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Home My WebLink AboutTOR RES 659 A b , rra,;y-~ Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 9, 2013 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution which was adopted by the Riverhead Town Board at a Regular Town Board meeting on September 4, 2013 Resolution #659-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 OF THE RIVERHEAD TOWN CODE ENTITLED "ZONING" (Non-disturbed transitional yards and screening.) It you have any questions, please call Carol Dei Vecchio at b31-727-3200, txt 2e2, or Diane VJiiheim at Ext. 260 Sincerely, ~ Diane M. Wilhelm DMW:cd 200 Howell Avenue _ Riverhead, New York 11901 (631)727-3200 Ext. 260 ~ Fax (631)208-4034 s , 1 rr,_ i, ~.~w, / Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer September 9, 2013 We would appreciate your signing this letter acknowledging receipt of the Resolution and emailing it back to wilhlem(c~townofriverheadny.gov. (Resolution# 659 from Town Board Meeting 9.4.13) Sincerely, Diane M. Wilhelm Town Clerk Signature: date: DW:cd 200 Howell Avenue ~ Riverhead, New York 11901(631)727-3200 Ext. 260 -Fax (631)208-4034 09.04.13 ADOPTED 130659 TOWN OF RIVERHEAD Resolution # 659 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 OF THE RIVERHEAD TOWN CODE ENTITLED "ZONING" (Non-disturbed transitional yards and screening.) Councilwoman Giglio offered the following resolution, which was seconded by Councilman Dunleavv RESOLVED, that the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 108 of the Riverhead Town Code entitled, "Zoning" once in the September 12, 2013 issue of the News- Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio ®Yes ?No Gabrielsen ®Yes ?No ~nn.s,,..l~lv,.~ I-Ini,. n...,i..,.., IDIv__ I-Ini_ vvuu~ce o w Uovu vui ncavy ~y ~ ca Uivv Walter ®Yes ?No The Resolution Was ®Thereupon Duly Declared Adopted G:\090413\659 - TA 108-259 263 267 275 279 ph.doc TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead at 200 Howell Avenue, Riverhead,- New York on the 1S' day of October, 2013 at 2:15 o'clock p.m. to consider a local law to amend Chapter 108 of the Riverhead Town Code entitled "Zoning" as follows:. Chapter 108 ZONING Article XLVI Destination Retail Center (DRC) Zoning Use District §108-259. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. No individual retail store shall have a floor area of less than 10,000 square feet, excepting that 10% of the total floor area may be improved with retail stores of less than 10,000 square feet with a minimum size per retail store of 3,500 square feet. C. In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 20% of the lot area. Such open space area shall be landscaped with shrubs, flowers, rock gardens, ornamental grasses, or other plantings rather than grass lawns. D. The following minimum reauired non-disturbed transitional vards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: (1) Ad'loining residential districts and uses. (a) The minimum required non-disturbed transitional side and rear vards shall be 50 feet. When buildings are less than 5.000 square feet in size. the required side and rear transition vards shall be 25 feet adjacent to the residential district. (b) The minimum reauired screening within such non-disturbed transitional side and rear vards shall be asix-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear progerty lines; provided however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage. G:\090413\659 - TA 108-259 263 267 275 279 ph.doc (c) The minimum required non-disturbed transitional side and rear vards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural. physical or other existing features are present and the goals of this section will be accomplished. (d) Where a site does not have existing vegetation within the reauired non- disturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required non- disturbed transitional yard the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development. Article XLVII Shopping Center (SC) Zoning Use District § 708-263. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 5% of the lot area. Such open space area shall be landscaped with shrubs, flowers, rock gardens, ornamental grasses, or other plantings rather than grass lawns. C. The following minimum reauired non-disturbed transitional vards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: (1) Adloining residential districts and uses. (a) The minimum required non-disturbed transitional side and rear vards shall be 50 feet. When buildings are less than 5.000 square feet in size, the reauired side and rear transition vards shall be 25 feet adjacent to the residential district. (b) The minimum reauired screening within such non-disturbed transitional side and rear vards shall be asix-foot-High stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided, however, that the G:\090413\659 - TA 108-259 263 267 275 279 ph.d°c Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage. Lc) The minimum required non-disturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural. physical or other existing features are present and the goals of this section will be accomplished. (d) Where a site does not have existing vegetation within the required non- disturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required non- disturbed transitional yard, the landscaping plan shall include plantings, berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development. Article XLVIII Business Center (BC) Zoning Use District § 108-267. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to maintain the Town's scenic and rural quality, properties shall provide a contiguous landscaped area equal to at least 5% of the lot area. Such open space area shall be landscaped with shrubs. flowers. rock aardens. ornamental grasses, or other plantings rather than grass lawns. C. The following minimum required non-disturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: (1) Adjoining residential districts and uses. (a) The minimum reauired non-disturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district. (b) The minimum reauired screening within such non-disturbed transitional side and rear yards shall be asix-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property G:\090413\659 - TA 108-259 263 267 275 279 ph.doc owner along the side and rear property lines; provided, however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage. (c) The minimum reauired non-disturbed transitional side and rear yards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished. (d1 Where a site does not have existing vegetation within the reauired non- disturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required non- disturbed transitional yard, the landscaping plan shall include plantings berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development. Article L Industrial A (IA) Zoning Use District § 108-275. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to preserve the Town's scenic and rural quality, properties shall provide attractively landscaped contiguous open space area(s) equal to at least 15% of the lot area. Preference is given to preservation of existing habitat (such as meadows or forests) rather than clearance and creation of new habitat. The open space should serve to provide on-site stormwater management. C. The following minimum reauired non-disturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: (1) Adjoining residential districts and uses. (a) The minimum reauired non-disturbed transitional side and rear yards shall be 50 feet. When buildings are less than 5,000 square feet in size, the required side and rear transition yards shall be 25 feet adjacent to the residential district. (b) The minimum required screening within such non-disturbed transitional side and rear yards shall be asix-foot-high stockade-type fence or eaual and G:\090413\659 - TA 108-259 263 267 275 279 ph.doc landscape plantings to be erected and maintained by the nonresidential propertv owner along the side and rear propertv lines; provided however, that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage. (c) The minimum required non-disturbed transitional side and rear yards provided for in this section may be modified by the Planhing Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished. (d) Where a site does not have existing vegetation within the required non- disturbed transitional yard sufficient to screen the proposed development from the adjacent residential zone or use, a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required non- disturbed transitional yard, the landscaping plan shall include plantings berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development. Article LI Industrial C (IC) Zoning Use District § 108-279. Lot, yard, bulk and height requirements. A. No buildings shall be erected nor any lot or land area utilized unless in conformity with the Zoning Schedule incorporated into this chapter by reference and made a part hereof with the same force and effect as if such requirements were herein set forth in full as specified in said schedule, except as may be hereafter specifically modified. B. In order to foster environmental conservation as well as preservation of the Town's scenic and rural quality, properties shall provide attractively landscaped contiguous open space areas, equal to at least 20% of the lot area, that shield views of the development from arterial roads and the Long Island Expressway. Preference is given to preservation of existing habitat (such as meadows or forests) rather than clearance and creation of new habitat. The open space should serve to provide on-site stormwater management D. The following minimum required non-disturbed transitional yards and screening shall be provided within nonresidential districts in order to assure orderly and compatible relationships along certain boundary lines: (1) Adjoining residential districts and uses. G:\090413\659 - TA 108-259 263 267 275 279 ph.doc (a) The minimum required ron-disturbed transitional side and rear vards shall be 50 feet. When buildings are less than 5.000 square feet in size, the required side and rear transition vards shall be 25 feet adiacent to the residential district. (b) The minimum required screening within such non-disturbed transitional side and rear vards shall be asix-foot-high stockade-type fence or equal and landscape plantings to be erected and maintained by the nonresidential property owner along the side and rear property lines; provided however that the Planning Board may modify these requirements for screening where the same screening effect is accomplished by the natural terrain or foliage. (c) The minimum required non-disturbed transitional side and rear vards provided for in this section may be modified by the Planning Board as part of site plan review where the subject premises is a single lot which lies across district boundaries or where natural, physical or other existing features are present and the goals of this section will be accomplished. (d) Where a site does not have existing vegetation within the required non- disturbed transitional vard sufficient to screen the proposed development from the adiacent residential zone or use. a landscaping plan shall be submitted to the Planning Board. In addition to the existing vegetation in the required non- disturbed transitional vard, the landscaping plan shall include plantings berms and/or fencing in this area to visually screen and reduce noise impacts of the proposed development. • Underscore represents addition(s) • Overstrike represents deletion(s) Dated: Riverhead, New York September 4, 2013 BY nR1]FR C]F THF_ TnWN R[]ARI) OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk G:\090413\659 - TA 108-259 263 267 275 279 ph.doc