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HomeMy WebLinkAboutLL 2013 #04 > En 10 ~-i r -1 000 itrz 11 _ -I 0300 8 o C•-J m "on< 3 3 ` w SOUTHOLD MPO v0 a - ? y o ' a SOUTHOLD, New York x 119711000 T ° a a 3548330971-0097 t A ° ' _n 08/01/2013 (800)275-8777 12:39:29 PM a - s - Sales Receipt = - - m c o a o " Product Sale Unit Final r S - Description Qty Price Price A1-13AMY NY 12231 Zone-2 $19.95 f o , Priority Mail Express 1-Day o m`~ Flat Rate Env PO-Add 5.30 oz. Label #:EM390736797US ` J 9 Scheduled Delivery Day: Fri r a a z~ o "a 09/02/13 12;OOPM - Money Back iG E R ~ :'o 00 o m liclantee $ ~R Rag_~ A „ 3 v `3 N Includes $100 insurance B n O}l a o k Signature Requested Paid by account: $19.95 n U! r at 3 3 3 A Eli 3 7 m f ~~€i m m 2 m USPS Corporate 119294 Account number; < TOWN OF SOUTHOLD -o fD ail Li 11 11 Ll H r(D N m , ofd':.; 3 3 3 3 3 c m m 13115 9 9 0 Issue PVI; $0.00 s 1 C m a 1 c 3 m p o . N y N Total: $0.00 Ig 'a 94 on, n m 'U o m c Paid by: Ul D m 3 { m order stamps at usps.com/shop or m m a n call 1-800-Stamp24. Go to L s0 uscs.rom/clicknship to print shipping labels with postage. For otier information call 1--900-ASK-USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for it box online at I usos.com/poboxes. Bill#:10003027577(19 Clerk:77 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER 1 f Go to: https://Postalexperience.com/Pos i TELL US ABOUT YOUR RECENT j POSTAL EXPERIENCE i YOUR OPINION COUNTS Customer Copy i a~ if STATE OF NEW YORK DEPARTMENT OF STATE - ONE COMMERCE PLAZA ANDREW M-000MO 99 WASHINGTON AVENUE CESAR A-PERALES GOVERNOR ALBANY, NY 12231-0001 SECRETARY OF Srt IE August 5, 2013 Lynda M Rudder RECEIVED Deputy Town Clerk Town Hall, 53095 Main Road AUG - 9 2013 PO Box 1179 Southold NY 11971 Southold Town Clerk RE: Town of Southold, Local Law 4 2013, filed on August 5, 2013 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.ny.gov. Sincerely, State Records and Law Bureau (518) 474-2755 WMMOS.NY.Gov E-MAIL' WFO@pOS.NY.GOV SOUTHOLD TOWN BOARD PUBLIC HEARING July 16, 2013 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Councilman James Dinizio Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 4:51 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 181h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments of 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 hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of July, 2013, 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. 2013 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. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: . A. Te pr-esen-e publie peaee aftd good order- and te prevent tumultuous assemblages, the- :al events shall be ......1.:7.:{,.,7 in the T....% of Seat eld unless n Fmi1 obtained in aseardanee with the requifemen4s set fe~u below: Southold Town Board Public Hearing 2 July 16, 2013 Amend Chapter 205 eutdoers, with or- without an admission or inviWien fee,--&sponseFqh+" limited to eaFnivals, eir-euses, fairs, bazae&s, eu4doOF shows, pafades, walks, Fms, maFathens or- yele Faees a prohibited the T CC t_ 1,l, unles" profit, permit is obtained in aeear-danee with the Fequir-ements set fonh below. (2) Outdoor evefAs at a winefy, for- the fnEvEifaum oeeupane), of the publis afea of the building. s Of Ht . the Town of Southold a4 least 60 days pfief to the proposed date ef the event an filed vlith the Tevffi QeFk, tegether with a fee of $100; a elearmp deposit fee 0 Sout1 old as an additional ' d d 0 the tifne of the event. event of that the event is eandueted for pfefit, a deposit shall be fnade in an event. Af4ef the event, the deposit "I be used to eever- sueh e8s4s. of Southold assessfRent r-all, and dir-eetly opposite (by extefision of the lot the T-evvm theA is t' , loeat1on-of the te....:....... of the event. The T D ,7 ma), fequire ,l,]' ' 1 R}rpllm 4nnr lyed ' 6 YY7' > )c '.1 4. Il ' 1 A fietiee the date, time and ioemian of the A 1 Yw Y Y (4) Notwithstanding the fefegaing, the T-eNN% Board shall have the diseretien te waive- applieet:e a e«t set F 4h in c 205 1 n(l) t1._...._L (3) above. Te%%, the T-e%ffi BaEffd of the Town of Southold shall eensidef the following: Southold Town Board Public Hearing 3 July 16, 2013 Amend Chapter 205 ead reuse; (3) The fFequefiey of events proposed or- appr-eved for- the pf:efHises and Whether- the this ehapter- within the past three yeaFs; and Friday befoFe the ebsen,anee of Mefnerial Day until Labor Day. approval fi;eFn the Zoning Board of Appeals. An applieeAien shall be aeeempanied by fee of $50 la 6,.~mting s ,.,M a 1> 1, following C must be eeasideredi (1) All paFking Faust be off street, and tfaffie eentrol fnust be provided by the winery. (3) All food inust be ea4eFed an- pfepafed off site. F. A.11 other publie aefivities whieh afe not a pefmit4ed use under- the Southold Te%% Gede shall require the a ,,1 efthe Zoning Bear-a of e_ _ 1 0. Penalties for- effenses. An offense agaifist the pFevisiens of this ehapter shall eensfitute vielation of this ehapter and shall be punishable by a fi-R-e Of gh-an $2,500. ARTICLE I GENERAL PROVISIONS 4205-1. Purpose It is the intent of this Chapter 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. Southold Town Board Public Hearing 4 July 16, 2013 Amend Chapter 205 4205-2. Definitions. PARKING CAPACITY - for the purposes of this Chanter, parkin capacity shall be the number of cars, limousines or buses permitted on the site according a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT - Any temporary gathering demonstration performance exhibition amusement or activity that is not currently a permitted use of the property in the applicable Zoning District or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site 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, which may involve one or more of the following: (1) The closing of a public street. (2) The use, blocking or restriction of Town property, roads or rights of way; (3) The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. (4) The sale of merchandise that is not ordinarily sold in the normal course of the Applicant's business. (5) The sale or service of food to the public with the exception of the following: (i) on land used in agricultural production the sale or service of food products composed primarily of ingredients produced on site; or (ii) on land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily compliment wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils (6) The substantial increase or disruption of the normal flow of traffic on any street or highway. (7) The placement of portable toilets. (8) The placement of temporary no-parking or directional signs or banners (9) The use of any Town services that would not be necessary in the absence of such an event. 4205-3. Permit required. A. 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 and as follows: (1) All special events on private property and with an expected attendance of less than 1,000 attendees shall obtain the approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article II of this Chapter. Southold Town Board Public Hearing 5 July 16, 2013 Amend Chapter 205 (2) All special events on private property with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set forth in Article III of this Chapter. B. The provisions of this Chanter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress egress traffic control and sanitary facilities to host such an event: (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays charitable or other not-for-profit fundraisers however, any use of residential property for profit such as a venue for weddings or other events is prohibited. ARTICLE 11 SPECIAL EVENTS REQUIRING CHAIRPERSON OF THE ZONING BOARD OF APPEALS' APPROVAL 4205-4. Application Requirements. The following information and materials are to be submitted with an application for a special event permit. 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. A. A completed Special Event Application Form which includes the following information: (1) 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. (2) The address of the event location. (3) Proposed dates and hours of the special event, including set-up and shutdown times. (4) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) 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 Southold Town Board Public Hearing 6 July 16, 2013 Amend Chapter 205 Authority License and County Department of Health Services Permit number for the activity. (7) Name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed (8) 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. (9) Certification that the property where the event is to take place is not subiect to any covenant or restriction limiting its use or if the use is restricted by easement or otherwise a co of a survey or diagram depicting the easement area and any reserved area where development rights are intact (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of $1 million dollars per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees B. An application fee in the following amounts for each event (1) $150.00 for events where the expected attendance is less than 500 attendees (2) $250.00 for events where the expected attendance is 500 tol 000 attendees (3) Applications that are submitted less than sixty 60) days prior to the proposed event may be rejected or subiect to a late rocessin fee of 250.00. C. A general description of the proposed event including: (1) 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. (2) Names of groups, organizations, charities or individuals who shall benefit from the Proceeds of the event. D. A parkin /event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) 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 (3) The location of the stage or tents if any. (4) The designated areas of use for spectators exhibitors vendors employees and organizers. (5) Location of all exits. (6) The location of all fire extinguishers and other fire safety equipment (7) The location of all temporary utilities to be installed for the event if any. (8) 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. Southold Town Board Public Hearing 7 July 16, 2013 Amend Chapter 205 (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) Plan for the use of live outdoor music loudspeakers and other sounds which will be used if anv and the type and location of speakers and other audio equipment (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage trash rubbish or other refuse (113) Location and description of any additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site. E. A description of any signage to be displaved adjacent to a Town. County or State road including size, location and dates of display. F. The 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 an d directly opposite (by extension of the lot lines through a street or ri t-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. G. Notwithstanding the foregoing the Chairperson of the Zoning Board of Appeals upon request by an Applicant may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in Section 205-500)415) or for the protection of health, safety and welfare The Chairperson's determination of any waiver request shall be in writing to the Applicant and shall specify the reason for the grant or denial. If a waiver is granted the Chairperson may attach appropriate conditions to protect the public interest 4205-5. Application review procedure and standards. A. 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 may not be accepted or processed. B. 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 5205-5(E) 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, Assessors and Town Attorney, C. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. Southold Town Board Public Hearing 8 July 16, 2013 Amend Chapter 205 D. 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 within 30 days of receipt of the complete application. E. In determining whether to grant a special event permit the Chairperson of the Zoning Board of Appeals shall consider the following: (1) The size and capacity of the site to accommodate the proposed event (2) The facilities available. (3) The availability of highway and other means of transportation to and from the site. (4) Impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) Need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (_6) 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. (7) Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) Impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) 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. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scone to the event applied for and/or resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) 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. (15) Any other matters that relate to the health, safety and welfare of the general public. F. 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 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. Southold Town Board Public Hearing 9 July 16, 2013 Amend Chapter 205 G. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. H. 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. I. Applications for tent permits required for any event must be submitted directly to the Building Department. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm or reverse the determination of the Chairperson subject to any conditions deemed appropriate under the circumstances. ARTICLE III SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL 205-7. Events held on Town lands or events exceedine 1,000 attendees. A. Any event held on property owned, leased or controlled by 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 following the submission of an application to the Town Clerk sixty (60) days prior to the proposed event. In reviewing applications for such events, the Town Board may consider the following additional criteria in addition to the criteria set forth in Section 205-5(E) above: (1) The size of the premises in relation to the number of people attending the event. (2) The sufficiency of arrangements made to control traffic, parking, noise, li ting and refuse. (3) 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. (4) Conflicts with ordinary public use of the land, roads or facilities involved. (5) Whether the applicant has been convicted for failure to comply with the terms of this Chapter within the past three years. (6) 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. (7) If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within a half mile radius of each other, the Southold Town Board Public Hearing 10 July 16, 2013 Amend Chapter 205 Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board shall consider the following: (i) Whether the event is recurrin. (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. B. For any special event that is to be held on land owned, leased or controlled by the Town of Southold the application shall include the following: (1) A completed Special Event Application Form which contains the following information: (i) Name, mailing address, e-mail 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. (ii) The proposed event location and type of event. (iii) Proposed dates and hours of the special event, including set-up and shutdown times. (iv) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (v) If there are any special requirements needed for the event including, but not limited to, police presence or road closures. (2) Application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (4) A minimum clean up deposit of $250. (5) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional 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, highway and clean up 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. (6) Any additional information required by the Town Clerk. C. For any special event where the expected attendance exceeds 1,000 attendees, the application shall include all information required under &2054 (A), (C), (D) and (E), as well as the following: Southold Town Board Public Hearing 11 July 16, 2013 Amend Chapter 205 (1) An application fee of $350.00. (2) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (3) The Town Board 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. D. Notwithstanding the foregoing the Town Board upon request by an Applicant may waive in whole or in part any of the foregoing gplication requirements Mn a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. ARTICLE IV ENFORCEMENT 4205-8. 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. 4205-9. Penalties for offenses. A. 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. B. For each offense against any of the provisions of this Chapter or failure to comply with a written notice, directive 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 Southold Town Board Public Hearing 12 July 16, 2013 Amend Chapter 205 the Director of Code Enforcement. Zoning Inspector or the Southold Police Department shall be subject to the following: (1) 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 $1,500.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a Wrmit shall be subject to a fine of not less than $500.00 and not more than $1,500.00. (3) For each subsequent offense of 6205-9(B)(I) or (2), violators shall be guilty of a misdemeanor punishable by a fine of not less than $500.00 nor more than $5,000.00. C. 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. D. 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. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town clerk's bulletin board on July 8, 2013. That it was posted in the Suffolk Times on July 4, 2013. 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 supports the adoption of this legislation.' From Mark Terry, principal planner and LWRP coordinator `The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5 (25), the action as proposed is a Type 11 action and therefor is not subject to SEQRA review.' Also from Mark Terry `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 Policy Standards. Based upon the information provided to this department as well as records available to me, it is my recommendation that the proposed action is consistent with the LWRP policy standards and Southold Town Board Public Hearing 13 July 16, 2013 Amend Chapter 205 therefore is consistent with the LWRP. Pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.' A letter from Andrew Freleng and Sarah Lansdale, director of Planning and chief Planner for Suffolk County, `Pursuant to the requirements of sections A 14-14 to 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 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.' I will read this letter, it is the only letter I have in the file. Actually, I am not going to read it, it's from a concerned tax payer with no name attached to it. So, it is part of the record and that is all we have. SUPERVISOR RUSSELL: I am going to invite anybody that would like to address the Town Board on this particular local law to please come up. I just do want to remind you to identify yourself when you speak so we can have it for the minutes of the meeting. Who would like to go first? STEVE BATE: Thank you very much. I am Steve Bate, executive director of the Long Island wine council. I just want to thank you again for giving us the opportunity to comment on this newest draft legislation. I also want to thank the Supervisor and the Board and particularly the Town Attorney for taking the time to work with the Department of Agriculture and Markets over the winter. I think there have been some significant improvements and this is certainly much better draft legislation than we had before. So thank you very much. With that being said, we still have some concerns and some specific suggestions to make to make it even better. Our first primary concern is that while we appreciate the fact that building capacity has been taken out of the trigger for special events permits, permitted uses is still obviously very, very important. And we had a meeting with the code committee a couple of weeks ago, we thought it went very well. We thought you were receptive to many of our concerns and if that is indeed the case, then we are really not far away from having some acceptable permitted use language. So we really urge you to wait to pass this legislation until we can have both pieces together. Because it really just doesn't make sense for us to support something that we really just don't know what is going to be in the final permitted use legislation. So that is our primary point today. we do have a number of specific suggestions which I have just passed out and I can go through them very quickly. For the record, the first thing is in the opening paragraph in the definition of special events, the second to last line. I think when Mr. Talbot was going through the various sections he said that there were a number of conditions listed that will trigger a special event permit. Right now the language says may involve one or more of the following. We think that they will involve one or more of the following so you can just change may to shall. Small change. Then we get to sub-paragraph 5, one of our favorite subjects, food service at wineries. Someday I am hoping we can come up with a definition, some language that is kind of an interim area between having people walk around tasting rooms juggling a glass of wine and cheese and cracker tray, and at the other end of the spectrum, a full service restaurant. And I think we still want to be able to provide food to complement wine tastings, we want to be able to demonstrate food pairing possibilities with our wines, that is a critical way to market them and we really hope that there can be some flexibility on this point. And just as an example, we, I think the Town Board may know, we have a great opportunity this fall, we have a $100,000 plus grant from I Love Southold Town Board Public Hearing 14 July 16, 2013 Amend Chapter 205 New York to create an agri-tourism promotion for the off season. So we are planning on doing something on one of the first few weekends of November, the grant is an agri-tourism grant so it should involve some food and wine pairings, but I am not quite sure how it would fit, this kind of event would fit within this current permitted use legislation. Whether we would be required to submit, all the participating wineries would have to get permits or whether it would just be one permit for the region. But the main thing is with this restriction on utensils and walking around, I was thinking we should, we were picking up themes and ideas of what we were going to call this and one idea if we have to stick to this legislation would be to call it the No Fork Food and Wine festival. Seriously, really, I hope we can come up with some kind of language at some point to give us a little more flexibility and to give you the assurance you need that the wineries aren't going to become full service restaurants because that is really not the idea. In section 205- 4, application requirements, we have said this before, we really appreciate the fact that there is a multiple event permit but we really think that it would be better if it was a seasonal permit. And it still gives you the ability to approve and review similar types of events but it just gives a little more flexibility during a critical business time for wineries. We have had a very difficult time the 4`h quarter of last year and the 1" quarter of this year. Traffic is beginning to come back now but it is really essential that we use this window of opportunity to do certain types of events. And they may or may not require a permit but it is important to have that bit of flexibility, so a seasonal event permit would allow you to review that application and it wouldn't be stuck on a restrictive six events in a three month period. In paragraph 8, you talk about the late pricing scale. First of all, we appreciate the fact that the pricing scale has been reduced and simplified quite a bit but there is still a $250 late processing fee which is still exorbitant for a small event or a small winery if something should come up, an opportunity should come up within 60 days we really need some flexibility there, so we are hoping there could either be a waiver possibility so you can say may be a late processing fee but in any case, that language needs revision. In paragraph A of section 205-5, that seems to suggest that there isn't the possibility for a late application. I think the paragraph just says all applications must be in 60 days before the event. So that should be adjusted so that it references the possibility for a late application. In paragraph D, which is a great thing that we suggested actually, is a time limit on the processing of an application, however, it is only a suggestion that the application be approved within 30 days. We would like to see that that be considered mandatory, that the application be approved within 30 days. Actually we would even prefer that it be reduced to 10 days. Again, it's just a matter of being able to get an approval so something can be marketed sufficiently so that it has a chance of success. And one thing that we have suggested before is that if an application is not approved or if there are conditions attached to it that make the event less chance of success, that the application fee should be refunded. In fact, we could just have it that the application fee is paid once the application fee is approved. Paragraph F requires a deposit for the town's services in the events, you know, for certain events. Again, if there are smaller events that shouldn't require any additional town services, that should be a waiver possibility for that. Section 205-9, penalties. We have said this before but there is a $1500 fine levy on a business if it fails to obtain an event permit. I think you know, we think it's a fee that is unreasonable, if a winery or someone else should do an event that the town later judges to be an event requiring a permit, there should be a waiver possibility for that. If someone in good faith does something, some kind of marketing activity which is later decided that it should have had a permit. Paragraph B 3, you suggested that if subsequent offenses of section 205-9-B should be treated as a misdemeanor. We would prefer that it only be subject to the fines that you propose. A Southold Town Board Public Hearing 15 July 16, 2013 Amend Chapter 205 misdemeanor may impact a wineries ability to get a license renewal and so it is, I think you still can assess a fine if someone is not following the rules but I think to put someone out of business because they don't get an event permit I think is a bit excessive. And finally paragraph C, we think it should be deleted in its entirety. If a business should disagree with the town's assessment about a certain event permit, it doesn't make any sense that you won't approve any further permits until that is resolved. They should be able to still apply for permits for certain marketing activities that meet your standards while you continue to resolve the other problem. So those are our specific comments, I would be happy to take any questions. SUPERVISOR RUSSELL: I just want to clarify a few things. First the issue of the fees, I think you raised earlier, you should read that there is a component in this law that gives the ability for any of those conditions to be waived upon request. If the winery owner or his representative makes the request that the conditions that are outlined here can be waived on a case by case basis. MR. BATE: I wasn't sure if that included the fees or just some of the application requirements. SUPERVISOR RUSSELL: Martin, some clarification? TOWN ATTORNEY FINNEGAN: Well, I mean you would qualify your statement by saying that for smaller events that don't require, the only trigger for that, you are talking about the deposit that if there is a determination by the Chief that there will be a need for services. He, when the application is reviewed it gets sent out to everybody, he will say that there is or there isn't. If there is actually a charge that they are going to incur related to the event, it is charged. It is not automatic, he may say, well, there are two things that may happen. Either he says there are no fees or request be made to the Town Board to waive it but.... MR. BATE: Well, I think the text says shall be required and if it could be changed to may be required, I think that would be helpful. SUPERVISOR RUSSELL: We will get better clarification on that. Also, the one other thing, the fines for the late filing, you can understand for the Town to get, there are a lot of people who review these applications and we need to get them done in a timely fashion. But those fines, they are not $1500. They are a range. I think they start at $500 up to no more than $1500. So again, everything is about scale, size.... MR. BATE: It just would be helpful if may be required or just make it conditional. So that it is not absolutely set in stone. Thank you. SUPERVISOR RUSSELL: Thank you. Who would like to go next? MARILYN MARK: Good afternoon. My name is Marilyn Mark. I live in Southold on Route 48 and I was consulted a friend of mine Abigail Field who lives in Cutchogue to help me find my way around this legislation. And she prepared some comments that I would like to present on her behalf. Is that okay? Southold Town Board Public Hearing 16 July 16, 2013 Amend Chapter 205 SUPERVISOR RUSSELL: Sure. MS. MARK: She lives at 27525 Main Road Cutchogue. She is an attorney and she has had experience with drafting legislation, so I am going to speak for her. Thank you for continuing your thoughtful and public process on crafting this legislation. I would like to raise a few issues for your consideration. I am sorry that I cannot be here in person to offer these comments, I am taking care of my young children. I have asked Ms. Marks to read my comments to you and I appreciate her assistance. I offer these comments simply as a resident of Southold Town and not on behalf of any organization or Ms. Marks. Customer driven versus organizationally driven events: My first point is that two deeply different kinds of events are covered by this legislation, one of which the legislation could work for, and one which it can't. Events that are hosted by an organization, where the organization can be flexible to some extent about the date or at least, are fully within the permit applicant's discretion such as a charity run, an antique car show etc., can be regulated through a permit process. Events that are driven by a customer's request, however, like a wedding, cannot. For a business, and many wineries host weddings, to book a wedding it has to be able to say at the time of the phone call whether or not it can book the wedding. It simply doesn't work to say, well, I'd like to host your wedding and in a few months, I'll let you know if I'm allowed to. That doesn't mean that wedding need to be allowed willy-nilly, just that a different process is required. For example, venues that would like to be able to host a certain number of weddings a year should be able to apply for an annual license and the license can be analyzed according to much of the criteria in this events legislation. But the actual wedding dates wouldn't be known at the time of the licensing, instead the town could cap the number of wedding allowed per month or year or find some other method that is less onerous or makes it actually impossible because if the Board does not make this change-exempting weddings and other customer driven events and creating an alternative regulatory process for them-it functionally prevents any of those events from happening as surely as if it had forbidden them. Timeline related comments, a second set of comments relates to timing as spelled out in 205-5. As a general matter, the code imposes a couple of deadlines on the applicant-applying at least 60 days in advance and appealing a rejection within 10 days- but none on the town's side of the process. This lack of timeline can make organizing and marketing an event impossible, because why would an organization invest the resources to organize and market an event it doesn't know if it can have and how can it create certainty for itself by applying early enough if there's no deadlines on the town? For example, see 205-5 B which says comments may be solicited from a number of entities but it contains no deadline for any of them to submit their comments. And there are a lot of entities here. 205-5 B should be amended to include a deadline and a requirement that any comments received after the deadline cannot be considered in evaluating the application. Similarly, 205-5 C there's no clear deadline for the chairperson to make a determination about whether revisions are necessary and to notify the applicant of what those revisions are, if any. True, 205-5 C says the determination that revisions are or aren't needed will be made `upon receipt of the comments' but what does that really mean? What if the last set of comments comes in at 3 PM on a Friday? What if the comments run to 30 pages and require thoughtful consideration? And making the decision is one thing, providing proper notice about what revisions are being required is another step. 205-5 C should be revised to include a deadline after the date that comments are due in for the chair to provide written notice to the applicant stating what revisions are being required or that no revisions will be required. Last on this point, what kinds of revisions are you talking about? I ask because after determining Southold Town Board Public Hearing 17 July 16, 2013 Amend Chapter 205 revisions are or aren't required, the chair is given 30 days to approve, reject or conditionally approve the permit. That extra time makes perfect sense if the revisions are simply a request for further information but if the revisions are requirements to change the nature and details of the event, why isn't their request functionally the same as a conditional approval? That is, why require changes to the nature and details to the event and then reject it anyway or upon approving it, impose further conditions? 205-5 C should be clarified as to what is considered a revision to an application. Another provision that needs a deadline is the appeals process in 205-6. Requiring the appeal be filed within 10 days is good but there should also be a deadline on the Town Board to hold required public hearing and a deadline to issue a decision after that hearing. Those deadlines should be consistent with ensuring the public and the board can give meaningful consideration to the appeal but be otherwise as quick as possible so that an organizer can try to move forward in a practical way. Perhaps one of the revisions, in addition to imposing the deadlines above, should be to change the requirement that the application be submitted 60 days in advance to 90 days or even longer. Surely organizers would rather start earlier in exchange for a timely decision rather than run the risk of having invested a lot of resources in an event only to cancel it at the last minute. But my general point is, this legislation could make it really almost impossible to run events for anybody. Another cluster of concerns I have relate to the bill's definitions and places where I think the language is ambiguous. Let's start with the definition of special event, which is a combination of the definition at 205-2 and 205-3 B. First I suggest that these two sections be merged so that a person can go to one section and determine whether or not this bill applies to them. Second, I urge you to revise this part of the sentence in 205-2 ".....including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies which may involve one or more of the following...." My concern is this: by saying `which may involve' rather than `which involves' the list of legitimate concerns in 1 through 9 is irrelevant; all that is necessary to qualify as a special event is to be a use not permitted in the zone or to be an event that requires extra parking and which is not otherwise exempted by 205-3 B. I think the intent is to include only those events which not only require extra parking or involve a use outside the normal zoning and which involves one or more of 1 through 9 but perhaps I am wrong. If that's the case, the `may' needs to be deleted. If not, and really all that's necessary is to require extra parking, then the legislation should be explicit on the point and delete 1 through 9. Potential applicants need to be able to read the bill and have certainty whether or not it applies to them. I have two definitional concerns relating to 205-3 B. My disclaimer is, I am a B&B. So I do have a dog in this fight, to a degree. Except that I don't do events normally. Never considered doing events as something I want to do but I could see, I am concerned about this legislation and I want to make a suggestion, because B&B's are generally residential properties that have valid licenses from the town to operate commercially. They should be allowed to have weddings or other profitable events on their properties that otherwise comply with special event permit requirements of this chapter. We are neither fish nor fowl, it pops up every time one of us wants to refinance our mortgages. We are not residential and we are not commercial and no bank will give us a mortgage as long as we are operating as a B&B. We have to virtually close down, we would have to close down to get a residential mortgage. And we don't qualify for a commercial mortgage because we are mixed use property. So we already have a problem with our status. At the moment, 205-3 B 3 prohibits us having an event, even though we operate as a commercial business on residential property. So could it be that we don't change our zoning in terms of being residential but we could have permission to run some kind of commercial event within some Southold Town Board Public Hearing 18 July 16, 2013 Amend Chapter 205 other kind of parameters, which cover the parking, the annoyance of neighbors, all the other things you had mentioned. So the second, the flat prohibition on profitmaking activities on residential properties in 205-3 B 3 in theory reaches even yard sales or lemonade stands. I urge the Board to thoughtfully consider the prohibition language in the bill and amend it so that people don't need permits to do such ordinary things. Another definitional concern I have is that in places the bill talks about persons, and in others, about attendees when it is discussing events and it's not clear what the boundaries are between them. The bill should have its provisions tweaked just to make things clear. Relatedly, the bills talks about `tents' and I heard at an earlier hearing about the word `awning' as well. Should the bill say both or is it intended to reach only tents and not awnings? Also, what is the policy concern behind knowing the collective number of people, rather than the maximum at one time? We don't understand that difference. Process concerns, first it's terrific that you are requiring decisions in writing explaining reasons. However, I urge you to make those decisions public as a matter of course, on the website, whether real time or as part of an annual report, so that the public can be confident that decisions are being made in a consistent, evenhanded manner. Second, we have a few process concerns with 205-4, 205-5, and 205-8. 205-4 F gives the chairperson discretion to require notice to neighbors before events. While as a general matter that makes sense, I urge the board to impose some objective criteria, such as if the event starts particularly early or ends particularly late, or if the event involves a certain number of people or more, then the chairperson can in his or her discretion require notice. Another process concern relates to incomplete but accepted application. 205-5 A simply says such incomplete applications may not be processed which is fair as far as it goes. But it should have a provision ensuring that the applicant is promptly notified the application is incomplete and how it is incomplete, so they can timely complete their application. That is probably the underlying idea, but putting it in the code gives applicants certainty. 205-5 D 12 is also potentially problematic. D 12 allows a permit to be rejected if certain impacts occurred during a previous event. But the entire list of issues is considered when granting a permit and presumably, that consideration includes deciding to allow a certain degree of impact, an amount judged acceptable in light of the rest of the application. Frankly no covered event will have zero impacts. D 12 should be redrafted to make clear that the permit can be rejected if any of the listed impacts was materially greater than anticipated when the earlier permit was granted or some such language can make that work better for everybody. 205-8 involves modifying or rescinding a permit when the permittee is out of compliance or misrepresented the event in the application. That's great as far as it goes, but the permittee should have an opportunity to cure the problem by coming into compliance or by demonstrating that it did not misrepresent the event so much as have good faith miscommunication about it and accepting and complying with any permit modifications needed to reflect the accurate understanding of the permitted event. That is, bad acting should be punished; mistakes should be given an opportunity to be fixed. Punishment, my last comment has to do with the punishment for violations. Conceptually it all makes sense but when it comes to the misdemeanor and the application was made by an organization or a business, who is to be convicted of it? The owner? The manager? The bill should be very clear how the person to be punished will be identified so that the person has notice and an opportunity to comply with the law, that is, to ensure the event complies with the law. Thank you for hearing us out and more generally, for your clear commitment to addressing these thorny issues in a transparent, public process. Southold Town Board Public Hearing 19 July 16, 2013 Amend Chapter 205 SUPERVISOR RUSSELL: Thank you. MS. MARKS: I can give you my notes if you would like. COUNCILMAN RULAND: I would like them if you have a copy. COUNCILMAN TALBOT: I have got a comment on something that you brought up and anybody else can address when they get a chance if they want to speak but it is in regards to the time. The timeline for approvals, if anybody faced this before, I am curious to see what your normal return time on the permits have been. If you have had problems, what has been the return times on the problems and you guys have been able to correct them, just so we can get a better idea of what you guys have been facing out there. I don't think anybody here has had to submit a special events permit but this way we know what you guys have faced and are facing. So if anybody has that opportunity to touch on that, too. PRUDENCE HESTON: My name is Prudence Heston and I operate Salt Air farm in Cutchogue. And I read through the proposed public entertainment and special events chapter here and as a farm, I do have some concerns with what I am reading. You know, my entire farm business is based on special events and I know that is hard to believe, generally when people ask what kind of fanning I do and I say that, their eyes kind of glaze over and they get this look that says, wow, that is not a bona fide farm. But we are very much a bona fide farm. We are out there farming every single day. I want to walk you through a little bit of how we got started, why we got started this way because I think that not only is this important to us but it may be important to other people down the road too as they are trying to look outside the box and think about things and it is important that the laws that you are developing allow for some of that. You know, when my husband and I first sat down and were looking to develop a business plan for Salt Air farm, we thought about all kind of different things and we really wanted it to be economically sustainable as a farm and we were also aware that we were in a community that had not had the operating main farmstead right there prior to that and so we wanted to have as little impact on that surrounding, you know, as little negative impact on that surrounding community as we possibly could. So we started out looking at okay, should we be doing a traditional fannstand and the answer to that was definitely no. that would put us in a position of being uncomfortably competing with other family members, that also farm, it was also not something that looked like it was going to be economically sustainable for a farmstead that was not on a main drag anywhere and we were afraid that if there was a farmstand there, it would suddenly put a whole lot of new daily traffic back into that community that really wasn't used to having that kind of thing. We looked into whether we should be doing sheep and cheese and that kind of thing. Even went and spent a month learning how to make cheese and all that kind of stuff. It was cool, it was interesting. It was not for us. It was something that did not work with a really old farm and we had a really old farm with old buildings and to take that and to try and turn them around to do a different type of farming with a different purpose for those barns and to meet all the requirements that the state has for that kind of thing, we said wow, economically this is not a good direction for us to be going. We also looked at pick your own. Have a lot of experience with pick your own. Did pick your own for years. Should we be really moving in that direction? And we said uh uh. That is not right for this community either, that is going to overwhelm them with the kind of traffic that would be coming in here and really wouldn't be fair to where we Southold Town Board Public Hearing 20 July 16, 2013 Amend Chapter 205 live. So we went on at some length like that and we explored all different kind of things and we finally decided that the best thing that we could do was to look outside the box and to develop a plan that looked more at people making reservations to come to us and a product that would go out mostly by appointment, which is the way that this happens now. And so when we, and we saw that there was a niche to be actually farming for events. And that is what we do. We produce specifically for events of all kinds. We have worked with hotels, they are doing things, we have worked, primarily I will tell you that definitely the most common events that we work with are weddings. We grow for brides like crazy. And we deal with brides in Rhode Island, we deal with brides in Connecticut, we deal with brides in Manhattan. And all through Nassau County and on both the north and south forks. We grow, at this time, for those people we grow a lot of cut flowers and a lot of the product that goes out are cut flowers. We also grow berries that go out, we grow kiwis, we produce honey in little tiny jars that go out as honey favors to brides. They can either have it mailed to them if they like or we can also have them come and pick it up. We also grow white, pink and blue pumpkins. And just for fall weddings. And we grow wheat for fall harvest themes. So in doing that, it allows us to do a traditional field farming operation that is an area of expertise and interest for us. We were not particularly interested in growing under glass. It allows us to produce a value added product which is really important to farming out here. We can take those flowers that we are growing and we actually provide the florist services then for our clients so that they have the option of buying wholesale, they have the option of having those flowers go to the florist of their choice or they have the option of having us do the arranging for them. And at this point we deliver arranged flowers all around the Island now. It also, the setup allows our daughter to be able to participate in what we are doing. She is 9 years old now and she is in charge of the bee keeping. She does a great job of it and she now has about 15 hives that she is working with. It also pays for field reclamation on our farm, it takes a lot of money to take some of these old fields and turn them around and get them going with a new product. Just our hydrangea field cost $10,000 to put it in and that was without the special irrigation system and without the fertilization at the roots and all that kind thing that you really need to do when you are growing for a florist. I wholesale out to the florist providers in the area. They need a perfect product and it costs a lot to set it up to do that. Let's see, and due to the rules that we impose on our own farm, we are actually able to make that a really good experience for our neighbors. We don't have gobs of people coming and going. People make an appointment, they come out, if I am working with a bride, she is coming out, she is walking around the farm, she says oh, I like that color, I like that color, I like that color and that is how it works and it goes out that way. When I have got florists coming in to buy, they are coming in by an appointment. When I have got a wholesale stuff going out, it is going out by appointment. So we have been operating now for about 5 years. And we host 6 weddings per year, right on our farm, like I said, hosting those weddings is important to us and it does allow us to put in the fields and get things set up for the future. We have been, we are really convinced that this is a good business plan. It has been growing. It has been working. And we are really hoping that the laws that you are putting in place here will be listing this is a normal operation for a farm, so that we can continue to do what it is that we have been doing. And I guess that that's about it for right now. But I would invite anybody here on the Board that would like to come out to our farm and walk around, see how it works. Come on out. If you have got questions I am certainly happy to show you what we have done on our farm to make it be a positive experience for the rest of the community around us. Southold Town Board Public Hearing 21 July 16, 2013 Amend Chapter 205 SUPERVISOR RUSSELL: Prudence, let me just say for the record, you are on our special events legislation committee. I don't think anybody works harder at tying the special event to the sale of the agricultural product that you produce. Everything that we had in mind in terms of expanding special events opportunities, the goal of this legislation, actually there are several aspects to it but one of those is to expand special events to other ag operators. Under the current code and I think I need to clarify this for Marilyn and others as well, under the current code, special events are only allowed at wineries. By a local law that was adopted in 1994. We recognize special events as a critical component to the marketing of any agricultural operation or most agricultural operations. So the goal here was really to expand that opportunity out to other ag operators as well. It might be that clear in the language and we would be glad to sit down and go over the ambiguities that are there but there is a separate companion legislation that will be passed shortly, amendments to 280. What are allowed uses at these ag operations. And that should hopefully, which is what Steve spoke to before. And that should bring more clarity as to what is allowed to take place at an ag operation as a matter of right. These are two separate pieces of legislation we are working on. But I just want to assure you we hear you, we understand what your business plan is and we recognize how hard you have worked to put that together. MS. HESTON: Thank you. SUPERVISOR RUSSELL: Okay. MARYLOU WICKHAM: Hello. My name is Marylou Wickham. I live on Old Pasture Road in Cutchogue. I am a member of an old Long Island farm family and I am very interested in the future of agriculture here. Salt Air farm in Cutchogue that you just heard about, as you possibly know, is considered to be the oldest, complete farmstead in New York State. The entire farmstead is on the national register of historic places as well. Our family, over the last 40 years, has put considerable effort and expenditure into restoring the house, the barn, the numerous outbuildings and even the landscaping in the historically correct manner. It is now a wonderfully attractive asset to the Cutchogue-New Suffolk community. Its benefits are enjoyed by everyone. And this is continuing to be an ongoing project for a long time. However, like all farms, in order for Salt Air farms to continue to exist, it must be able to pay its own way. Farmers need to be allowed to operate in ways that make sense for the future. It is reasonable that they be able to use creative ways to market their crops. I think it is important, therefore, that this legislation recognize weddings as an approved activity for farms to accomplish this. To that end, I would recommend postponing the vote of this proposed law until after the wording is amended to reflect that. Thank you. Can I leave this with someone? SUPERVISOR RUSSELL: Yes, please. PETE MCGUIRE: Hi, for the record my name is Pete McGuire. My wife and 1, Georgia, live at 1980 New Suffolk Road, across the street from the Salt Air farms. We have lived there for the last 14 years. When we moved here, we were well aware that we were moving into a farming community. We realized the nature of the businesses that there were. My wife is the first generation of her family not to farm. She has had six generations within her family, they just dissolved the farm because of the inability to survive in today's economy. So we recognize the Southold Town Board Public Hearing 22 July 16, 2013 Amend Chapter 205 importance of how the community and how we embrace farming here. There are two recommendations I make for bill, I endorse it fully. We do need clarity on the application, I think the last speaker was poignant in some of your components there. I think we need that because the community needs to understand exactly what we are facing and the business owners need to understand consistency so they can build their business. I strongly recommend that we expand, as you said before, the inclusion of farms into that language. I think it is imperative that we acknowledge that the farms themselves are different than the wineries in that if they do not have the ability to expand into other areas of revenues, we have a chance of losing them in this community. My last comment is that I have experienced the last 6 years of the weddings across the street at Salt Air farms and I will tell you that it is as perfect as you can expect from an environment. They are done tastefully, they are done, all the governance that Prudence and Dan have put in place for time, the durations, the amount that they have, the parking, that is all met and exceeded our expectations. I live directly across the street, if there is anyone that has a complaint or has the ability to complain, it would be me and my wife and I will tell you we have not an ounce of concern, by virtue of how they manage their farm. I think it is important however, that we recognize that they are conscious of that but legislation is important to make sure everyone is conscious of how we manage. So again, I implore that we put some time and energy, maybe delay the signing of this bill so that we make sure the language is clear and crisp. So that we all can understand exactly what we are facing. Thank you. SALVATORE DILIBERTO: Salvatore Diliberto, I am secretary and board member of Long Island Wine Council. And I would like to reinforce some of the comments that Steve made but especially in light of some of the recent comments by the people regarding Salt Air farms. Permitted uses restrict what people can do with the property they own. And obviously people that own property like to think that they can do pretty much what they would like to do on their property, so long as they don't affect or offend other people. I think it makes it that much more important that when we look at the proposed law today, we realize that it is only half a law. Because the law for special events and requiring a permit for special events specifically states that a special event can be anything that is not a permitted use on the property. But yet this law is being proposed today and the town is asking people to consent to this law without knowing what in fact will require a permit. And I was thinking about it on the way here, it is sort of like going to a car dealer and deciding to by a $30,000 car and then asking him about the warranty and he says, yeah, it is a very broad warranty, it covers a lot of things. And then you ask him for the details and he says, well, we haven't actually written the details down yet but it is going to be a very broad warranty. Here we are being asked to look at a law which incorporates another proposed law. But that law is not here today. How can you ask people to accept this law not knowing what restrictions it would put on Salt Air farm or on any of the wineries around here. And that is what you are asking people to do, to put restrictions on what they can do, when or will they need a permit? You can't say when they will need a permit because we don't have a law that determines the permitted uses at a winery for example. And how can we have one half of a law passed and then we will say, well, later on we will tell you what the permitted uses are and you will know where you are required to have a permit issued. To me it just seems to be terribly unfair, egregious to anyone who is a property owner or a business owner, a small business owner, to ask him to accept that fact. Thank you. Southold Town Board Public Hearing 23 July 16, 2013 Amend Chapter 205 SUPERVISOR RUSSELL: I just would like to address one thing. One of the real problems we have right now, it is not unfair to Prudence, it would be unfair to Prudence to not address the special events law to allow her to have them. Under current code, if we do nothing, she is going to be turned down for applications that she should be entitled to. Part of the goal here is to allow other ag operators the same opportunity that wineries have been given since 1994. That's part of the issue. Yes, I realize 280 isn't done yet, you have gotten copies of 280, you are engaged in conversations with us on 280. Those are the defined uses but you know, to suggest that we should wait for that because we don't know what is going to happen. You know, look, wineries aren't supposed to exist on land that is not at least 10 acres in production and they exist, wineries aren't supposed to exist off-site of production and they exist. Wineries aren't supposed to exist without a site plan, building permit and CO that they exist. So you know, we need a little bit of cooperation with you so that we can get these things done and understand everything is not going to be as synchronized as we would all like but you recognize the goals and the direction we are going and I think you understand that and I think you know that. MR. DILIBERTO: I think Prudence began by saying pretty much everything she does is a special event and I was thinking about it and I said, we can't say that because we don't know what our actual permitted uses are that would trigger the special event requirement for a permit. I agree with you 100 percent that Salt Air and other farms should be brought under this umbrella because today it is, obviously, extremely important to everyone in the agricultural industry to be able to have these types of events to promote their products and to have value added products. But I do think that it should be dealt with all at one time and I don't believe that it is impossible to do that. I think we are very close under permitted use regulations and I see no reason why this particular law can't be delayed a reasonable period of time so that that can be proposed at the same time and they can both be passed at the same time. TOWN ATTORNEY FINNEGAN: Scott, can I just clarify something? I think there is some confusion here. This is the special events law, it is chapter 205 of the code. We have a zoning code, it is chapter 280 of the code which is chock full of use regulations for every zoning district in the town. The law states if it is not a permitted use in the applicable zoning district, so to determine what the use regulations are, you have to refer to the zoning code or ask the building inspector to tell you. The amendment that is currently pending is to amend the existing winery use regulations, there are regulations that exist in this town that tell one what a winery is and is not. The amendment is an effort to clarify that and to really codify what is already the interpretation of the existing language. So as to every type of use in this town, whether it be residential, agricultural, there are use regulations that apply and a way to determine what is the permitted use. So it's not accurate to say that this law is half a law. It is a complete law that stands on its own as a separate chapter of the town code which we have many chapters in our code that reference other chapters in the town code. So there is a way to make that determination very clearly and easily. MR. DILIBERTO: Mr. Finnegan, I agree with you to the extent that you have an existing use regulations, however, it is clearly the intention of the town to modify and amend those. There are important amendments that are being proposed. TOWN ATTORNEY FINNEGAN: Absolutely. Southold Town Board Public Hearing 24 July 16, 2013 Amend Chapter 205 MR. DILIBERTO: And I think those important amendments will obviously become a part, working together with this special events legislation. Because they are going to be so inexorably tied together, they should be considered together and passed together. That is my only point. TOWN ATTORNEY FINNEGAN: Okay. But the entire zoning code is not being amended. There is one section of the zoning code.... SUPERVISOR RUSSELL: It is a point well taken. Thank you. Chris? CHRIS BAIZ: Thank you. My name is Chris Baiz. I am a resident of the village of Southold, own and operate a farm and vineyard operation with my wife and daughter. I am also a member of the Southold Town Agricultural Advisory Committee and have been a member of the board of the wine council over a number of years. What we have here today in this special events legislation is really a symptom of a larger issue for this community and for its industry of agriculture. The US Department of Agriculture watches this area like a hawk and it does so because they realize that this area of the five east end towns of Long Island is the most expensive agricultural farmland in the United States of America. When I asked Dr. Merrigan who is the Deputy Secretary, number two person in the USDA, where else does agriculture have to compete in such a high cost land market, she said there are a few places in the Hawaiian Islands. Further she said our problem right now is we are more focused on the Hawaiian Islands because they grow and raise all of their beef out there to be consumed by the residents of the state of Hawaii, however, all of that beef that's grown on the Parker ranch out there has to be herded up, packed up and shipped, sent to the west coast of the mainland US and slaughtered in California, repackaged and shipped back to the islands in order to feed the people. Now we don't have quite that problem but we have a major, major structural problem and it has occurred in our lifetimes. When I bought my first acre of land, I was able to do so at $4,500 an acre. Today, unprotected farmland is a minimum $100,000 an acre. Nobody else competes in this country at those kinds of high costs. I have farmers come in from North Dakota, Kansas, Illinois, Iowa, Colorado and they say well, how much is farmland worth around here? And I said, well, how much farmland do you have? And these guys will tell me I have 5,000 acres, I have 4,500 acres. I have got 6,000 acres and it is worth $4.5 million, $5 million, $6 million and so how much is a 60 acre farm on the north fork of Long Island? Well, about $6 million. And they are just absolutely astonished that a 6,000 acre farm in their neck of the woods would only buy them a 60 acre farm here. So our structural problem, regardless of what New York State Ag and Markets says, is something that we have to tackle in our generation. Fifty years ago our Town Board didn't have this problem. They had $4,000 an acre land out here. Fifty years from now, if we don't tackle it now, not tomorrow, not the next Town Board or the Town Board in 2020 but now it must be done, we won't have an industry of agriculture here in the Town of Southold or on the north fork in fifty years. We can't continue to operate for a $3,5000 an acre potato crops and lose money on that and still have to finance that land from farm credit east in Riverhead at $100,000 an acre. The principal and interest alone on that acre each year is $7,200. If it were development rights sold land at $30,000 an acre, that land still has a principal and interest, annual principal and interest of about $2,500. I have addressed you all as a member of the Ag Advisory Committee. You guys have seen these numbers. This isn't new stuff. But we as a community have to really focus on whether an industry such as agriculture which 50 years ago in 1960 was twice the size Southold Town Board Public Hearing 25 July 16, 2013 Amend Chapter 205 and acreage it is today here in Southold. Southold is about 34,000 acres. In 1960, we had 20,000 acres in this town in agriculture. Today we are down to 10,000 and we are simply holding the line. The other 10,000 acres went to what I call is the final crop and that is houses. We have 10,000 more acres waiting to go to the final crop if we can't keep farming. So you know, an agricultural operation today in this kind of cross structure that we are dealing with, needs to be able to generate $35,000 to $50,000 per acre per year of revenue. The winery side of the equation is number one, since the early 80's to mid 90's, wineries were the only agricultural operations in this town that were really allowed to do on farm processing, okay? And that on farm processing allowed a value added component to the product. That product, when sold at the wineries tasting rooms can generate up to about $20,000 to $25,000 per acre in revenue. So we have got a gap to make up between the $20-25 to the $35-50 and that gap, okay, some people have found the best way to do it is a special event called a wedding. We need other types of ways to do this and so it is critical if we are going to have an agricultural future in this community that we unlock some of this stuff so that all agricultural products or raw crops shall we say, can do value added components or we have can have greater lot coverage for greenhouses and start feeding Long Island more on an annualized basis rather than just use a square foot of farmland for one or two crops a season. One greenhouse operation out here has 50 harvests a year on their greenhouse operation. That would go a long way to making specialized or specialty crops for us make the revenues that we need to have in order to continue to operate these farms. Weddings per se, you know, that has done a great service to the community in creating the place as a destination for out of towners who want to bring their money here and more important, have the psychic value of having it done in a place that we have been able to keep rural and beautiful. Each wedding that comes out here to the Town of Southold, I estimate probably brings a gross of about $400,000 to $500,000 into the community coffers, one way or the other. To the caterer, to the winery, to the B&B's, to the restaurants, to gift shops, everything else. So if you have, and the vendors that I talk to tell me we probably have about 6 to 10 weddings a weekend out here in the summer season and through the fall, so we are getting up to $4 or $5 million in revenue that we never saw before and this helps us close the gaps on the losses in agriculture. And at, right now it has nothing to do with Ag and Markets in our structural problem. Our structural problem is that our codes, zoning, this special events law, they have got to catch up with the economics that we are experiencing or the lack of economics that we are experiencing in agriculture right now. SUPERVISOR RUSSELL: With all due respect, this is exactly what we are doing with this legislation. You espouse the virtues and the benefits of wineries and special events, we agree with you. How does this legislation stop that? In fact, all this really does is codify a review process that has already been in place in town government for the better part of two or so years. It doesn't stop the wedding from coming out here, it doesn't stop and by the way, you made me feel like a real cheapskate because I think I spent $8 grand on my wedding so, I need to buy my wife flowers on the way home tonight. I didn't realize they cost so much. MR. BAIZ: Okay, but you all have listened to us before from the agricultural advisory committee and you fully understand that we have got a structural problem and the time is now to take care of this and so here is the special events law. That is just a symptom of the lack of revenue and we have to find other ways, whether it is value added or increased usage of the land etc. and more intensive use, so, with all of this we have to do it now and I would like to see not Southold Town Board Public Hearing 26 July 16, 2013 Amend Chapter 205 just the special events thing, I would like to see some of the proposals that the Ag Advisory committee has made to the Town Board, all circling around coming together so we can have a holistic approval of what is needed here in order to sustain and advance our dominant industry which is both agriculture and the tourism that goes with it. that is what keeps the Town of Southold alive. Thanks very much. SUPERVISOR RUSSELL: Thank you, Chris. I think I can speak on behalf of the Board to say that we actually look forward to working with you on some of your proposals, very good proposals that came out of your committee recently. We look forward to working with you. Who else would like to speak? RON ROTHMAN: Hi, I am Ron Rothman and I want to commend the Board on the job they are doing on this and thank you for hearing me and maybe addressing some of my concerns. And my concerns are mainly special events. As a business owner up the street in Southold in the hamlet, how does this affect the business hamlet district of Southold? How does it affect me, if I go and have a sale and have 75 and 100 people come to my sale, without a special events permit, is this worded or is not affected because it seems to be directed toward the ag zoning? For me also, I have a gallery and part of my business model with the gallery centers around special events. And when you use the term special event and I have a special event, or with it a gallery opening. How does that fall into the category? I have no offsite parking, I have the same public parking that everybody else has and for me it is a concern because that is my business model. And with any other gallery. When I have events I have in-store music, I have events and I have had events that incorporated music, promoted music and the arts and as far as this goes with my business and my business model, every time I have a gallery opening am I going to have to apply for a special event permit or does this not apply to the hamlet business section? And the other thing, when I read the whole law, does it affect not-for-profits? So when the Southold Historical Society across the street does the same event, are they going to be, not have to get a special events permit even though the gallery is being operated by a private entity (inaudible). These are all concerns and I don't know whether it is off base because the hamlet business district is different than the agricultural but as a business owner in the hamlet, it is a concern because as I say, I could have a special sale which can fall under the category of a special event and then am I going to need a permit. The other thing along the same, as far as the hamlet goes, the concerts at Silversmiths corner. Are they special events? Do they fall under the category that they are going to have to start getting events permits to have a weekly concert which is more than the six per three months that the law allows for? And then Steve, I guess made a very good point wh ich hit me, there's $100,000 in agri-tourism grants which is going to be used, can be used and as far as events like jazz on the vine which is, does wonders for both the wineries and the area promoting music on the east end, is each winery going to have to apply for a separate events permit for jazz on the vine? These are some of my concerns and I thank you for hearing them and maybe clarifying them. SUPERVISOR RUSSELL: Sure. I will give you a couple of answers that I can answer. I know that specifically with regards to the Southold Historical Society, they are specifically excluded from the events legislation... MR. ROTHMAN: Well, that's one point. Southold Town Board Public Hearing 28 July 16, 2013 Amend Chapter 205 comments, read a lot of the written comments that were presented. If we could get a motion to close the hearing and then perhaps table the vote for another day. That is up to this board. This hearing was closed at 6:03 PM L Eliza eth A. Neville Southold Town Clerk RESOLUTION 2013-556 V ADOPTED DOC ID: 8956 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-556 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16,2013: RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed Local Law entitled "A Local Law in Relation to Amendments to Chapter 205, Public Entertainment and Special Events" is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA 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: James Dinizio Jr, Councilman SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell SUMMARY OF LL/AMENDMENTS TO CHAPTER 205 SPECIAL EVENTS THE PROPOSED LOCAL LAW THAT IS BEING NOTICED FOR PUBLIC HEARING THIS AFTERNOON 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. SPECIFICALLY, SECTION 205-2 IS AMENDED TO INCLUDE DEFINITIONS OF SPECIAL EVENT AND PARKING CAPACITY WHICH DETAIL THE TYPES OF ACTIVITIES THAT WILL TRIGGER THE REQUIREMENT OF A PERMIT. SECTION 205-3 SETS FORTH THE REQUIREMENTS OF A PERMIT FOR SPECIAL EVENTS AND DETAILS CERTAIN EVENTS THAT ARE EXEMPT UNDER CERTAIN CIRCUMSTANCES, INCLUDING: 1. EVENTS HELD ON PRIVATE PROPERTY OWNED BY ANY SPECIAL DISTRICT THAT IS CONTAINED ON SITE AND HAS ADEQUATE PARKING, INGRESS, EGRESS, TRAFFIC CONTROL AND SANITARY FACILITIES TO HOST SUCH AN EVENT; 2. EVENTS HELD ON PROPERTY OWNED BY A NOT-FOR-PROFIT FOR ITS OWN FUNDRAISING THAT IS CONTAINED ON SITE AND HAS ADEQUATE PARKING, INGRESS, EGRESS, TRAFFIC CONTROL AND SANITARY FACILITIES TO HOST SUCH AN EVENT;AND 3. OCCASIONAL EVENTS ON PRIVATE RESIDENTIAL PROPERTIES HOSTED BY THE OWNER THEREOF TO CELEBRATE FAMILY EVENTS, HOLIDAYS, CHARITABLE OR OTHER NOT-FOR-PROFIT FUNDRAISERS. ARTICLE II SETS FORTH THE SPECIAL EVENT PERMIT APPLICATION REQUIREMENTS FOR EVENTS THAT REQUIRE THE APPROVAL OF THE CHAIRPERSON OF THE ZBA WHICH INCLUDES EVENTS ON PRIVATE PROPERTIES WITH LESS THAN 1,000 ATTENDEES. SECTION 205-4 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 205-5 SETS FORTH THE REVIEW PROCEDURES AND STANDARDS TO BE FOLLOWED BY THE ZONING BOARD OFFICE. SECTION 205-6 SETS FORTH AN APPEAL PROCESS IN CASES WHERE A PERMIT IS DENIED BY THE CHAIRPERSON OF THE ZONING BOARD OF APPEALS ALLOWING FOR REVIEW BY THE TOWN BOARD. ARTICLE III OF THE PROPOSED LOCAL LAW CLARIFIES THAT THE TOWN BOARD WILL HAVE APPROVAL AUTHORITY FOR ALL EVENTS HELD ON PROPERTY OWNED, LEASED OR CONTROLLED BY THE TOWN OR FOR EVENTS WHERE THE EXPECTED ATTENDANCE EXCEEDS 1,000 PEOPLE. SECTION 205-7 SETS FORTH PROCEDURES FOR REVIEW OF SUCH EVENTS. SECTION 205-8 PERMITS THE ZBA OR THE TOWN BOARD UPON NOTICE TO MODIFY OR RESCIND A PERMIT UPON A DETERMINATION THAT REPRESENTATION OR STATEMENTS MADE IN THE APPLICATION WERE MATERIALLY FALSE OR INACCURATE OR WHERE THERE IS NONCOMPLIANCE WITH CONDITIONS OF THE PERMIT. SECTION 205-9 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. MAILING ADDRESS: PLANNING BOARD MEMBERS a P.O. Box 1179 DONALD J. WILCENSKI .~~OF SDUry~ Southold, NY 11971 Chair y OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex PIERCE RAFFERTY 54376 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) j MARTIN H. 9II)OR Southold, NY i Telephone: 631 765-1938 Fa= 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairma~ Date: July 10, 2013 Re: Resolution Number 2013-490 "A Local Law in Relation to Amendments to Chapter 205, Public Entertainment and Special Events" of the Town of Southold Code Thank you for the opportunity to provide comments on the proposed f amendments to the Town Code referenced above. The Planning Board has reviewed the proposed amendments and supports the adoption of this legislation. cc: Scott Russell, Town Supervisor Members of the Town Board Town Attorney i Neville, Elizabeth From: Russell, Scott Sent: Wednesday, July 17, 2013 1:49 PM To: Dinizio, James; Doherty, Jill; Talbot, Christopher; William Ruland; Louisa Evans (I pevans06390@gmail.com) Cc: Finnegan, Martin; Neville, Elizabeth Subject: FW: [SPAM] - 7/16/2013 Board Meeting - Comments on LL Amendments to chapter 205 FYI From: Laurie Mickaliger rmailto:lmickaliger@gmail.com] Sent: Tuesday, July 16, 2013 3:49 PM To: Standish, Lauren Subject: [SPAM] - 7/16/2013 Board Meeting - Comments on LL Amendments to chapter 205 1 am unable to attend tonight's public meeting regarding the amendments to chapter 205, but i would like to submit a comment. Can you please pass it along. Thanks. Ofter reading proposal for amendments to chapter 205 i feel that farms were left in limbo, there is no protection for events to be help on a working farm. To me this amendment is open to interpretation to the issuer of the permit- leaving a lot of wiggle room with no clear intentions. As a young farmer in Southold town i fear that taking away the ability (or not clearly stating the ability) to host events on a farm may be the downfall to our operation breaking even in the near future. As a young resident of the community i work several jobs to live here and two of those jobs are tied directly to special events at wineries, farms and outdoor locations. The trickle down effect of loosing the ability to hold special events reaches deep into the community not just the land holders. I understand that the special events issue in the town needs to be addresses and rules made to make it safe and un-burdensome to the community but i strongly believe this is not going to accomplish your original intention. I as you to take this back to the ag committee and develop a workable plan. Thank you, ric McBride RECEIVED JUL 17 2013 ioouthold Town Clerk t RECEIVED JUL 1 6 2013 LONG ISLAND WINE COUNCIL Southold Town Clerk Comments on Proposed Chanties to Southold Town Code Chapter 205 (Public Entertainment and Special Events) Introduction We welcome the opportunity to comment on the latest proposal for Chapter 205 on Public Entertainment and Special Events. We appreciate the fact that the Town Attorney has worked closely with officials of the New York State Department of Agriculture and Markets on this text over the past months. In general, we support many of the changes that have been made to improve the Special Events legislation as a result of the process. However, we would like to provide the following comments on the current draft. Section 205-2. Definitions. SPECIAL EVENT - We appreciate that the definition of Special Events no longer uses building capacity as a trigger for permits, but we continue to urge that the Zoning Code related to • permitted uses for farm wineries in A-C, R-80, R-120, R-200 and R-400 Districts be updated at the same time as the Section 205 legislation and that the permitted use language reflect current New York State law and practice, including Alcoholic Beverage Control licensing rules, to avoid conflicting requirements and discriminatory interpretation and enforcement. We would also suggest the following specific changes to the definition of "Special Event:" In the penultimate line of the opening paragraph, change "may" to "shall" so that the sentence concludes: or motorcycle rallies, which may shall involve one or more of the following: " In subparagraph 5 (ii), remove the qualification: " Section 205-4. Application Requirements. We appreciate that the proposed legislation continues to allow for a single permit for recurring events or a series of similar events that exceed the parking capacity of a site or involve a non- permitted use. However, we would again urge that multiple event permits be issued seasonally rather than on the basis of a set number over a defined period. By doing so, the Town will 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 penultimate line of the first paragraph of Section 205-2 would thus read as follows: "The Zoning Board of Appeals office may accept a single application for a recurring event or a series of similar events organized on a seasonal basis) that are of like size and scope. " We are pleased that the price scale for permits in Paragraph B has been simplified and reduced from the levels in the previous draft. However, we still consider the "late processing fee" to be a significant impediment for hosting smaller marketing opportunities that may arise within the 60- day time limit. We urge that the late processing fee be waived for smaller events which may not be viable under the proposed penalty. Section 205-5 Application Review Procedure and Standards. Following on our comments regarding the late processing fee, Paragraph A seems to suggest that only complete applications submitted 60 days prior to the event will be accepted. This paragraph should add a reference to the possibility of a late application. We welcome the fact that Paragraph D of the draft now suggests a time limit for the completion of the approval process. However, we would urge that the response time be considered mandatory (change "may" to "shall") and reduced even further (e.g. 10 days) to allow sufficient time for the applicant to promote the event, especially if the application is submitted within the 60-day time period. Moreover, we also continue to urge that application fees be refunded if a permit is rejected or if an applicant believes that the potential success of an event will be compromised by the appeal process or by conditions for approval. Paragraph F continues to require a deposit prior to the issuance of a permit to cover the • estimated costs to the Town associated with an event. We would suggest that it should be possible to waive the deposit for certain events or smaller activities that will not require additional town services. In this case, the text would read: `A deposit skalbbe-made may be required in an amount to be determined... " Section 205-9. Penalties for offenses. Paragraph B (1) continues to suggest that a fine of up to $1500 will be levied on a business if it fails to obtain a permit for a special event. We still believe it would be both unreasonable and unfair to impose a 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. For this reason we would urge that there also be a waiver possibility for such fines. In this case, this paragraph could be re-phrased as follows: "(1) 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 may be subject to afine not less than $500.00 and not more than $1,500.00. " In Paragraph B (3), we would urge that the subsequent offenses of Section 205-9(B) should not be treated as misdemeanors, but subject only to the fines proposed. The sentence would thus read: °(3) For each subsequent offense of §205-9(B), violators shall pmt&habk-by be subject to a fine of not less than $500.00 nor more than $5,000.00. " We would also urge that Paragraph C be deleted in its entirety. If a business disagrees with the Town's contention that a particular activity has violated Chapter 205 and decides to contest such a ruling, it should still be able to obtain permits for other activities that meet the standards of the Chapter. Otherwise, a lengthy, drawn-out resolution process regarding one event could severely impact the viability of the business over the longer term. LI WC: 7-16-13 2 significant impediment for hosting smaller marketing opportunities that may arise within the 60- day time limit. We urge that the late processing fee be waived for smaller events which may not be viable under the proposed penalty. Section 205-5. Aaolication Review Procedure and Standards. Following on our comments regarding the late processing fee, Paragraph A seems to suggest that only complete applications submitted 60 days prior to the event will be accepted. This paragraph should add a reference to the possibility of a late application. We welcome the fact that Paragraph D of the draft now suggests a time limit for the completion of the approval process. However, we would urge that the response time be considered mandatory (change "may" to "shalt') and reduced even further (e.g. 10 days) to allow sufficient time for the applicant to promote the event, especially if the application is submitted within the 60-day time period. Moreover, we also continue to urge that application fees be refunded if a permit is rejected or if an applicant believes that the potential success of an event will be compromised by the appeal process or by conditions for approval. • Paragraph F continues to require a deposit prior to the issuance of a permit to cover the estimated costs to the Town associated with an event. We would suggest that it should be possible to waive the deposit for certain events or smaller activities that will not require additional town services. In this case, the text would read: A deposit shall beanade may be required in an amount to be determined... " Section 205-9. Penalties for offenses. Paragraph B (1) continues to suggest that a fine of up to $1500 will be levied on a business if it fails to obtain a permit for a special event. We still believe it would be both unreasonable and unfair to impose a 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. For this reason we would urge that there also be a waiver possibility for such fines. In this case, this paragraph could be re-phrased as follows: • "(])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 mya be subject to a fine not less than $500.00 and not more than $1,500.00. " In Paragraph B (3), we would urge that the subsequent offenses of Section 205-9(B) should not be treated as misdemeanors, but subject only to the fines proposed. The sentence would thus read: "(3) For each subsequent offense of §205-9(B), violators shall pumbbable by be subject to a fine of not less than $500.00 nor more than $5, 000.00. " We would also urge that Paragraph C be deleted in its entirety. If a business disagrees with the Town's contention that a particular activity has violated Chapter 205 and decides to contest such a ruling, it should still be able to obtain permits for other activities that meet the standards of the Chapter. Otherwise, a lengthy, drawn-out resolution process regarding one event could severely impact the viability of the business over the longer term. LI WC: 7-16-13 RECEIVED JUL 1 6 26)2 Hello. Southold Town Clerk My name is Mary Lou Wickham. I live on Old Pasture Road in Cutchogue. I am a member of an old Long Island farm family, and am very interested in the future of agriculture here. Salt Air Farm in Cutchogue, as you possibly know, is considered to be the oldest complete farmstead in New York State. The entire farmstead is on the National Register of Historic Places as well. Our family, over the last 40 years, has put considerable effort and expenditure into restoring the house, the barn, the numerous outbuildings, and even the landscaping in a historically correct manner. It is now a wonderfully attractive asset to the Cutchogue/New Suffolk community. Its benefits are enjoyed by everyone. Like all farms, in order for Salt Air Farm to continue to exist, it must be able to pay its own way. Farmers need to be allowed to operate in ways that make sense for the future. It is reasonable that they be able to use creative ways to market their crops. I think it is important therefore that this legislation recognize weddings as an approved activity for farms to accomplish this. To that end, I recommend postponing the vote on this proposed law until after the wording is amended to reflect that. • Thank you. k (p JUL 1 6 2013 Dear Town Board: Uulhold Town Clem Thank you for continuing your thoughtful and public process on crafting this legislation. I would like to raise a few issues for your consideration. I am sorry that I cannot be here in person to offer these comments, I am taking care of my young children. I have asked Ms. Marks to read my comments to you and I appreciate her assistance. I offer these comments simply as a resident of Southold Town, and not on behalf of any organization or Ms. Marks. Customer Driven versus Organizationally Driven Events My first point is that two deeply different kinds of events are covered by this legislation, one of which the legislation could work for, and one which it can't. Events that are hosted by an organization, where the organization can be flexible to some extent about the date, or at least, are fully within the permit applicant's discretion, such as a charity run, an antique car show, etc., can • be regulated through a permit process. Events that are driven by a customer's request, however, like a wedding, cannot. For a business to book a wedding it has to be able to say at the time of the phone call whether or not it can book the wedding. It simply doesn't work to say, well, I'd like to host your wedding and in a few months I'll let you know if I'm allowed to. That doesn't mean that weddings need to be allowed willy-nilly; just that a different process is required. For example, venues that would like to be able to host a certain number of weddings a year should be able to apply for an annual license, and the license can be analyzed according to much of the criteria in this events legislation. But the actual wedding dates wouldn't be known at the time of the licensing; instead the town could cap the number of weddings allowed per month or year. If the Board does not make this change-exempting weddings and other customer driven events • and creating an alternative regulatory process for them-it functionally prevents any of those events from happening as surely as if it had forbidden them. Timeline Related Comments A second set of comments relates to timing as spelled out in 205-5. As a general matter, the code imposes a couple of deadlines on the applicant-applying at least 60 days in advance and appealing a rejection within 10 days-but none on the town's side of the process. This lack of timeline can make organizing and marketing an event impossible, because why would an organization invest the resources to organize and market an event it doesn't know if it can have, and how can it create certainty for itself by applying early enough if there's no deadlines on the town? Another cluster of concerns I have relate to the bill's definitions and places where I think the language is ambiguous. Let's start with the definition of special event, which is a combination of the definition at 205-2 and 205-3(B). First I suggest that these two sections be merged so that a person can go to one section and determine whether or not this bill applies to them. Second, I urge you to revise this part of the sentence in 205-2: "....including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following... " My concern is this: by saying "which may involve" rather than "which involves", the list of legitimate concerns in I through 9 is irrelevant; all that is necessary to qualify as a special event is to be a use not permitted in the zone or to be an event that requires extra parking, and which is not otherwise exempted by 205-3(B). I think the intent is to include only those events which not only require extra parking or involve a use outside the normal zoning AND which involves one or more of I through 9, but perhaps I'm wrong. If that's the case, the "may" needs to be deleted. If not, and really all that's necessary is • to require extra parking, then the legislation should be explicit on the point and delete 1 through 9. Potential applicants need to be able to read the bill and have certainty whether or not it applies to them. I also have two definitional concerns relating to 205-3(B). First is that B&Bs are generally residential properties that have valid licenses from the town to operate commercially. They should be allowed to have weddings or other profitable events on their properties that otherwise comply with special event permit requirements of this chapter. At the moment 205-3(B)(3) prohibits it. Second, the flat prohibition on profitmaking activities on residential properties in 205-3(B)(3) in theory reaches even yard sales or lemonade stands. I urge the board to thoughtfully consider the prohibition language in the bill and amend it so that people don't need permits to do such ordinary things. • Another definitional concern I have is that in places the bill talks about persons, and in others, about attendees, and it's not clear what the boundaries are between them. The bill should have its provisions tweaked just to make things clear. Relatedly, the bill talks about "tents", and I heard at an earlier hearing about the word "awning" as well; should the bill say both, or is it intended to reach only tents and not awnings? Also, what is the policy concern behind knowing the collective number of people, rather than the maximum at one time? Process Concerns First, it's terrific that you are requiring decisions in writing explaining reasons. However, I urge you to make those decisions public as a matter of course, on the website, whether real time or as part of an annual report, so that the public can be confident that decisions are being made in a consistent, evenhanded manner. Second, I have a few process concerns with 205-4, 205-5 and 205-8. 2054(F) gives the Chairperson discretion to require notice to neighbors before events. While as a general matter that makes sense, I urge the board to impose some objective criteria, such as if the event starts particularly early or ends particularly late; or if the event involves a certain number of people or more, then the chairperson can in his or her discretion require notice. Another process concern relates to incomplete, but accepted applications. 205-5(A) simply says such incomplete applications may not be processed, which is fair as far as it goes. But it should have a provision ensuring that the applicant is promptly notified the application is incomplete, and how it is incomplete, so they can timely complete their application. That is probably the underlying idea, but putting it in the code gives applicants certainty. 205-5(D)(12) is also potentially problematic. D(12) allows a permit to be rejected if certain • impacts occurred during a previous event. But the entire list of issues is considered when granting a permit, and presumably, that consideration includes deciding to allow a certain degree of impact, an amount judged acceptable in light of the rest of the application. Frankly, no covered event will have zero impacts. D(12) should be redrafted to make clear that the permit can be rejected if any of the listed impacts was materially greater than anticipated when the earlier permit was granted. 205-8 involves modifying or rescinding a permit when the permittee is out of compliance or misrepresented the event in the application. That's great as far as it goes. But the permittee should have an opportunity to cure the problem by coming into compliance or by demonstrating that it did not misrepresent the event so much as have a good faith miscommunication about it, and accepting and complying with any permit modifications needed to reflect the accurate understanding of the permitted event. That is, bad acting should be punished, mistakes should be • given an opportunity to be fixed. Punishment My last comment has to do with the punishment for violations. Conceptually it all makes sense, but when it comes to the misdemeanor and the application was made by an organization or a business, who is to be convicted of it? The owner? The manager? The bill should be very clear how the person to be punished will be identified so that the person has notice and an opportunity to comply with the law-that is, to ensure the event complies with the law. Conclusion Thank you for hearing me out, and more generally for your clear commitment to addressing these thorny issues in a transparent, public process. For example, see 205-5(B), which says comments may be solicited from a number of entities, but it contains no deadline for any of them to submit their comments. 205-5(B) should be amended to include a deadline and a requirement that any comments received after the deadline cannot be considered in evaluating the application. Similarly, in 205-5(C), there's no clear deadline for the chairperson to make a determination about whether revisions are necessary and to notify the applicant of what those revisions are, if any. True 205-5(C) says the determination that revisions are or aren't needed will be made "Upon receipt of the comments", but what does that really mean? What if the last set of comments comes in at 3pm on a Friday? What if the comments run to 30 pages and require thoughtful consideration? And making the decision is one thing, providing proper notice about what revisions are being required is another step. 205-5(C) should be revised to include a deadline after the date that comments are due in for the Chair to provide written notice to the applicant stating what revisions are being required or that no revisions will be required. • Last on this point, what kinds of revisions are you talking about? I ask, because after determining revisions are or aren't required, the chair is given 30 days to approve, reject, or conditionally approve the permit. That extra time makes perfect sense if the revisions are simply a request for further information, but if the revisions are requirements to change the nature and details of the event, why isn't their request functionally the same as a conditional approval? That is, why require changes to the nature and details to the event and then reject it anyway, or, upon approving it, impose further conditions? 205-5 (C) should be clarified as to what is considered a revision to an application. Another provision that needs a deadline is the appeals process in 205-6. Requiring the appeal be filed within 10 days is good but there should also be a deadline on the town board to hold the required public hearing and a deadline to issue a decision after that hearing. Those deadlines • should be consistent with ensuring the public and the board can give meaningful consideration to the appeal, but be otherwise as quick as possible so that an organizer can try to move forward in a practical way. Perhaps one of the revisions, in addition to imposing the deadlines above, should be to change the requirement that the application be submitted 60 days in advance to 90 days or even longer. Surely organizers would rather start earlier in exchange for a timely decision rather than run the risk of having invested a lot of resources in an event only to cancel it at the last minute. Definitional Comments From: 07/16/2013 13:42 #686 P.001/001 To the Town Board -765-4-! ~c r pFf -7 ~ I am not able to attend the meeting tonight due to a prior commitment. e a ref' I'd like to give my input on the issue of Salt Aire Farms having numerous weddings. What started out as an occasional event has now become a commercial/wedding/catering operation. I am a close neighbor on New Suffolk Rd. and would like to remain anonymous. The noise level from these weddings is unacceptable. The day before the wedding trucks come delivering tents, chairs, tables, porta-pottys, catering trucks. The day after, trucks come and dismantle and haul away. Its become a commercial operation in a residential neighborhood. During the wedding, we are forced to listen to loud wedding music for hours, only hoping this song is the last! Can you imagine having a small party at your own house that day and have to listen to the music and the loud hooting and hollering that goes with a wedding where folks are celebrating and drinking. Or gardening all day to loud music which is not to your taste or liking. Its noise pollution! It wears on you. Which leads me to, cars are leaving after dark (9-10 pm) onto a dangerous blind curve on New Suffolk Road after several hours of imbibing on alcohol .....quite a dangerous situation. The noise makes it impossible to entertain or enjoy my backyard and we must sit inside and wait for yet another wedding reception to come to an end. I work all week and pay high taxes on my home and yard to be able to meditate, relax, nap, whatever. Weekends are supposed to be restorative. Summer is very short and sweet and we live in a residential neighborhood. I wouldnt have moved next to a catering hall. I remember some years back there was another local "bed and breakfast" that was told to cease holding weddings as per neighborhood complaints. This should be no different. We could all say we have a "bed and breakfast" and do the same. It has to end somewherel This wedding function is growing at this location. Thank you, A concerned taxpayer RECEIVED It At 1 6 2013 Southold Town Cleric 1 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. AN EARLIER VERSION OF THIS LOCAL LAW WAS THE SUBJECT OF A PUBLIC HEARING ON OCTOBER 9, 2012. ALL OF THE COMMENTS MADE AT THAT HEARING WERE CONSIDERED BY THE TOWN BOARD AND MANY WERE INCORPORATED INTO THE CURRENT LOCAL LAW. SPECIFICALLY, SECTION 205-2 IS AMENDED TO INCLUDE DEFINITIONS OF SPECIAL EVENT AND PARKING CAPACITY WHICH DETAIL THE TYPES OF ACTIVITIES THAT WILL TRIGGER THE REQUIREMENT OF A PERMIT. SECTION 205-3 SETS FORTH THE REQUIREMENTS OF A PERMIT FOR SPECIAL EVENTS AND DETAILS CERTAIN EVENTS THAT ARE EXEMPT UNDER CERTAIN CIRCUMSTANCES, INCLUDING: 1. EVENTS HELD ON PRIVATE PROPERTY OWNED BY ANY SPECIAL DISTRICT THAT IS CONTAINED ON SITE AND HAS ADEQUATE PARKING, INGRESS, EGRESS, TRAFFIC CONTROL AND SANITARY FACILITIES TO HOST SUCH AN EVENT; 2. EVENTS HELD ON PROPERTY OWNED BY A NOT-FOR-PROFIT FOR ITS OWN FUNDRAISING THAT IS CONTAINED ON SITE AND • HAS ADEQUATE PARKING, INGRESS, EGRESS, TRAFFIC CONTROL AND SANITARY FACILITIES TO HOST SUCH AN EVENT;AND 3. OCCASIONAL EVENTS ON PRIVATE RESIDENTIAL PROPERTIES HOSTED BY THE OWNER THEREOF TO CELEBRATE FAMILY EVENTS, HOLIDAYS, CHARITABLE OR OTHER NOT-FOR-PROFIT FUNDRAISERS. ARTICLE II SETS FORTH THE SPECIAL EVENT PERMIT APPLICATION REQUIREMENTS FOR EVENTS THAT REQUIRE THE APPROVAL OF THE CHAIRPERSON OF THE ZBA WHICH INCLUDES EVENTS ON PRIVATE PROPERTIES WITH LESS THAN 1,000 ATTENDEES. SECTION 205-4 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 205-5 SETS FORTH THE REVIEW PROCEDURES AND STANDARDS TO BE FOLLOWED BY THE ZONING BOARD OFFICE. SECTION 205-6 SETS FORTH AN APPEAL PROCESS IN CASES WHERE A PERMIT IS DENIED BY THE CHAIRPERSON OF THE ZONING BOARD OF APPEALS ALLOWING FOR REVIEW BY THE TOWN BOARD. ARTICLE III OF THE PROPOSED LOCAL LAW CLARIFIES THAT THE TOWN BOARD WILL HAVE APPROVAL AUTHORITY FOR ALL EVENTS HELD ON PROPERTY OWNED, LEASED OR CONTROLLED BY THE TOWN OR FOR EVENTS WHERE THE EXPECTED ATTENDANCE EXCEEDS 1,000 PEOPLE. SECTION 205-7 SETS FORTH PROCEDURES FOR REVIEW OF SUCH EVENTS. SECTION 205-8 PERMITS THE ZBA OR THE TOWN BOARD UPON NOTICE TO MODIFY OR RESCIND A PERMIT UPON A DETERMINATION THAT REPRESENTATION OR STATEMENTS MADE IN THE APPLICATION WERE MATERIALLY FALSE OR INACCURATE OR WHERE THERE IS NONCOMPLIANCE WITH CONDITIONS OF THE PERMIT. SECTION 205-9 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. RECEIVED Steven Bellone JUL 1 6 2013 SUFFOLK COUNTY EXECUTIVE Department of Southold To Economic Development and Planning Town Clerk Joanne Minieri Division Planning County Executive and Commissioner i and Environment July 12, 2013 Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn: Elizabeth A. Neville, Town Clerk Applicant: Town of Southold Zoning Action: Amendments to Chapter 205, Public Entertainment And Special Events Adopted Resolution No. 489 & 490 S.C.P.D. File No.: SD-13-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 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 determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andre Chief Planner APF:cd LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4lh FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (671)853-5191 I OJUL. 15. 20131 2: 03 PM 631-853-4044 S C PLANING DEPT NO. 857 P. 1GE 02 II i i= Steven rY ! sorrvLxcovN*Y F%eCIMVE { Department of Economic Development and 7lannu3g C, I Division of Planning Joanne pfinieri and Environment Aeputy coanty Executive and Commissioner i. July 12, 2013 RECEIVED Town of Southold 53095 Main Road JUL Z 5 213 p.0. Box 1179 Southold,NY 11971 Town Attorney's Office I • Attn: L1117aboth A. Noville, Town Clerk I I' Applicanr. Town of Southold And Public Entertainmont 7.oning Action: Amendments To Chapter 205, Special Events Adopted esolution No, 489 A90 S.C_P.D_ File NO.: SO-13-LD L Dear Ms. Neville: Suffo County ant to the bovf renced which has been submitted to he SuffolklCo mry Plandn g~C msmi Co e, ion is considered to be a matter for local determination as there is no apparent significant county-wide or j inter-community impact(s). A decision of local determination Should not be conST ucd as either an • approval or disapproval. Very truly yours, Sarah Lansdale Director of Planning Andre cD Chief Planner APF:cd I' LEE OENNISON 6LDG ¦ 109 YETERANa MEMORIAL HWf. 9th FI ¦ O.O. Box 61 DOE NAUPPAUGE, NY 77788-0099 ¦ (831) 853-6191 OFFICE LOCATION: ~~OF SO(/TyO MAILING ADDRESS: Town Hall Annex ,~O l0 P.O. Box 1179 54375 State Route 25 y y Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) T 't Southold, NY 11971 H Telephone: 631 765-1938 • ~O Fax: 631765-3136 ~y00UNf'1,~~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED JUL 1 1 2013 To: Supervisor Scott Russell Southold Town Clerk Town of Southold Town Board • From: Mark Terry, Principal Planner LWRP Coordinator Date: July 10, 2013 Re: Local Waterfront Revitalization Coastal Consistency Review of "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 Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J. WILCENSffi OF SOUj~o! Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY G C 54375 State Route 25 JAMES H. RICH III .'2 I (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR ~~youthold, NY Comm tl1` O Telephone: 631 765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Scott Russell, Supervisor JUL 1 1 2013 Members of the Southold Town Bo~Yd Southold Town Clerk From: Mark Terry, Principal Planner • LWRP Coordinator Date: July 10, 2013 Re: "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5 (25), the action, as proposed, is a Type II action and therefore not subject to SEQRA review. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney 40 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J. WILCENSKI SQVryO/- Southold, NY 11971 Chair ~O OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR u ,M COU Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairmawo* • Date: July 10, 2013 Re: Resolution Number 2013-490 "A Local Law in Relation to Amendments to Chapter 205, Public Entertainment and Special Events" of the Town of Southold Code 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 supports the adoption of this legislation. cc: Scott Russell, Town Supervisor Members of the Town Board Town Attorney #11255 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 4th day of July, 2013. Rif Z- - e^, Principal Clerk Sworn to before me this day of 2013. &RIINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK N0.01VO6105050 Qualified in Suffolk county my Commission Expires Folmory 26, 2016 hearing on the at crgooes, mcladwg: ihd a be be snhmitted for review by Southold Town *A 1. Eveaas bald an privYe proiserty ilk* Pset, in6 0%bat not knelled sq a • Southold, New Yost, as j owsrd by any sperJd district that is am- dawipde s arthe went, a parkig/evcnt July, 2613, at 4c10Pi at w1rich tress all faired co site and has adequate parking, plan, a description of signage to be dis- interested persons: will be given an op- ingress, cgs=4 traffic control and sani- played and a schedule of the applisatiea portunity to he heard. tary facilities to host such an event; fees which varies depending an the sic The intent of the proposed local law 2. Events held on property owned of the event. The Zoning Boap# Ap- o to establish pircIfieAaes and require- by a not-for profit for its own fundtais- peals office may accept a siogl~t mgt for candy ifl,b evean in ing that is contained on site and has tion for a recurring event or a of the 16wn at So1d FSW, W e~ eee rve the adequate pilling, ingress, egress, traffic events that are of like site and map& . POW peace, goad binder. the integrity control and unitary facilities to hose Section 205-5 seta forth the review of me at sogartiee. awbWred under such an event; and procedures and x6ndardC to befrriw+ the aoooogcode, W p[e¢stlyptavide for 3.Ociiialppal events w private rest- by the Zoning Board of Appeabaees. 1A ICY sB6YiQs1, thehadds, edely OO&W sllne.ol the am- dentist prtiporties hosted by *e owner Switch' 205-6 sets forth an appeal Yia 'been pnnepsed fo Ore Town eel Public and to Provide P0811ies for thereof to celebrate family events, hoB- process iucaseswherea permitis stared ogthe`fova of SosdhoW, SsdJdk violations days, charitable or other not-for -profit by the cha rperaon of the Zonng Dowd f ot9, New York, the lfph day of Specffirally, Section 205-2 is amended fu chnseent of Appeals allowing for review by the Jane, 2013, a Local Law entitled gll~ - to include definitions of speemi event Article insets forth the special event Town Board. Id i rdsslae b Amrainers d and parking capacity which detail the permit application requirements for vitiate 111 of the l,slwu*w ir. types of activities : that will trigger the events that require the approval of the &ANt t~giaf.Evea6^ and requmement of a permit. Section 205-3 chairperson- of the ZBA with includes t Isom 1p1d NODE IS HBBEBY FURTHER seta forth the requireme_atp of st Presort ava~ lip loft psrperlw with lens I M *e Tbwn Y or for events where the ea- fltYJ4;pf thaF ths~ tliil 'sM aap66t:a r1f116= oealin am 3M 6MUdsa Sasxian 2054 by '#i s,6 laalbAi' s11a {asiipl-issi sesr spaddr dss iiteesseon ad ®atnials point attendance exceeds 1006 psepi. Sod m 205-7 sets forth procedures for review of such events Section 205-8 permits the ZBA or the ~u Board-, upon notice, to nba ty or THE TOWN OF SOUTHOLD Elizabeth A. Neville t Town Clerk f 11255-1T 7/4 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 8' day of JUc y , 2013, 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: Chapter 205 izabeth A. Neville Southold Town Clerk Sworn before me this ` day of 014,141- 2013. Notary ublic 7- LINDA J COOPER NOTARY PUBLIC, State of Neer; V( NO. 01 C04822563T Suffnik C Term Expires December 31, 23Jy 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 181h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments of 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 hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 161h day of July, 2013, 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. 2013 • 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. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: Srs.. a. Certain enter-tainment , peFmit required. A. T-E) presen,e publie peaee and geed order and ie pFeveat tumultuous assemblages, the follewing «e ial `.ens shall be Oh:b:ted in the Tv..aa of geu4held, unless it is obtained in ....ee-;:dn«e° .vats hth.° ..°....:.......ents set f Fth bbl (n (1) All e ent. or e w owned, 1 d 11 d v) u aa, having as V publ:e nduet°d ....td,.,. w.. h persons h d fee- a sponsorship .^_..^-r°^uested deep..n and held on a one tifne 1 basis eluding but net limited io _afnivale.._»., fair-s, vh....".... o_tdoo - sheus, parades,,.,s aaaN :thee of h:e t prohibited To of Sout.eld «le ° :t : obtained .av ein the „eee«danee w4h the «e....:«ement° set forth below. the ....3,....N.N V., NYNa .,y of . N the YN ubl:a,~.e a ° of the building B. Applieation for events an or- utilizing preperty owned, !eased or- eenifelled by the Town: (1T \ All annliea4:ons C ' a e:aI a ents nn.....:t shall be made to the Toym iT B6afd 6fthe TOV , ~R Af ~;Fll - ARM R , t least 60 days prior- to the proposed date ,.f A.,. ,.....«t And filed- ...:«L as To...n rle«L toonA.°« ...ah a C e of $100;-a ,.Ina...... deposit F ° of Q2e0. . and a ae..tiaan4n ofinsnraRee °°t Ieaa N.a.. $1,000,000 naming the :FeA% of Southold as an additional insured dtHin,g the 4:...... of the event. Eli U'hef:e the To..,..rr Do°"1 noaxc dvcnxxx~Termin°s Q Cn.atm 4ml.°'crc ° is r~ ° rnr ° s°conio 'C,. T..m....rxr bereft ~ ~.-ricrzxac-iv~-~---op --rvcnor[s ven4 is 0` duet°'1 F `...oAt a deposit ..1...11 be the event of uiuczii.rc. ~ mach:.. n .nt to be '1°tefmi n°'1 n f: to issuanee of the "":t bas°d 6:a6...n.. °os4a a :a4°'1 ...:8h the event. After- theevent, the depas:a ...:11 Upon filing an wyyvucien alevent o ea, IPRqPd A u eentr-olled by the Toym, the applioafA shall send . °:k°n not'°° to evefy the a an4 Town of Southold assessment ..all and direeN.. opposite (by .a. that is the s o.bjeet of th or by the . To....... c,wt v .o the ~f..v.-yr-s..c nnl:eay.,..uti,. a,... . aII,... ....1:emien° F « a speeial a °°4s "":t C « s u,,n parade, walk-, .y a p uu.uvaavu, v vJvav aw vp va miiiu , nnt:ee shall be given to nE: nt to the la a4:e efthe eanuneneemeat ef the event and to _ nl...tt:n ad:a nt to the In at'o of the tefminus of the e en4 The Te A% Beard may reqUiFe additional notice, ineluding but not limited to p4liea4ien and signage, based upon shall :nel..ae the aa4a, cmx timec and m~u 1°°°t xvouc'°°nnr vr of 41.,. [nc « piopvv ~ seacv sp:iel carcm ent ..............ww....,,.. ww...----°onr. 41.e fe.. xvc[.a the T°••m cv~m De vvmafa d shall have c1. nc `I ' ~'~-Notwithstanding -[.xxc sviir'~~-~msxrn~aoor[zaori set F.th:n AInc 1D/1\through /2\ to waive any wyy....w.,.....vyw,icm.. above. • r Te...« Beard review ':t°«a. In determining whether to issue : 1 events .....:t on an nl:e°tie.. C r a event b Y on or- „t:l:..:«a n~aY J ne..t.. a %ea. Is d re app or- eonlf by the To..a. the Tey ffi Beard of 1. T f C 1. ld 1' 11 'd lo...:..ne. the fImxvmS uiv- (1) The size of the pfefnises in reiatieft te the number of peeple attending4he event; (2) The fF of a `«t'°1 t.nff:a '1. J b e~ e noisL-, lighting nd.ef.. ° as (33) The equeney oof eyenxts-proposed -iii-appf-eves fe -the=premises-and nether the fiequeney is so `et that the a ..t,. a nstit..te a pefsiste suffounding [A) !`onfliets .,:th ordi.en., publie use of the land of F . ilifies involved-, (5) Whether the applieanrhas been eonvieted- for- failere to eemply with the terms of this ehapter within !he past thfee years; and the Friday before the obse •e Y«ee of Memorial Day until r abet Day. B. App ieatiens Br tents iina°.-'rthis oixapccrcixu$cvc stibmit4ed to the Building OepaAfnen4. E. if a wi iefy holds an outdoor event, vi-prom, at w ieh the eexpeeteed acieendanee exeeeds the mwEifnth`• , eeti«„n•'••.r......J • of the publie area of building, •h...: ..xr«,.aT . the f........v area yr ......uz~xc- .,...ot w..a.,r approval Fn ..m the Zoning Beafd of Appeals. A « „ plieati..n shall be • aeearnpanied J a fee of $50. in b eh approval, the F ll« F etors must be eensidered, (1) All parking must be eff skeet, and trafne eontfelmust be pFE)vided by the ,J Adequate sanitary Fssoirin1'tie cs most be ,lcv az-m-xxixsrprmic (3) All food must be eatefed Emd prepared og site. (4) Events for 300 or- more people require preparpAion ofa tfaffie eentfol plan. L' All ether .hl: etiyitie ..hieh are net „ permitted use ..,1,... the C ld Te-Affi Code shall require the approval of the 9ening Board of Appeal Penalties; fer- effefises. An offense against the pr-ovisions ofthis ehapter shall onst't'•te ales: of the eh.. to «d shall be punishable b a fine of net more than $2,500. ARTICLE I GENERAL PROVISIONS 4205-1. Purpose It is the intent of this Chapter 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. &205-2. Definitions. PARKfNG CAPACITY - for the purposes of this Chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT - Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable Zoning District or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site 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, which may involve one or more of the following: (1) The closing of a public street. (2) The use, blocking or restriction of Town property, roads or rights of way; (3) The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. (4) The sale of merchandise that is not ordinarily sold in the normal course of the Applicant's business. (5) The sale or service of food to the public with the exception of the following: (i) on land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site, or (ii) on land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or • service of food items which customarily compliment wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. (6) The substantial increase or disruption of the normal flow of traffic on any street or highway. (7) The placement of portable toilets. (8) The placement of temporary no-parking or directional signs or banners (9) The use of any Town services that would not be necessary in the absence of such an event. 4205-3. Permit required. A. 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 and as follows: (1) All special events on private property and with an expected attendance of less than 1,000 attendees shall obtain the approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article II of this Chapter. (2) All special events on private property with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set forth in Article III of this Chanter. B. The provisions of this Chapter shall not apply to: (I) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and • sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events holidays charitable or other not-for-profit fundraisers, however, any use of residential property for profit, such as a venue for weddings or other events is prohibited. ARTICLE II SPECIAL EVENTS REQUIRING CHAIRPERSON OF THE ZONING BOARD OF APPEALS' APPROVAL • &205-4. Application Requirements. The following information and materials are to be submitted with an application for a special event permit 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. A. A completed Special Event Application Form which includes the following information: (1) Name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and durine the event by Town officials. (2) The address of the event location. (3) Proposed dates and hours of the special event, including set-up and shutdown times. (4) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) 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. (7) Name address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. (S) 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. . (9) 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. (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of $1 million dollars per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. An application fee in the following amounts for each event: (1) $150.00 for events where the expected attendance is less than 500 attendees. • (2) $250.00 for events where the expected attendance is 500 tol,000 attendees. (3) 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. C. A general description of the proposed event including: (1) The pMose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) Names of gimps, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing; (1) The size of the property and its location in relation to abutting streets or highways. (2) 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. (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. (5) Location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) 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. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. . (10) 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. 01) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) Location and description of any additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site. E. A description of any sig_nage to be displayed adjacent to a Town, County or State road, including size, location and dates of display. F. The 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. G. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in Section 205-5(E)(1)-(15) or for the protection of health, safety and welfare. The Chairperson's determination of any waiver request shall be in writing to the Applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Chairperson may attach appropriate conditions to protect the public interest. 4205-5. Application review procedure and standards. A. 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 may not be accepted or processed. B. When the Chairperson of the Zoning Board of Appeals determines said application is complete, the Chairperson shall distribute said application an d documentation to any Town, County or State agencies that may have iurisdiction over the event for their review and comment on any of the criteria set forth in §205-5(E) 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 Assessors and Town Attorney. • C. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. D. 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 within 30 days of receipt of the complete application E. In determining whether to grant a special event permit the Chairperson of the Zoning Board of Appeals shall consider the following; (1) The size and capacity of the site to accommodate the proposed event (2) The facilities available. (3) The availability of highway and other means of transportation to and from the site. • (4) Impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) Need for the Town to police such event and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) 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. (7) Impact of the event on the movement of fire-fighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) Impacts on adiacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) 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. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) 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. (1) Any other matters that relate to the health, safety and welfare of the general public. • F 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. G A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. H. 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. 1. Applications for tent permits required for any event must be submitted directly to the Building Department. • 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm or reverse the determination of the Chairperson subject to any conditions deemed appropriate under the circumstances. ARTICLE III SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL 205-7. Events held on Town lands or events exceeding 1,000 attendees. A Any event held on property owned, leased or controlled by 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 following the submission of an application to the Town Clerk sixty (60) days prior to the proposed event. In reviewing applications for such events, the Town Board may consider the following additional criteria in addition to the criteria set forth in Section 205- 5(E) above: (1) The size of the premises in relation to the number of people attending the • event. (2) The sufficiency of arrangements made to control traffic, parking noise, lighting and refuse. (3) 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. (4) Conflicts with ordinary public use of the land, roads or facilities involved. (55) Whether the applicant has been convicted for failure to comply with the terms of this Chapter within the past three years. (66) 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. (7) If two or more events with an expected attendance of more than 1.000 • people are scheduled for the same date and are within a half mile radius of each other, the Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board shall deny one or more permits if the impacts of the events cannot be mitigated. When deciding which event to deny, the Town Board 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. B. For any special event that is to be held on land owned, leased or controlled by the Town of Southold the application shall include the following: (1) A completed Special Event Application Form which contains the following information: (i) Name, mailing address, e-mail 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. (ii) The proposed event location and type of event. (iii) Proposed dates and hours of the special event, including set-up and shutdown times. (iv) Expected maximum number of persons intended to use the • property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (v) If there are any special requirements needed for the event including, but not limited to, police presence or road closures. (2) Application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (4) A minimum clean up deposit of $250. (5) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional 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, highway and clean up 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. (6) Any additional information required by the Town Clerk. C. For any special event where the expected attendance exceeds 1,000 attendees, the application shall include all information required under &205-4 (A), (C), (D) and (E), as well as the following: (1) An application fee of $350.00. (2) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. (3) The Town Board 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. D. Notwithstanding the foregoing, the Town Board, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. ARTICLE IV ENFORCEMENT 4205-8. Modification or rescission of permit. A If, after apennit 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 tenns of its pennit 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. 4205-9. Penalties for offenses. A. 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. B. For each offense against any of the provisions of this Chapter or failure to comply with a written notice, directive 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: (1) 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 $1,500.00. (2) 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. (3) For each subsequent offense of &205-9(B)_(1) or (2), violators shall be guilty of a misdemeanor punishable by a fine of not less than $500.00 nor more than $5,000.00. C. 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. D. 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. 11. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: June 18, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk 4 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 18`h day of June, 2013, a Local Law entitled "A Local Law in relation to Amendments of 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 hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of July, 2013, at 4:32 p.m. at which time all interested persons will be given an opportunity to be heard. The intent of the proposed local law is to establish procedures and requirement 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. Specifically, Section 205-2 is amended to include definitions of special event and parking capacity which detail the types of activities that will trigger the requirement of a permit. Section 205-3 sets froth the requirements of a permit for special events and details certain events that are exempt under certain circumstances, including: 1. Events held on private property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; 2. Events held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to hose such an event; and 3. Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for -profit fundraisers. • Article 11 sets forth the special event permit application requirements for events that require the approval of the chairperson of the ZBA with includes events on private properties with less than 1000 attendees. Section 205-4 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 the application fees which varies depending on the size of the event. The Zoning Board of Appeals office may accept a single application for a recurring event or a series of events that are of like size and scope. Section 205-5 sets forth the review procedures and standards to be followed by the Zoning Board of Appeals office. Section 205-6 sets forth an appeal process in cases where a permits is denied by the chairperson of the Zoning Board of Appeals allowing for review by the Town Board. Article III of the proposed Local Law clarifies that the Town Board will have approval authority for all events held on property owned, leased or controlled by the Town or for events where the expected attendance exceeds 1000 people. Section 205-7 sets forth procedures for review of such events. Section 205-8 permits the ZBA or the Town Board, upon notice, to modify or rescind a permit upon a determination that representation or statements made in the application were materially false or inaccurate or where there is noncompliance with conditions of the permit. Dated: June 18, 2013 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Town Clerk • Please publish on July 4, 2013 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 Suffolk Times Town Board Members Town Attorney TC Bulletin Bd Web site o~Og11fF0(,(-c0 ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 w Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 5 Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 2013 Re: Resolution Numbers 2013 - 489 & 490 "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" of the Code of the Town of Southold. Andrew P. Freeling, Chief Planner Suffolk County Department of Planning • Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freeling, The Southold Town Board at their regular meeting held on June 18, 2013 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 P.M., Tuesday, July 16, 2013. Please do not hesitate to contact me, if you have any questions. Thank you. • Very truly yours, Eliz eth A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney o~~gUFFO['rC ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 W Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER O'f~ Telephone (631) 765-1500 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 21, 2013 Re: Resolution Numbers 2013 -489 & 490 "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 June 18, 2013 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 P.M., Tuesday, July 16, 2013. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, l2 Eliza th A. Neville Southold Town Clerk Enclosures (2) cc: Town Board Town Attorney RESOLUTION 2013-490 +-0'' ADOPTED DOC ID: 8906 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-490 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2013: 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 Southold Town Plannine Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] • MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • +'®RESOLUTION 2013-489 °°'•'1'6 ADOPTED DOC ID: 8904 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-489 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2013: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of June, 2013, 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 16th day of July, 2013 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. 2013 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. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: required. §205 1. Certain entev4sinment r-estrieted; permit A. To « e e e publie « e and goad or-der and to « erA ..mint.,..s a fabl..e,... the • ...........,b..r.....,...... v..w s,... w N.v.xxv «the Te.. of Southold, unless " apeffflit is (l) -All events or aetivities o a ing or>pr-apeFtya!eased or- eontfelled by the requested donation and held on a e ti....o ....1 basis, ....1«d:.. but no limned `e e .elm eireuses, f :-s he°ee"° outd...... shows, parades, walks, peFmit is obtained aeraefdanee with the requirements f h below. (2) Outdoor events awinefy, r profit, at wh:^h the e eeted attendanee a the .....e.......... ::p:.. :.j of cacpaoxxo-a'rcFr-ormobuilding, Resolution 2013-489 Board Meeting of June 18, 2013 B. A pplied.tion F r e ents o utilizing « pefty a nede WaOed a 8 fitfelled by the T....,«. /1 \ All applieatiens F r e :alevents permit shall he made to the Td...a. wa"'i gF the T-eyffi of Southold at least 60 days prior to the pr-opesed date efthe event and filed with the Town Gle..L together with a fee of $100; d, eleanup deposit F e of @7 Gll. a«A ve..ti Aed.te of insn..d.nee not less than $1e0001e000 naming the T-e y . of > Seetheld Fig Fm Additimal imqufed during the time Of the evemt CL (2) Where the T....,«Be eYi .Jet e..mines that there is no eeifie T-oy . henna flt f em the RVARt that the a e«t : andtietedi F r profse a deposit shall he made in an amount to be detemined ffiff tO issuanee of the peffnit based upon the estimated event. Ape.. the a e«te the deposit will he used to a e .eh aest.. th.eugh a stfeet o ghA of wa..\ of the «rope.w.. a xne.ie leased a e trolledi h.. events permit fef a par-ade, walk, Fan, marathen, bieyele raee, or sifnilaf events, netiee shall be given te pfepefty e-Amers abutting or- adjaeent to the location af thL • «a of the ovens and to all « ewty o abtWi«g a adjaee«t to the anal leeatie« of the tefminus of the event. The T&Affl Ilaa..d7 may requir-e adid iti «etiear ineluding h..t not limited to publieatie« and s ee based u pen the (4) Notwithsta«d ing the foregoing, the To%% Beard- shall have, the d]:aa..etie« t" e Te..... the TO%% ROAM A f thd. Te..rv. of Southold shall a s:die.. the F lld....:«g. • (1) The size of the « e e relat:e« to the... rnh-e.. 4peo«le attending the a entd (2) The s..F4:eie`«e•• of a fra«genie..ts made to eantfol traf1e pafking noise, l:ght:..d. and refuse; (3) The f ee..ene , of events « sedl a approved F r the premises and whether- the ad «sra..te a persistent usage of the « °'•t'• v~aa• vJ is ov «a4ible with its eharaete« a ..:Rh that of she s .nd ing af ea; (4) Cenlliets wi4h erdinaf3, puhliva3 the land tc¢xcr vf eiliti~'roes ie irdvr l..~ce,i. cxm°vif zxx-'i-- ts[crs-c applieant asbeeenrevnyieteed--fvrxailwe to eom«ply wit rthee tems6 this eha«ter ...:thin the past three years; and Updated: 6/18/2013 2:56 PM by Linda Cooper Page 2 Resolution 2013-489 Board Meeting of June 18, 2013 Ffiday befere the absen,anee of Nlemefial Day until Labor- Day. the ffimimum eeeupaney of the publie area of the building, the A4nef~, Fflust obtain approval ffem the Zening BE)afd of Appeals. An appheation shall be aeeempanied by fee of $50. in granting sueh appFeval, the fAeAing faeters must be eensidefvdE (1) All par-king must be off street, and tfaffie eontral must be py-evided by 4he winery. (3) All foed fmist be eateFed and prepared off site. shall require the appreval E)f the Zoning Beafd of App • fi Penalties r e&nses. n rr e against the provisions e f h ehapter shall eensfitWe vioiation of this r punishable J than $2,500. ARTICLE I GENERAL PROVISIONS 4205-1. Purpose It is the intent of this Chapter 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 • 4205-2. Definitions. PARKING CAPACITY - for the purposes of this Chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according a site plan approved by the Town of Southold Planning Board SPECIAL EVENT - Any temporary gathering demonstration performance exhibition amusement or activity that is not currently a permitted use of the property in the• applicable Zoning District or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parkin capacity of the site that is conducted or sponsored by a person, organization entity or association including but not limited to Updated: 6/18/2013 2:56 PM by Linda Cooper Page 3 Resolution 2013-489 Board Meeting of June 18, 2013 carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: (1) The closing of a public street. (2) The use, blocking or restriction of Town property, roads or rights of way: (3) The use of amplified sound exceeding the standards set forth in Chapter 180 of the Town Code. (4) The sale of merchandise that is not ordinarily sold in the normal course of the Applicant's business. (5) The sale or service of food to the public with the exception of the following: (i) on land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site: or (ii) on land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily compliment wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. (6) The substantial increase or disruption of the normal flow of traffic on any street or highway. (7) The placement of portable toilets. (8) The placement of temporary no-parking or directional signs or banners. • (9) The use of any Town services that would not be necessary in the absence of such an event. 4205-3. Permit required. A. 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 and as follows: (1) All special events on private property and with an expected attendance of less than 1,000 attendees shall obtain the approval of the Chairperson of the Zoning Board of Appeals in accordance with the terms set forth in Article II of this Chapter. • (2) All special events on private property with an expected attendance exceeding 1,000 attendees or special events on Town property shall obtain the approval of the Town Board as set forth in Article III of this Chapter. B. The provisions of this Chapter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event: Updated: 6/18/2013 2:56 PM by Linda Cooper Page 4 Resolution 2013-489 Board Meeting of June 18, 2013 (3) Occasional events on Private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers, however, any use of residential property for profit, such as a venue for weddings or other events is prohibited. ARTICLE II SPECIAL EVENTS REQUIRING CHAIRPERSON OF THE ZONING BOARD OF APPEALS' APPROVAL &205-4. Application Requirements. The following information and materials are to be submitted with an application for a special event permit. 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 Periods that are of like size and scope. A. A completed Special Event Application Form which includes the following information: (1) 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. (2) The address of the event location. (3) Proposed dates and hours of the special event, including set-up and shutdown times. (4) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the propert y at one time and collectivelv. (6) 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. (7) Name, address and cellular telephone number of any security company which will • work on the premises, and a description of the duties to be performed. (8) 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. (9) Certification that the property where the event is to take place is not subject to an y 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. (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of $1 million dollars per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. Updated: 6/18/2013 2:56 PM by Linda Cooper Page 5 Resolution 2013-489 Board Meeting of June 18, 2013 B. An application fee in the following amounts for each event: (1) $150.00 for events where the expected attendance is less than 500 attendees (2) $250.00 for events where the expected attendance is 500 to 1,000 attendees (3) 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. C. A general description of the proposed event including: (1) 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. (2) Names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parkin event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) 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. • (3) The location of the stage or tents, if any. (4) The designated areas of use for spectators exhibitors vendors employees and organizers. (5) Location of all exits. (6) The location of all fire extinguishers and other fire safety equipment (7) The location of all temporary utilities to be installed for the event if any. (8) 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. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) 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 • (11) A description of emergency access and facilities related to the event (12) Provisions to dispose of any garbage trash rubbish or other refuse (13) Location and description of any additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site E. A description of any signage to be displayed adjacent to a Town County or State road including size location and dates of display. F. The 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 Updated: 6/18/2013 2:56 PM by Linda Cooper Page 6 Resolution 2013-489 Board Meeting of June 18, 2013 property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. G. Notwithstanding the foregoing, the Chairperson of the Zoning Board of Appeals, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in Section 205-5(E)(1)-(15) or for the protection of health, safety and welfare. The Chairperson's determination of any waiver request shall be in writing to the Applicant and shall specify the reason for the Brant or denial. If a waiver is granted, the Chairperson may attach appropriate conditions to protect the public interest. 4205-5. Application review procedure and standards. A. 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 may not be accepted or processed. • B. 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 §205-5(E) 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, Assessors and Town Attorney. C. Upon receipt of comments, the Chairperson of the Zoning Board of Appeals shall determine whether to require revisions to the proposed event application. D. 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 within 30 days of receipt of the complete application. • E. In determining whether to grant a special event permit, the Chairperson of the Zoning Board of Appeals shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. (2) The facilities available. (3) The availability of highway and other means of transportation to and from the site. (4) Impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) Need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. Updated: 6/18/2013 2:56 PM by Linda Cooper Page 7 Resolution 2013-489 Board Meeting of June 18, 2013 (6) 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. (7) Impact of the event on the movement of fire-fighting eaupment or ambulance service to the Town or to areas contiguous to the event. (8) Impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) 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. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. 2) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scone to the event applied for and/or resulted in the impacts defined in subparagraphs (4), (5), (6),(7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous • year, the verification must be submitted from those chanties listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general up blic. F. 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. G. A special event permit is not transferrable and shall expire at the close of the event(s) for which it is issued. H. 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. I. Applications for tent permits required for any event must be submitted directly to the Building Department. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the Office of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm or reverse the determination of the Chairperson subject to any conditions deemed appropriate under the circumstances. Updated: 6/18/2013 2:56 PM by Linda Cooper Page 8 Resolution 2013-489 Board Meeting of June 18, 2013 ARTICLE III SPECIAL EVENTS REQUIRING TOWN BOARD APPROVAL 205-7. Events held on Town lands or events exceedine 1,000 attendees. A. Any event held on property owned, leased or controlled by 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 following the submission of an application to the Town Clerk sixty (60) days prior to the proposed event. In reviewing applications for such events, the Town Board may consider the following additional criteria in addition to the criteria set forth in Section 205-5(E) above: (1) The size of the premises in relation to the number of people attending the event. . (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse. (3) 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. (4) Conflicts with ordinary public use of the land, roads or facilities involved. (5) Whether the applicant has been convicted for failure to comply with the terms of this Chapter within the past three years. (6) 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. (7) If two or more events with an expected attendance of more than 1,000 people are scheduled for the same date and are within a half mile radius of each other, the Town Board will determine if there are adequate resources for the events. If there are not sufficient resources to ensure public health and safety, the Town Board • shall deny one or more permits if the impacts of the events cannot be miti ag ted. When deciding which event to deny, the Town Board 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. Updated: 6/18/2013 2:56 PM by Linda Cooper Page 9 Resolution 2013-489 Board Meeting of June 18, 2013 B. For any special event that is to be held on land owned leased or controlled by the Town of Southold the application shall include the following: (1) A completed Special Event Application Fonn which contains the following information: (i) Name, mailing address, e-mail 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. ii The proposed event location and type of event. (iii) Proposed dates and hours of the special event including set-up and shutdown times. (iv) Expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (v) If there are any special requirements needed for the event including, but not limited to, police presence or road closures. (2) Application fee in the sum of $250 for events where the expected attendance does not exceed 1,000 attendees. (3) A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. • (4) A minimum clean up deposit of $250. (5) Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional 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, highway and clean up 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. (6) Any additional information required by the Town Clerk- C. For any special event where the expected attendance exceeds 1,000 attendees the gplication shall include all information required under &205-4 (A) (C) (D) and (E), as well as the following: (1) An application fee of $350.00. (2) A certificate of insurance not less than $2,000,000 naming the Town of Southold as • an additional insured. (3) The Town Board 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 ri hg t-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. D. Notwithstanding the foregoing, the Town Board, upon request by an Applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application or for the protection of health, safety and welfare. The Town Board resolution shall Updated: 6/18/2013 2:56 PM by Linda Cooper Page 10 Resolution 2013-489 Board Meeting of June 18, 2013 specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interests. ARTICLE IV ENFORCEMENT 4205-8. 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. 4205-9. Penalties for offenses. • A. 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. B. For each offense against any of the provisions of this Chapter or failure to comply with a written notice, directive 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: • (1) 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 $1,500.00. (2) Failure to comply with the terms of a permit. Any person failing to comply with the terns of a permit shall be subject to a fine of not less than $500.00 and not more than $1,500.00. (3) For each subsequent offense of &205-9(13)(1) or (2), violators shall be guilty of misdemeanor punishable by a fine of not less than $500.00 nor more than $5,000.00. Updated: 6/18/2013 2:56 PM by Linda Cooper Page 11 Resolution 2013-489 Board Meeting of June 18, 2013 C. 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. D. 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. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ~Q Elizabeth A. Neville • Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER: Christopher Talbot, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell • Updated: 6/18/2013 2:56 PM by Linda Cooper Page 12