event·
i. Plan for the use of live outdoor
music, loudsneakers and other soundx
which wilt be used. if any and the lyp_e
and location of sneakers and other aueLi9
eouinmen!,
k. A descriotion of emergency access
and facilities related to the even~.
I. Provisions to disoose of any Mar-
huge. trash, rubbish or other refuse ~
m. Location and descrintion of any
additional lighting to be utilized in eg!!-
junction with the event:
n. Location of sanitary facilities on
5. A description of any signaee to be
disolaved adlacent to a Town. counfy _or
state road. includim, size. location
dates of disnlgy~
6. ZBA Chairoerson may reuuire
a~Dlicant to send and nrovide certifica-
tion that written notice was sent to every
Drooertv owner abuttin~ or adjacent lQ
the orooertv where the event is to
held. as shown on the current Town of
Southold assessment roll. and directIv
oooosite (by extension of the lot line~
through a street or rieht-of-wavl of the
orooertv that is the subiect of the gp-
olication. Said notice shall include the
date. time and location of the orooos~fi
soecla] event.
7. Notwithstanding the foregoing, the
Chairoerson of the Zonin~ Board of
oeals shall have the discretion to
this Section.
§205-4. ADDlication Review Prg.c~_-
dure and Standerd~-
1. All aoolications for a soecial eveq!
oermit must be submitted at least sixty
f60) dam tvfior to a ~rooosed event to
the Zoning Board~afAo~eals office. Any
aoolications that are ineomolete will ag!
2. When the Chaimerson of the Zoo;
in~ Board of Anneals determines
aoolication is comolete, the Chaimer-
son shall distribute said atmlication
documentation to any Town. County _o_r
State agencies that may have Jurisdic-
tion over the event for their review and
comment on any of the criteria set forth
in §205-4(51 of this Article. Such refer-
I. If two or more events are scheduled
for the same date are within a half mile
radius of each other, the Chairnerson of
the Zoning Board of Anneals wilI de-
termine if there are adeuuate resoure¢_s
for the events. If there are not suffici¢-o!
resources to ensure nubile health and
safety, the Chairperson of the Zoning
Board of Anneals shall deny one or mor~
oermits if the impacts of the events can-
not be mitigated. When decidin~ which
event to deny. the Chairperson of the
Zonin~ Board of Anneals shall consider
the following:
i. Whether the event is recurring
ii. Whether the site has been subject
to a violation within the last three veers.
iii. The date the hermit a~oli~atioq
was submitted.
iv. If events occurred the orior caleq-
dar year. the Chairnerson of the Zonino
Board of Aooeals shall consider what
their imoact was on that area of th~
Town
v. Whether the event will yield a d0-
nation to one or more local charities.
tn. If an anolicant is reouestine ~
s~ecial event oermit that was held tho
orevious year. the verification must be
submitted from those charities listed 9q
the previous aonlication
n. Imnacts on adlacent oroDert¥ own-
ers and the sun'oundine nei~hborhooc]'
and
o. Any other mate/ers that ralate~ in
the health, safety and welfare of the ~r!-
6. Any event held on oroDertv owned
leased or controlled bv th~ Town ut ~
Special District within the Town. or any
event Where the exoeeted attendance
avoroval by resolution of a majority the
Town Board. In reviewine aDrdications
for such events, the Town Board may
consider the followin~ criteria 'in addi-
tion to the criteria set forth above:
a. The size of the premises in rein t in_n_
to the number of Deoole attending the
event:
b. ~he sufficiency of arrangements
made to control traffic. Darklne. noi~e
liehtin~ and refuse:
c. The freouencv of events t)roDosed or
rals may include the Police Deoartment aoor°Ved for the nremises and whelher
the Plannin, Denartment. the Building the freouenev is so treat that the events
Department. the Land Preservation constitutea~ersistentusaeeoftheoroo2
Department. _t. he' Code Enforcement erty ine0mxmtible with ifa olm~e*,~ ~f
Detmrtmcnt.'F~re Safety I ..... *~ ' ~l~l~q. rl~no~hi~aTea. .
Town Artornev. ' d. Conflicts with ordinarv od6|ic use
Chairaerson of the Zoning Board of Ap-
oeals sha!ldetermine whether to reouire
4. If no revisions are reouired or.
the submission of a revised aonlication.
the Chairoerson of the Zoning Board of
of the land or facilities involveO'
e. Whether the aoolicant has beer!
convicted for failure to comnlv with
the terms of this chanter within the na,~
three years: and
fi Adherence to the Town Board
policy of diseouraaln~ events at Town
beaches and harks from the Friday bo.
IL after a ~rmit '
is issued, the Chair-
Chairperson or the ToWn Board
not m~ th~ ~I.~.ffi.
~ ~e :t~ ot~t s~l
and nm m~ ~:~.~. ~r e~
$5.~.~,
~ No new s~al evem ~ts
nam or ~ a~t i~ ~eg are a
At,gals may deny or a~rove the
cation with condition~.
5. In determining whether to grant a
special event ~ermit. the Chalmerson of
the Zoning Board of At,eels shall con-
sider the followinm
a. the size and caoacitv of the site tn
accommodate the oro~osed eve~t;
b. the facihties available:
c. the availability of highway and oth-
er means of transoortafion to and from
the si~;
d. lmnact of the event on the safe and
orderly movement of traffic within and
contiguous to the eve_n.!;
e. Need for the Town to ~olice such
event, and whether the numbers of po-
lice officers assigned to nro~rlv oolice
such event will orevent the Town from
oroviding adeauate oolice omtection
the remahider of the Town.
f. lmoact of the event on fire and on-
the areas C°nti~uOUs to f he'Le~e'fi~
the Town in genera!,
fore the observance of Memorial Day ti0n or oroceedine in a court of cornDe.
until Labor Day. , , tent inrisdictinn ;t~/a~l comollamm
7. For any ev~nt that is not on orot~ with or to restrain by iniunction the rig-
suanem of the ~-'rmit ~ tm~m t~,,- *
there is no ~ozific Town benefit frnm
' If ~ny claUSe, sentence, pnrslg~ph
section, or part of this Local L~w shell
of Slate as providnd by taw.
Dated: A~ri124~ ~012
NOTARY PUBLIC-STATE OF NEW YORK
No. 01VO6105050
Quallfle;i In Suffolk County
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,
there has, been presented to the Town
I~rd of the Town of Southold. Suffolk
C~nty. New York, on the 24th day of
A~riL 2012, a Local Law entitled "A L_o-
'~ ~EdREBY FURTHER
~l)oter 205, ~lthllc E~ertainm~nt
~ reads a~ollows:
Events'_'.
ex~hibition, amusemen_t or activity wi~h
_coeds the lawful occupancy of the Publi~q
-'
~the followjfi~'
1lc: -
$) the .placement of temnorary
9) the use of any Town services
~205.Z Permit reouired.
and the health safety and welfare of
Town. o~So th [d n as~ecialovvtd_
~alaed in accordance wiih
~t forth in this chap.
rrn ev t r e 'esofslm~larevent8
Lnol to exceed in a men h cried)
~ size and Scope_
~205-3. Analicat~ouirem~nts'
Information and material to be s!!bz
~h an ap~ a soeci.,q!
~ im:ludes the foli_c[f:
· nme address and telephony
n~mberfs f~--L~rson ts) who
be oreanizin~nd who can hr
co tacted rio to and durin~ the event
co lacte0 rio to and d
~Ltown officials;
b.~e addressee the ev t location
~s and hours~of
~udlng set uu and shu_-
~ed maxbe~mber 9-f
~nd collectively, nc tiding
and s~ectat ors/particinant s;
e. Expected numbers of automobil~
and other vehic~to use th~
rlX~ertv at one lime and callectivq!y;
f. The na._me, eddress~and teleDhon_:
number of the verson S~o will be
~ed in th~on and/or sa~
~nd a co~v of tile
State Linuor Authority License
~ent 0~ Heafl~h Service_s
ermn_ numer for the aclivil~
~r of any security comoan_y
which will work 9!!~he n_remises, aqr!
~ of the duties to he pe_r-
~tilized for the event. Al! tents erect_ed~
m c~onnectinn with an event will reauire
an_ a~blieation o and the annroval of the
Buildine Department
~icatinn tha~t the properly
where the event is to lake blace is nnt
su~biect to a_n_v covenant or restrictir,,j
~ its use. _of ~he use is restricte!]
~sement or o herwise, a copv Of i,
surv~ev or diagram depictin~ the ease
m~ent area end__any reserved area Wbel'e
development riehts are intact.
~icant must pr~i~e a certifi-
cate of ~eneral liability insurance
jn£ the Town of Southold as an addition
al insured with limits of 2 m lion d-o
~er occurrenq_e or such other hmit
2. An anblication fee in the following
~. $250.00 for events with up to 25{)
_b. $350.00 f_or events with 251 to $09
c. $450.00 for events with 501 to 749
attende¢_s
cl. $550.00 for events with 750 to ¢99
~. $650.00 for events with 1.000 _or
more attendees
f. Aoblications that are submitted less
_than slaw (601 days nrior to the pro
posed event may he reincted or subject
~oa late processint fee of $250.00 '
3~A eeneral descrintion of the p!'_o-
~osed event inciudlnT
a. The Dumose of the event and de-
scrivtion of the nature of the aclivifies t~
~ carried on and the admission fee to !~
charted, if any;
IX Names of erout~s, oreanizations~
charities or individuals who shall benefit
from the proceeds of the event
4~A ~arkin~/event alan sh'~vinl,-
~The size of the ~rooertv ah;i its 1o
cati~on in relation to abuttine street~ o~r
b.~e size and location of any exist-
~ heildine(s} or structure(s} that
be in overation durine the course of the
e~vent and any proposed buildinn, struc-
lucre or signs to he erected temporarily
for the event; '-
c. The location of the state or tents
if an_y;
d~ The deslanated areas of use for
s~ectators` exhibitors, veedom, emalov
_ecs and ornadiz¢.rg
c. Location of all
f. The location of all fire extinedishe.m_
and other fire safety eoalvmen!;
~, The location of alt temvorarv utili-
ti_es to he installed for the event, if any;
h. The layout of any parkinn area far
a~utomobiles and other vehicles and th~
~arkine areas. The oarkine soaces must
i. A traffic control Plan for vehicle,~
enterine and leaving the slt~for the pro-
posed evellL
i. Plan for the use of live outdo~l.
!!l~sic. IoudsrJeakers and oth~r s0undq_
_which will be used. if any and the type
a~facilities related to the creak
~cation and description of any
additional liehfin~ to be utilized in con-
. g~L. ocafion of sanitar~ fac ties _on_
~A description of any siwna~e to be
displayed adlaeent to a Town__county
~tate road. includin~ size, !_o~ion an_d
dates of all,pin_y,
6. ZBA ChairPerson may require lt!C
apvlicant to send and nrovici_¢ certifies.
Lion that written notice was sent to eying
Ire property where the ?eh is to he
held. as shown on the currenl Town
~outhbld assessment roll. and directlE
flWou~h a street or right-of-way} of ti.
grooertv that is the sublegt o~f the an-
~ Said notice shall include
date· time and location of the nrouosed
7. Notwithstandin~ the fore~oine, thc
Cheiroerson o~f the Zonin~ Board o~ ~',}
peals shall have the discretion_ to waive_
tills Section ....
dure and Standard*-
~plications for a snecial
12g_rmit must be _submitted at least _si~A.y
L~) days nrior to a oronosed event to
a~plications that are incomplete will ndt
_2. When the Chairperson of the Zorn
Ln£ Board of Aupeals determines sai~l
a~l~lication is comblete, the Chaimer-
~mentation to any Town. County Or
State a~encies that may have inrisdie
lion over the event for their review an~l
C~mment on any of the cr erin ~et f~{~
in §205-415~ of this Article. Such r~f¥~-
rals may include tlie Police DeDartmen_L
the Plannine Denartment. the Bdildin_~
Deoartmedt. the Land Preservation
D_epartment. the' Code Enforcemen_i
T~ovnl Attorney, -
Cheirverson of the Zonin~ Board
ne~l~ shell determine whether to reouire
4. If no revisions are reoinred or. upon
tile submission of a revised aDblicatifi.
~e Cheiruerson of the Zonine Board of
Aoveals may deny or approve the aool]~
~ation with conditioq~
5, In deterrnialne whether to eranta
svecial event oermiL the Chaimerson'~{
t2he Zonin~ Board of Anneals shall coq-
si_Ber the following-
a. the size and ca cit o the site to
a~;commodate the proposed even~: b~the facilities available;
~he availability of hlahwav and oth-
er means of transnortatinn to and frail
the site: '
d. Impact of the event on the safe ~n.d~
o~'deriv movement of traffic within and
conti~uon_s to the eveqv
_e. Need for the Town to tmlice such
evenL and whether the numbers of
lice officers assigned to oroverlv vollce
.such event will prevent the Town fmffi
providine adeauate tmllce vrotection
~e remainder of the Town
f.~Imoact of the event on fire and ~
lice protection ned ambulance service to
the areas continuous to the ~¥eir t and t~
the Town in aenera]
e. Impact of {he event on the move
~nt of fire~fi~htin~ eoaloment or am
balance service to the Town or to ar~n~
contlauous to the eveq{
h. Whether the owner, aoblicant or
_event $~onsor has violated a oreviou$1~
i. Verification that there are no out
slandin~ violations on the oronert¥
which the event will be held Or any _oqtc
standine or unsatisfied conditions of a
!own a~encv anproval, incindine but noi
Ii_mired to those of the Pinrmine Board_
ortheZonin Bo rd fA als.
i. Verification that the erant of the
permit will not violate any existine cee'
k. Whethera permit has been
substantially similar to the event aobli~,~
r~dius of e~lch oth~mon o_f
~nDeals will
t~r!Rine if there step. igC!ate resources
~ events, If there are not sufficie~,~
Board ofA~veals s~all deny o~l~or mu,
vermits ff the imnacts of the events ca,,- ~vith. the Tovai mav~erv¢ the nerllaittee'~
not fie mitigated. When deciding~wh a~ent, a noti~eciq[
v~Egllt to deny. the ChaimerS°n of th, ep~cmll sr, eeifvine the
Zonin~ Board of AnDeals shall consld~ ~ t~e nermRdL~Olas not comblleq ~ thc
~ the event is recurri!!l~
i' W~er the site has been saltier{
Lo ~.~'inlation within the last three vear~
~. The date the hermit apblicatioH
a~vear, the Chail~erson of the Zon(~
~ in formationznl~lied in the
glication. The Zonin~ Board of An~eM.
~h~irl~rsorl or the Town Board may. fo.,
g°g°g°g°~ cause- modify or rescind such t~-'!~
~ Any other matters that relate~ lQ comblv with a written notice or order of
t~ health· safety and welfar¢ of he ~en '
eral nubhe, - a~v Director of Code Enforcement. Zen
-- - ~ Ins~eclor or the Southbld Police De
~ event held on property owned
leased or controlled by the Town 9r_a
~gcial District within the Town. or any
event where the exnected attendane~
_exceeds 1.0130 peovle shall he sublact t_o
apvroval by resolution of a maiority dig
Town Board. In reviewine anblicati_oia_s
for such events, the Town Board mag
consider the f0ilowine criteria in addi
lion to the criteria set forth above:
~The size of the premises in ;~lafio!!
lo the number of Deoble attendine
_b. The sufficiency of arrangements
~ade to control traffic, parkinm noise,
c. The freouency of events proposed _of
aPProved for the ~remises and whether
~the frenuenev is so crest that the event~
~onsthute a verslstent usaee of the orop
~rtv incompatible with ils ehetactet ,Cf
with that of the surroundine are.a.-
_cl. Conflicts with ordinary nubile
of the land or facilities involved:.
9. Whether the aobllcant has been
convicted for failure to comely wji
t_he terms of this chanter within the
Lhree veers: a!!cl_
f. Adherence to the Town Board
policy of diseouraeine events at Tow!!
beaches and parks from the Friday b~-
fore the observance of Memorial
7. For any event that is not on nrop
_ertv owned, leased or controlled by the
_Town. a deaD,it shall he made in On_
pertinent within the time fixed for c_o!!!r
aliance therewith, the owner, occuo{!ffi
or their scents or any other Demon who
c~m[nits, takes Dart or assists in the co~!~
m~ssmn of any such offense or who shall
tail to corablv with a wfiRen order of the
Director of Code Enforcement. Zonin~
L~svector or the Southold Police
meat shall be subiect to the fbllowi~f;
a. Failure to obtain a hermit. Any
person conductin~ a snecial event that
is reealated under this chamer within'ii
first obtainin~ a hermit accordine to th
~rocedures outlined herein shall be
Lect to a fine not less than $500.00 and
not more than $1.0fi0.00
Ix Failure to comply with the ter~s
o~f a vermit. Any nerson failin~ to cpm
ply With the terms of a uennft she I
_subiect to a fine Of:not less'than
and not m~re thall $1z500.00' For
~ubseouent offense, violator shall he
euilty ora misdemeanor nualshable by ,3.
fine not les~r than $500.00 nor more than
$5.000.00,
C. No new special event vermits
be issued to any nronertv owner.
pant or their a~ent if they are a named`
defendant in an outstandin~ or unr¢r
~olved violation of this Chapt _er,
D. The Town may also maintain an
tion ~r pr..oc?ding in ~ court of gornm.~
lent mnsdicbon f~ta~l comblla~¢e
with or to restrain by ininnction thc vi~
lation of this chapter.
m. SEVE~BiLiXV
amount to he determined prior to i~ If any clause, sentence, paragraph,
s~sanee of the Permit based u~on th ~ section_, or part of this Local Law shall
estimated direct costs attributabla ~0 ~ be'~z~
additional nolice and hinhwav costs aq- jurisdiction to he invalid, the judgment
soeiated with the event. After the even_g,
Lhe deposit will be used to cover suer
costs and any monies remainin~ will h~
returned to the anIMie~n!
8_. For any event that is tO be held O~
~nd owned, leased or controlled by the
Town of Southolc];
a. the aDblicant shall nay a clean n_p
d~eposit of $250; and
b. Where the Town determines that
~here is no s~ecific Town benefit
Ihe event or that the event is conducted
for profit, a dm~sit shall be made in ~
amount to be determined prior to iM
~ of th~ ~rmit based uoofl the 10,6TS-ITSII0
estimated direct costs attributable to
~dditinnal nolice and hinhw~lv costs a~
s_ociated with the event. After the eveq~.
the devosit will be used to cover such
costs and any monies remainin~ will be
r~turned to the anblican~
9. Notwithstandine the foreaoine, the
To,va Board shall have the discretioll ~fl
wmve anv am~llcatinn reauirement set
forth in this Chapter, '- '
10. A s~ecial event ~ermit is not teens
ferrable and shall exvire at the close
the event(s) for which it is issued.
1~: The special event hermit issueq
hereunder shall be dlsntaved og the
premises durin~ the s~ecinl event and
.shall be available for insvection by a P9
lice officer or other enforcement officer
of the Tows n_von reouest
L2. Apvheafions for ignt hermits re
qdired roi' any event m~st be submi,,~
shall not affect the validity of this law as
a whole or any part thereof other than
the pert so decided to be unconstitution.
al or invalid.
ry. EFFECTIVE DATE
This Local Law shall take effect im-
mediately upon filing with the Secreta~
of State as provided by law.
Dated: April 24; 2012
BY ORDER OF
THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Town Clerk
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the '4 ~' day of FO/~ y' ,2012, she affixed a notice of
which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County, New York, to wit:
Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York.
Re: Special Events 5-22-12
d~iizabeth X.--Neville~'--(
Sworn before me this
~t~ day of "/T'JF_t.d- ,2012.
O
~'-~ ~-ar'y Publ(c
LINDA O COOPEFI
NOTARY PUE. I lC. St.':I(, .:ff New York
NO. 0 cQ-I5 ~£:'~ J3. 'SI.Loik C,)'.4
Term Expires December 31,
Southold Town Clerk
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
MARTIN H. SIDOR
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
RECEIVED
IJAY 2 .-~-2012
To:
From:
Date:
Elizabeth A. Neville, Town Clerk
Donald J. Wilcenski, Chairman ~.~
May 22, 2012
Southold Town Clerk
Re:
Resolution Numbers 2012-"380 & 381: "A Local Law in Relation to
Amendments to Chapter 205, Public Entertainment and Special
Events of the Code of the Town of Southold.
Thank you for the opportunity to provide comments on the proposed
amendments to the Town Code referenced above.
The Planning Board has reviewed the proposed amendments and agrees there
is a need for a more specific code on special events, however the definition of
"Special Events" as drafted appears to encompass more than was intended and
should be regulated. The definitions and details in this code should be
reconsidered in light of the economic goals of the Town.
CC;
Scott Russell, Town Supervisor
Members of the Town Board
Town Attorney
MAY. 22.2012-10:20AM N0.725 P. 1
O ~'~'ICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. MEn Rd. & Youngs Ave.)
· Southoid, N'Y 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY I1971
Telephone: 63! 765-1935
F~x: 631
LOCAL WATERFRONT REVITAI.IZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell
Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
RECEIVED
~A'f 22 2012
Sou~hoH To~m rlerl~
Date: May22, 2012
Re: A Local Law entitled "A Local Law in relation to Amendments to Chapter 205,
Public Entertainment and Special Events"
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 Beard shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
Jennifer Andaloro, Assistant Town Attorney
COUNTY OF SUFFOLK
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning
RECEIVED
tlAY 1 6 2012
$outhold Town Clerk
Joanne Minieri
Deputy County Executive and Commissioner
Division of Planning
and Environment
May 11, 2012
Town of Southold
PO Box 1179
Southold, New York 11935
Att: Ms. Elizabeth A. Neville, Clerk
Applicant:
Zoning Action:
Public Hearing Date.:
Resolution No.:
S.C.P.D. File No.:
Dear Ms. Neville:
Town of Southold
Amendment; Chapter 205 (Public Entertainment &
Special Events)
May 22, 2012
#2012-380 & 381
SD- 12-LD
Pursuant to the requirements of Sections A14-14 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. A decision of Local Determination
should not be construed as either an approval or disapproval.
Very truly yours,
Sarah Lansdale
D~ of Planning
Andrew P.
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
RECEIVED
MAY 2 2 201
Long Island Wine Council
,outhol4 Town Cler
Comments on Southold Town Resolution 2022-380:
'A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events"
Introduction:
Last September, the Long Island Wine Council provided comments on draft changes to the Zoning Code
related to permitted uses for farm wineries in A-C, R-80, R-:120, R-200 and R-400 Districts. At that time
we urged that the Zoning Code be updated to reflect current New York State law and practice prior to
adopting any new special events legislation. We continue to believe that the application of the new
special events rules, based on permitted uses for farm wineries adopted some 25 years ago, may lead to
subjective and arbitrary interpretation and enforcement. As a result, we are once again calling on the
Town Board to amend the zoning rules pertaining to farm wineries before passing any new special
events legislation.
Notwithstanding our concerns about the application of the proposed law using outdated definitions of
permitted uses related to farm wineries, we find the text of the new legislation flawed in a number of
areas. We provide comments below and call upon the Town Board to re-open the Task Force discussions
so that these problems can be addressed to the satisfaction of all parties concerned. Failure to do so
will certainly undermine the viability of our industry and its ability to draw tourists to the Town of
Southold with significant impacts throughout the local economy.
Specific Comments - Proposed Chapter 205 Amendments:
Section 205-1. Defintions.
SPECIAL EVENT - The proposed law is sweeping in its scope, drawing in not only events on commercially
or towmowned property, but virtually any event or "temporary gathering" on private property involving
attendance that exceeds building occupancy or parking capacity, the use of amplified sound, or the
"disruption of the normal flow of traffic." In other words, under the proposed text, almost any well-
attended event, whether it be an outdoor marketing activity at a small farm winery or a backyard
celebration at a private residence would require a permit at a cost to the host of at least $250.
We would suggest that the definition of "Special Event" be revised to address particular problems
associated with "public peace, good order and the health, safety and welfare" that might reasonably be
anticipated as a result of certain types of events held in the Town. Such a revised definition might be
worded as follows:
SPECIAL EVENT-Any temporary gathering, demonstration, pe~ormance, exhibition, amusement or
activity that is conducted or sponsored by a person, organization, entity or association, including but not
limited to carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs,
marathons, bicycle races or motorcycle rallies, and which in valves one or more of the fo/lowing:
i)
2)
the closing of a public street;
the use, blocking or restriction of Town property or rights of way;
the use of amplified sound resultinq in noise pollution as defined in Chapter 200 of this Code;
4)
S)
6)
the substantial increase or disruption of the normal flow of traj~ic on any street or high way;
the placement of temporary no-parking or directional signs or banners;
the use of any Town services that would not be necessary in the absence of such an event
Section 205-2. Permit Required.
We appreciate that the proposed legislation has provided for the possibility of a single permit for a
"recurring event or series of events," which is an idea we had proposed during the Task Force
discussions. However, we would point out that this is an important example of why it is necessary to
revise the zoning rules related to farm wineries before proceeding with this legislation. Under the
existing zoning rules, some direct marketing activities at farm wineries are not expressly defined as
permissible uses even though they are allowed under New York State law and, in many cases, now
considered acceptable practices by Town officials. Until such activities are clearly defined as
constituting either normal business operations or special events, there will be uncertainty as to which
activities require permits either as a single event or a recurring series of events.
Example(s): A farm winery with a relatively small tasting room (lower building occupancy) offers live
music on property (amplified music); and/or hosts an art show, book signing, etc. (involving the sale of
merchandise); and/or sells or offers "food to compliment a wine tasting" (sale or service of food).
If these types of activities are conducted either individually or on a recurring basis as part of regular
marketing during the summer months, are they considered normal business operations or special events
requiring permits? If they are to be defined as "special events" is it really necessary to restrict such
activities to no more than 6 in a three-month period?
Once again, we would propose that the Zoning Rules related to farm wineries be revised in order to
clarify such questions so that the answers are both updated and codified to avoid confusion. We would
also propose that any provision for multiple event permits be issued seasonally rather than on the basis
of a set number over a defined period. By doing so, the Town would still maintain its ability to review
planned activities with contingency plans for large attendance or increased traffic, but would also allow
some flexibility in the hosting of smaller, recurring marketing activities. The last line of Section 205-2
would thus read as follows:
"The Zoning Board of Appeals o~ice may accept a single application for a recurring event or a series of
similar events ,~not tc ~x~d 5 in = ~ .-..~nth ~.~r!~d) (orqanized on a seasonal basis) that are of like size
and scope."
Section 205-3. Application Requirements.
Paragraph 2 provides a progressive price scale for permits according to different levels of the
anticipated number of attendees. Although we understand that the proposed legislation will result in
added administrative costs for the Town, especially if many regular marketing activities are re-classified
as special events, we consider these prices exorbitant. This will be particularly true for re-classified
marketing activities at smaller venues where the cost of the permit may exceed expected profit margins
after staffing, product costs, etc. Additionally, we consider the "late processing fee" to be another
significant impediment for hosting marketing opportunities that may arise within the 60-day time limit.
We would propose starting the assessment of any application fees at an attendance number that could
conceivably pose risks to "public peace, good order and the health, safety and welfare." We would also
urge that the whole cost scale be reduced to better reflect economic realities associated with such
events. Finally, we would propose a considerable reduction in the late processing fee, especially for
smaller events which would essentially face a doubling of the permit costs under the proposed scale.
Paragraph 7 gives the ZBA Chairperson the discretion to waive any application requirement. It would be
very useful for the law to explain what criteria the Chairperson would use to decide on such a waiver so
that applicants could try to fit within those guidelines and thus avoid the administrative and cost
burdens associated with the full process. We would note that a seasonal permit would be a significant
step in the right direction on this point.
Section 205-4. Application Review Procedure and Standards.
The second sentence of Paragraph I of this section suggests that late applications "will not be accepted
or processed." This contradicts the preceding Section which allows for processing such applications with
a late fee. These provisions should be made consistent with the addition of the late processing
possibility in this paragraph.
Paragraphs 2 and 3 refer to the procedure for reviewing an application, outlining other agencies that
may be involved and whether the comments received from those agencies would require changes to an
application. Paragraph 4 then explains that a final application may be denied or approved with
conditions by the Chairperson of the Zoning Board of Appeals. We are very concerned that there is no
time limit established for the completion of this process. For any direct marketing activity to have a
chance of success, it obviously needs to be promoted in advance. If the review process is drawn out for
an extended period, the ability to attract customers will be severely impacted or lost. Such a delay
would clearly undermine the viability of a particular opportunity and essentially result in a de facto
rejection of the event application.
We would urge that the review procedure be subject to a specific time limit (e.g., 10 days), if it is not
possible to complete the review process within that time frame, the application fee should be refunded.
Moreover, if at any time during the review process an applicant believes that the potential success of an
event is being compromised by the review delay, it should be possible to withdraw the application with
a full refund.
We would also expect that any denial of a permit be accompanied by an appropriate and clear
explanation of the reasons so that any problems with such applications could be rectified or addressed
in the future.
Subsection I of paragraph 5 once again demonstrates the need to clarify what constitutes a special
event compared to normal business marketing operations. Although we would assume that this refers
to large events that would create excess traffic or noise, under the current definitions it could also apply
to activities at smaller venues. Given the location of farm wineries and many other businesses within the
town, there is no question that multiple direct marketing activities will occur within a half mile radius on
almost any weekend. The text then provides considerable latitude to the ZBA Chairperson to decide
which businesses can proceed with their "special event(s)". In the absence of a narrower definition of
special event in Section 205-1, we believe that this paragraph requires an attendance size threshold
similar to Paragraph 6: "If two or more events of an expected attendance of lO00 are scheduled..."
Paragraph 6 also refers to events held on property owned, leased or controlled by the Town or a
"Special District" within the Town. This term should certainly be defined in Section 205-~. because it
requires different criteria and a more formal review/approval process.
Similar to our earlier comment about Paragraph 7 of Section 205-3, Paragraph 9 gives the Town Board
the discretion to waive any application requirement. It would be very useful for the law to point out
what criteria the Town 8oard would use to decide on such a waiver so that applicants (and Town
officials) could avoid the administrative/cost burdens associated with the full application process.
Section 205-6. Penalties for offenses.
Paragraph B (a.) provides another strong reason why it is essentia~ to provide a dearer definition of a
"special event". It would obviously be both unreasonable and unfair to impose a $1000 fine on a
business that believes in good faith that it is simply conducting a normal direct marketing activity which
the Town retroactively declares to be a "special event" requiring a permit.
Conclusion:
We firmly believe that these comments clearly demonstrate the need for significant changes to the
proposed text before it can be enacted into law. We urge that the Town Board reconvene the Special
Events Task Force as soon as possible so that it can develop practical solutions to these concerns within
a reasonable time frame. We would also re-emphasize that the Zoning Code rules pertaining to wineries
must be considered at the same time to ensure that permitted uses are updated to reflect current New
York State law and practice.
5-22-12
RECEIVED
Malhng A,Idress:
P.O. Box 1547
Rivevhead, NY ] 1901
CHARLES R. CUDD¥
ATTORNEY AT LAW
445 GRIF:FINO AVENUI=
RIVERHEAD, NEW YORK
May 22, 2012
UA¥ 22 2012
~euthoM Town Cler~
TEL: (631) 369-8200
FAX: (~3i)
E-mail: chades.cudcly@vedzoa.net
Scott Russell, Town Supervisor
and Members of Town Board
Town of Southold
PO Box 1179
Southold, NY 11971
Re: Local Law-Special Events-Public hearing
Dear Supervisor Russell and Board Members:
I'm writing because other commitments will not permit me to attend the public hearing on the
proposed Local Law amendment to the Speoial Events section of the Town Code.
I suggest that the proposal before you is overreaching and imposes an unnecessary burden on a
large section of the connnunity.
hs breadth would surprise both sponsors and participants in regular social occasions. As written
it could extend to private home weddings, graduation parties and even special birthday parties.
Further, I assume these are unintended consequences. It could embrace annual events sponsored
by service clubs or volunteer organizations.
By this Local Law innocent, unsuspecting parties would be caught in a web of regulation w/rich
would require, among other things, a parking plan for a singular event by a local resident or
organization.
The Special Events proposal should be further reviewed, reconsidered and revised.
CRC:ik
Ve~ truly yours,
Charles R. Cuddy~
William Edwards
PO Box 1426
1600 Park Avenue
Mattituck NY 11952
(516) 330-4857
wpe~post.harvard.edu
RECEIVED
U AY 21
Southold Town Clerk
May 20, 2012
Town Board
Southold Town Hall
Southold NY 11971
To the Board:
Because I will be out of town on Tuesday May 22 during the public hearing on the proposed local
law No. 2012 regarding Public Entertainment and Special Events, I would appreciate your
reading the following comments aloud and into the record at the hearing regarding the proposed
legislation:
From time to time, 1 (like many other residents of Southold Town) have hosted small fundraising
events at my home for the benefit of political candidates or nonprofit causes I support. The
number of people attending these events has ranged from 25-75. Every Christmas Eve morning
for the past eight years we have hosted 40-50 guests to a private brunch at our home. Since there
are usually more cars than space on my property to park them, our guests park along the side of
Park Avenue, the quiet street in Mattituck where we reside. As a courtesy, I normally give the
police a heads-up call a couple days before the event as well as telling the affected neighbors of
my plans. When necessary, we arrange for someone to stay on the street to direct parking so that
the street is not impeded.
As I read the proposed legislation, the private events at my home would not escape the definition
ora Special Event under the code, and 1 think that is ridiculous. The law dictates that I have
exceeded the parking capacity of the site as soon as a single guest has parked on the public street,
and since of course I serve food at these events, any such event I host qualifies as a "Special
Event" under the definition in the proposed code. These two conditions alone would require that
1 drive to Town Hall with $250 and a an outrageous amount of paperwork per section §205-3
(Application Requirements) at least 60 days beforehand. I cannot believe this was ever the
intention of the Town Board, but that is how the legislation reads. $250 to hold a private
Christmas party?
Page - 1-
The glaring defect of this legislation is that it draws no distinction between public and private
events. Last night I attended a dinner party in Greenport at which thirteen people sat down to the
table. According to the legislation, our host (a "person"), whose parking capacity was not
sufficient for the guests' cars, and whose dinner involved the "service of food," would under this
law be required to go through the whole procedure 60 days in advance including the $250
payment and all th paperwork. Do you REALLY want every dinner party involving street
parking by guests to fall under your legislation?
1 am also concerned at the level of discretionary authority the legislation appears to give to the
Chairperson of the ZBA. Many political events (from small rallies to fundraisers) are held on
private property and would qualify as Special Events covered by the proposed legislation. Since
we can expect that any ZBA Chairperson will be a member of a political party, the legislation
invites him/her to use the legislation to place extra burdens on applications from members of the
opposite political persuasion.
I urge you to start over and next time don't use a shotgun where a BB gun would better serve.
This is sloppily written legislation and the Town deserves better.
When I first heard of the Special Events Task Force I dispatched an email to Supervisor Russell
offering my time and experience toward the project. That offer still holds.
Sincerely,
Page -2-
MAY 2Z2012'-10:21AM N0.726 P, 1
Appendix C
State Environmental Quality Review
SNORT I=N¥1RONM£NTAL ASSESSMi=NT FORM
For UNLISTED ACTIONS Only
PART I - PROJECT INFORMATION (To be completed by A~plicant or project sponsor)
1, APPLICANT/SPONSOR J2. PROJECT NAME
Town of Southold [Chapter 205, Public Ent~:rtaintnent and Special Events
3 PROJECT LOCATION:
Municipality Sou~o[d County Snff'olk
4. PRECISE LOCATION (S~reet address and mad (nterse~iofls, prominen[ Jandrnarks. etc., or pfovlde map)
Town-wide
5. P REPOSED ACTION IS:
[] New [] Expansion
[] Modlflcatian/a[teratien
6. DESCRIBE PROJECT BRIEFLY'.
A Local Law in relation to Amendments to Chaptvr 205, Public Wntartainment and Special Events
7. AMOUNT OF LAND AFFEG ~ =us
Initially F/fi. acres Ultimately ~A ac~e~
WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[] Yes [] No If No, descl~e briefly
WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] Jndbstfial [] Commercial
Describe:
NA - the action affects reg~latecl actions Town-wide.
r--~Agricul[ure [] Park/Forest/Open 8pa~e [] Olher
10.
DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENTAL AGENCY
(~'EDERAL, STATE OR LOCAL)?
[] Yes [] No If Yes, list agenw(s) name and permit/approvals;
Approval from the New York Stat~ Depar~ent of State
11.
[rOe~ ANY ASPECT aP THE ACTION HAVE A CURRENTLY VAL D PERMfl' OR APPROVAL?
[] Yes ~ NO If Yes, list agency(s) name and penniFapprovals:
~ 2. AS A RESULT OF PROPOSED ACTION W~LL EXISTING PERMIT/APPROVAL REC~U RE MODIFICATION?
[]Yea ~]No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Apl~l[cant~spon$or name: Date; 5/'22/12
Signature:
OVER
MAY. 22.2012-10:2]AM N0,726' P, 2
PART II - IM,PACT ASSESSMENT (To be completed bi( Lead Agency)
A. I~)ES ACTION F~G~-~-L~ ANY T~PE I THRESHOLD IN 6 NYCRR. PART 617.47
[] Yes [] NO Ifye~, coordinate the review proc. ess and use the FULL EAF.
B. W1LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.67 If NO, a negative
declsraflon may be superseded by another Involved agency.
[~¥es [~]No
C. COULD ACTION RESULT IN ANY ADVERSE ,-Fi-I:,~T5 A$SOCIATI[D WITH THE FOLLOWING: (Answem may be handwritten, if legible)
Cl, Exi~l~ng air quality, suffase or gro~nCiwater quality or qua,qfity, nelse levels, ex~ting traffic pattern, solid waste pmducttan or disposal,
potential for erosion, drainage m floorJk~g problems? Explain bdelly:
None, expected
C2. Aesthetic, agd~ltul~l, atchaeoJogisel, hls~ori*, or other natural or Cultural resources; or communiLy or neighborhood chara~ler?l Explain briefly:
None expectant
C3. VegelsUon ~r fauna, fish, Shellfish or wildli/e species, significaat habitats, or threalened or endangered species'~ Explain briefly'
None expnetcd
Non~ expected
C$. Growth, subsequent da'~elopment, 0f relal~l activities likely to be induced by the proposed ac~on~ EXplain briefly:
None e~pcc~d
C6. Long term, shoR te~n, cumulative, or other effects not/denlJfled in Cq -CS? E~plain briefly:
No~e exj~ected
Other Impasts (including changes in use of either quantity or type of eneq~y)? Explain briefly;
None expected
WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHAP. ACTERISTICS THAT CAUSED TI-tE ESTASLISHMENT OF A CRITICAL
ENVIRONMENTAL AREA
[] Yes [] No If Yes, explain briefly:
E. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSy RELATED TO POTENTIAL ADVERSE ENV RONMENTAL MPACT$?
[] Yes [] No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, heron'nine whelher it is substantial, large, important or otherwise significant. Each
effect should be assessed in cOnnection with ils (a) setting (i.e. uFoan or rural); Co) probability of occuning; (c) duration; (d) irreversibility; (e)
geognaphic scope; end (f) magnitude. If Ilecessa~y, add attachments or reference supporting meterlals. Ensun] that explanations contain
aumcient detail to show that afl mrevant adverse impacts have been identified and adequately addressecL If question D et Part II was checi(ed
yes, the deten~inafion of significance must evaluate the laotentiel impact of the proposed aclion on the environmental characteristics of the CEA
] Che~:k this box ifyou have identified one or more potentiallylarge or algnifisant ad~,~me im pa ~.,~ which MAY occur, Then proceed dlrecUy to the FUL,
EAF and/or prepare a po~ifi~e declaration.
Town of Southold Town Board
Name of Lead Agency
Scott Russell, SuperviSor
Pant or Tyre Name of Responsible officer in Lead Agency
NOT result in any sign~c~ant adveme environmental impasts AND provide, on attachments as nec~'s~a~y, the reasons supporting this determlna~or
5/22./12
Slgllat~re of Responsible Ol~car in Lead Agency
Date
Page 1 of 1
Cooper, Linda
From: Candice Schott [cschott@timesreview.com]
Sent: Friday, May 04, 2012 9:15 AM
To: Cooper, Linda
Subject: RE: Special Events 5-22-12 PH Legal Notice
Hi Linda,
I have received the notice and we are good to go for 5/10 issue,
Thanks and have a great weekend!!
Candice
From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us]
~ent: Friday, Flay 04, 2012 9:02 AFl
To: tr-legals
Subject: Special Events 5-22-12 PH Legal Notice
Good morning,
Please confirm receipt of the Legal Notice of Public Hearing for the May 10 edition of the Suffolk Times.
Thank you and hope you have a good day and great weekend.
Icoop
5/4/2012
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS OF MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NewYork 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 4, 20:[2
Re: Resolution Numbers 2012 "380 & 381' "A Local
Law in Relation to Amendments to Chapter 205
Public Entertainment and Special Events of the
Code of the Town of Southold.
Donald Wilcenski, Chairman
Southold Town Planning Board
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Mr. Wilcenski:
The Southold Town Board at their regular meeting held on April 24, 2012 adopted the
resolutions referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law is also being sent to the Suffolk County Department of Planning for their
review. The date and time for this public hearing is 4:32 PM, Tuesday, May 22, 2012. Please
do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Southold lown £~erk
Enclosure
cc: Town Board
Town Attorney
ELIZABETH A. NEVILLE, MMC
TOWN CLERK
REGISTRAR OF ViTAL STATISTICS
MARRIAGE OFFICER
RECORDS OF 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
May 4, 2012
Re: Resolution Numbers 20:~2- 380 & 381 'A Local
Law in Relation to Amendments to Chapter 205,
Public Entertainment & Special Events" of
the Code of the Town of Southold.
Andrew P. Freleng, Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 1:~788-0099
Dear Mr. Freleng:
The Southold Town Board at their regular meeting held on April 24, 2012 adopted the
resolutions referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to this proposed local law and forward it to me at your earliest convenience. This
proposed local law is also being sent to the Southold Town Planning Board for their review.
The date and time for this public hearing is 4:32 PM, Tuesday, May 22, 2012. Please do not
hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Southold lown Clerk
Enclosure
cc: Town Board
Town Attorney
Southold Town Board - Letter Board Meeting of April 24, 2012
RESOLUTION 2012-380 Item # 5.33
ADOPTED DOC ID: 7817
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-380 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 24, 2012:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 24th day of April, 2012, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 205~ Public Entertainment and Special Events" 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
22na day of May, 2012 at 4:32 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 Chapter 205~
Public Entertainment and Special Events" reads as follows:
LOCAL LAW NO. 2012
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205~ Public
Entertainment and Special Events".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. Purpose.
It is the intent of this Article to establish procedures and requirements for conducting special
events in the Town of Southold to preserve the public peace, good order, the integrity of the use
regulations established under the Zoning Code, to properly provide for the health, safety and
welfare of the general public and to provide penalties for violations of the provisions herein.
Il. Chapter 205 of the Code of the Town of Southold is hereby amended as follows:
A
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Southold Town Board - Letter Board Meeting of April 24, 2012
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Southold Town Board - Letter Board Meeting of April 24, 2012
§205-1. Definitions.
PERSON - Any association, partnership, corporation, cooperative group, trust or other entity, as
well as an individual.
SPECIAL EVENT - Any temporary gathering, demonstration, performance, exhibition,
amusement or activity with expected attendance that at any time exceeds the lawful occupancy of
the public area of the building, the parking capacity of the site or that is not currently a permitted
use of the property in the applicable zone, that is conducted or sponsored by a person,
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Southold Town Board - Letter Board Meeting of April 24, 2012
organization, entity or association, including but not limited to carnivals, circuses, fairs, bazaars,
outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies,
and which involves one or more of the following:
1)
2)
3)
4)
5)
6)
the closing of a public street;
the use, blocking or restriction of Town property or rights of way;
the use of amplified sound;
the sale of merchandise to the public;
the sale or service of food to the public;
the substantial increase or disruption of the normal flow of traffic on any street or
7)
8)
9)
highway;
the placement of portable toilets;
the placement of temporary no-parking or directional signs or banners;
the use of any Town services that would not be necessary in the absence of such an event
§205-2. Permit required.
To preserve public peace, good order and the health safety and welfare of the residents of the
Town of Southold, special events shall be prohibited in the Town of Southold, unless a special
event permit is obtained in accordance with the requirements set forth in this chapter. The
Zoning Board of Appeals office may accept a single application for a recurring event or a series
of similar events (not to exceed 6 in a 3 month period) that are of like size and scope.
.~205-3. A~Dlication Requirements.
Information and material to be submitted with an application for a special event permit includes
the following:
1. A completed Special Event Application Form which includes the following information:
a. Name, address and telephone number{s) of the person (s) who will be organizing
the event and who can be contacted prior to and during the event by town
officials;
b. The address of the event location.
c. Proposed dates and hours of the special event, including set up and shutdown
times;
d. Expected maximum number of persons intended to use the property at one time
and collectively, including organizers, employees, vendors, exhibitors and
spectators/participants;
Expected numbers of automobiles and other vehicles intended to use the property
at one time and collectively;
The name, address and telephone number of the person(s) who will be engaged in
the preparation and/or sale of food, alcohol, beer and a copy of the State Liquor
Authority License and County Department of Health Services permit number for
the activity.
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Southold Town Board - Letter Board Meeting of April 24, 2012
g. Name and address and cellular telephone number of any security company which
will work on the premises, and a description of the duties to be performed.
h. The dimensions of any tents to be utilized for the event. All tents erected in
connection with an event will require an application to and the approval of the
Building Department
i. Certification that the property where the event is to take place is not subject to any
covenant or restriction limiting its use, or if the use is restricted by easement or
otherwise, a copy of a survey or diagram depicting the easement area and any
reserved area where development rights are intact.
j. The applicant must provide a certificate of general liability insurance naming the
Town of Southold as an additional insured with limits of 2 million dollars per
occurrence or such other limit as may be required by the Town Board.
An application fee in the following amounts for each event:
a. $250.00 for events with up to 250 attendees
b. $350.00 for events with 251 to 500 attendees
c. $450.00 for events with 501 to 749 attendees
d. $550.00 for events with 750 to 999 attendees
e. $650.00 for events with 1,000 or more attendees
f. Applications that are submitted less than sixty (60) days prior to the proposed
event may be rejected or subject to a late processing fee of $250.00.
A general description of the proposed event including:
a. The purpose of the event and description of the nature of the activities to be
carried on and the admission fee to be charged, if any;
b. Names of groups, organizations, charities or individuals who shall benefit from
the proceeds of the event.
A parking/event plan showing:
a. The size of the property and its location in relation to abutting streets or
highways;
b. The size and location of any existing building(s) or structure(s) that will be in
operation during the course of the event and any proposed building, structure or
signs to be erected temporarily for the event;
c. The location of the stage or tents, if any;
d. The designated areas of use for spectators, exhibitors, vendors, employees and
organizers;
e. Location of all exits[
f. The location of all fire extinguishers and other fire safety equipment;
g. The location of all temporary utilities to be installed for the event, if any;
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Southold Town Board - Letter Board Meeting of April 24, 2012
h. The layout of any parking area for automobiles and other vehicles and the means
of ingress and egress for such parking areas. The parking spaces must allow for
300 sq. ft. per car.
i. A traffic control plan for vehicles entering and leavin~ the site for the proposed
event.
Plan for the use of live outdoor music, loudspeakers and other sounds which will
be used, if any and the type and location of speakers and other audio equipment.
k. A description of emergency access and facilities related to the event.
1. Provisions to dispose of any garbage, trash, rubbish or other refuse.
m. Location and description of any additional lighting to be utilized in conjunction
with the event[
n. Location of sanitary facilities on site.
A description of any signage to be displayed adjacent to a Town, county or state road,
including size, location and dates of display.
ZBA Chairperson may require the applicant to send and provide certification that written
notice was sent to every property owner abutting or adjacent to the property where the
event is to be held, as shown on the current Town of Southold assessment roll, and
directly opposite (by extension of the lot lines through a street or right-of-way) of the
property that is the subject of the application. Said notice shall include the date, time and
location of the proposed special event.
Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals shall
have the discretion to waive any application requirement set forth in this Section.
§205-4. Application Review Procedure and Standards.
All applications for a special event permit must be submitted at least sixty (60) days prior
to a proposed event to the Zoning Board of Appeals office. Any applications that are
incomplete will not be accepted or processed.
When the Chairperson of the Zoning Board of Appeals determines said application is
complete, the Chairperson shall distribute said application and documentation to any
Town, County or State agencies that may have jurisdiction over the event for their review
and comment on any of the criteria set forth in §205-4(5) of this Article. Such referrals
may include the Police Deptmment, the Planning Department, the Building Department,
the Land Preservation Department, the Code Enforcement Department, Fire Safety
Inspector and Town Attorney.
Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall
determine whether to require revisions to the proposed event application.
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Southold Town Board - Letter Board Meeting of April 24, 2012
If no revisions are required or, upon the submission of a revised application, the
Chairperson of the Zoning Board of Appeals may deny or approve the application with
conditions.
In determining whether to grant a special event permit, the Chairperson of the Zoning
Board of Appeals shall consider the following:
a. the size and capacity of the site to accommodate the proposed event;
b. the facilities availablel
c. the availability of highway and other means of transportation to and from the site;
d. Impact of the event on the safe and orderly movement of traffic within and
contiguous to the event;
e. Need for the Town to police such event, and whether the numbers of police
officers assigned to properly police such event will prevent the Town from
providing adequate police protection to the remainder of the Town.
f. Impact of the event on fire and police protection and ambulance service to the
areas contiguous to the event and to the Town in general.
g. Impact of the event on the movement of fire-fighting equipment or ambulance
service to the Town or to areas contiguous to the event.
h. Whether the owner, applicant or event sponsor has violated a previously issued
special event permit;
i. Verification that there are no outstanding violations on the property at which the
event will be held or any outstanding or unsatisfied conditions of a town agency
approval, including but not limited to those of the Planning Board or the Zoning
Board of Appeals.
j. Verification that the grant of the permit will not violate any existing covenants or
easements on the property.
k. Whether a permit has been granted for a prior event that was the same or
substantially similar to the event applied for;
1. If two or more events are scheduled for the same date are within a half mile radius
of each other, the Chairperson of the Zoning Board of Appeals will determine if
there are adequate resources for the events. If there are not sufficient resources to
ensure public health and safety, the Chairperson of the Zoning Board of Appeals
shall deny one or more permits if the impacts of the events cannot be mitigated.
When deciding which event to den,/, the Chairperson of the Zoning Board of
Appeals shall consider the following:
i. Whether the event is recurring
ii. Whether the site has been subject to a violation within the last three years.
iii.The date the permit application was submitted.
iv. If events occurred the prior calendar year, the Chairperson of the Zoning
Board of Appeals shall consider what their impact was on that area of the
Town
v. Whether the event will yield a donation to one or more local charities.
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Southold Town Board - Letter Board Meeting of April 24, 2012
m. If an applicant is requesting a special event permit that was held the previous
year, the verification must be submitted from those charities listed on the previous
application.
n. Impacts on adjacent property owners and the surrounding neighborhood; and
o. Any other matters that relates to the health, safety and welfare of the general
public.
Any event held on property owned, leased or controlled by the Town or a Special District
within the Town, or any event where the expected attendance exceeds 1,000 people shall
be subject to approval by resolution of a majority the Town Board. In reviewing
applications for such events, the Town Board may consider the following criteria in
addition to the criteria set forth above:
a. The size of the premises in relation to the number of people attending the event;
b. The sufficiency of arrangements made to control traffic, parking, noise, lighting
and refuse;
c. The frequency of events proposed or approved for the premises and whether the
frequency is so great that the events constitute a persistent usage of the property
incompatible with its character or with that of the surrounding area;
d. Conflicts with ordinary public use of the land or facilities involved;
e. Whether the applicant has been convicted for failure to comply with the terms of
this chapter within the past three years; and
f. Adherence to the Town Board policy of discouraging events at Town beaches and
parks from the Friday before the observance of Memorial Day until Labor Day.
For any event that is not on property owned, leased or controlled by the Town, a deposit
shall be made in an amount to be determined prior to issuance of the permit based upon
the estimated direct costs attributable to additional police and highway costs associated
with the event. After the event, the deposit will be used to cover such costs and any
monies remaining will be returned to the applicant.
For any event that is to be held on land owned, leased or controlled by the Town of
Southold:
a. the applicant shall pay a clean up deposit of $250; and
Where the Town determines that there is no specific Town benefit from
the event or that the event is conducted for profit, a deposit shall be made
in an amount to be determined prior to issuance of the permit based upon
the estimated direct costs attributable to additional police and highway
costs associated with the event. After the event, the deposit will be used to
cover such costs and any monies remaining will be returned to the
applicant.
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Southold Town Board - Letter Board Meeting of April 24, 2012
Notwithstanding the foregoing, the Town Board shall have the discretion to waive any
application requirement set forth in this Chapter.
10.
A special event permit is not transferrable and shall expire at the close of the event(s) for
which it is issued.
11.
The special event permit issued hereunder shall be displayed on the premises during the
special event and shall be available for inspection by a police officer or other
enforcement officer of the Town upon request.
12.
Applications for tent permits required for any event must be submitted directly to the
Building Department.
§205-5. Modification or rescission of permit.
If, after a permit is issued, the Chairperson of the Zoning Board of Appeals or Town Board
determine that any of the representations and/or statements contained in the application are
materially inaccurate or any of the conditions of the permit have not been complied with, the
Town may serve the permittee's agent, a notice of rescission of special permit specifying the
manner in which the permittee has not complied with the terms of its permit and/or identifying
the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson
or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon
conditions.
§205-6. Penalties for offenses.
It shall be unlawful for any owner, occupant or their agents or any other person to fail to
comply with any provisions of this chapter or to fail in any manner to comply with a
written notice, directive or order of the Director of Code Enforcement, Zoning Inspector
or the Southold Police Department or to conduct any special event in a manner not in
compliance with a permit issued pursuant to this chapter and with the provisions of this
Code.
For each offense against any of the provisions of this chapter or failure to comply with a
written notice or order of any Director of Code Enforcement, Zoning Inspector or the
Southold Police Department within the time fixed for compliance therewith, the owner,
occupant or their agents or any other person who commits, takes part or assists in the
commission of any such offense or who shall fail to comply with a written order of the
Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall
be subject to the following:
Failure to obtain a permit. Any person conducting a special event that is
regulated under this chapter without first obtaining a permit according to the
procedures outlined herein shall be subject to a fine not less than $500.00 and not
more than $1,000.00.
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Southold Town Board - Letter Board Meeting of April 24, 2012
b. Failure to comply with the terms of a permit. Any person failing to comply with
the terms of a permit shall be subject to a fine of not less than $500.00 and not
more than $1,500.00. For each subsequent offense, violator shall be guilty of a
misdemeanor punishable by a fine not less than $500.00 nor more than $5,000.00.
No new special event permits will be issued to any property owner, occupant or their
agent if they are a named defendant in an outstanding or unresolved violation of this
Chapter.
The Town may also maintain an action or proceeding in a court of competent iurisdiction
to compel compliance with or to restrain by iniunction the violation of this chapter.
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 pan 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: William Ruland, Councilman
SECONDER: Albert Kmpski Jr., Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
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Southold Town Board - Letter Board Meeting of April 24, 2012
RESOLUTION 2012-381 Item # 5.34
ADOPTED DOC ID: 7818
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-381 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 24, 2012:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to
Amendments to Chapter 205~ Public Entertainment and Special Events" to the Southoid
Town Planning Board and the Suffolk County Department of Planning for their
recommendations and reports.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUSl
MOVER: Albert Krupski Jr., Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
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