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HomeMy WebLinkAboutTOR RES 419 r-° i, li%FTIFOIP(gF�Ft�Rpp04lFSf11Af 1 I Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 9, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhlem at wilhelm@townofriverheadnv.aov or by fax at 631-208-4034. Signature: Date: Town Board Meeting June 3, 2014 2:00 P.M. Town Board Resolution #419-2014 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue N Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax (631)208-4034 FAY[T PAalPfRlTgy pE0.Ppp4PE5lUAI 1 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 9, 2014 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution #419 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on June 3, 2014 Resolution #419-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, h /( , � 44--- Diane M. Wilhelm DMW:cd 200 Howell Avenue Riverhead, New York 11901— (631)727-3200 Ext. 260 a Fax (631)208-4034 ypFX ET AA OSP y EAI}t y[A�P0.�pEss _ I Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 9, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhlem at wilhelm@townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting June 3, 2014 2:00 P.M. Town Board Resolution #419-2014 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 -- Fax (631)208-4034 06.03.14 ADOPTED 140419 TOWN OF RIVERHEAD Resolution # 419 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE Councilman Dunleavy offered the following resolution, which was seconded by Councilman Wooten RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code once in the June 12, 2014 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio ®Yes ❑No Gabrielsen ®Yes ❑No Wooten ®Yes ❑No Dunleavy ®Yes ❑No Walter ®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted Z\TA\Amend 108-56.1 Nonrefundable fee, 603 2014 TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 1 stday of July, 2014 at 2:15 o'clock p.m. to amend Chapter 108, entitled "Zoning" of the Riverhead Town Code. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 108 Zoning Article XIII: Supplementary Use Regulations § 108-56.1 Sign permits. B. Application for a sign permit. Unless otherwise stated herein, all signs permitted in this chapter shall have a sign permit issued by the Town of Riverhead Building Department. Sign permits may be applied for through the site plan application process or directly to the Building Department. The procedure for obtaining a sign permit is as follows: (2) Submission of the permit fee at time of application.All fees paid pursuant to this section are nonrefundable. Such fee shall be set from time to time by resolution of the Town Board. • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York June 3, 2014 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk Z\TA\Amend 108-56.1 Nonrefundable fee, 603 2014 IAi iT PAOSPZp-tg5------ IGPESSIIM 1 Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 9, 2014 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution #420 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on June 3, 2014 Resolution #420-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO ADD A CHAPTER 38 ENTITLED "SMOKING" OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, j &A, Diane M. Wilhelm DMW:cd 200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax (631)208-4034 f ppi ET PgOSP[F%TAS P[0.PRaRt55UM 1 I - Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 9, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhlem at wilhelm@townofriverheadny.gov ov or by fax at 631-208-4034. Signature: Date: Town Board Meeting June 3, 2014 2:00 P.M. Town Board Resolution #420-2014 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO ADD A CHAPTER 38 ENTITLED "SMOKING" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 06.03.14 ADOPTED 140420 TOWN OF RIVERHEAD Resolution #420 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO ADD A CHAPTER 38 ENTITLED "SMOKING" OF THE RIVERHEAD TOWN CODE Councilman Wooten offered the following resolution, which was seconded by Councilman Gabrielsen RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 38 entitled, "Smoking" of the Riverhead Town Code once in the June 12, 2014 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio ®Yes ❑No Gabrielsen ®Yes ❑No Wooten ®Yes ❑No Dunleavy ®Yes ❑No Walter®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 1st day of July, 2014 at 2:05 o'clock p.m. to amend the Code of the Town of Riverhead to add a new Chapter 38 Entitled "Smoking" of the Riverhead Town Code. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 38 SMOKING 38- 1 Legislative Intent. A. This Legislature hereby finds and determines that human health is seriously threatened by exposure to environmental tobacco smoke (ETC) and that recent findings by the Federal Environmental Protections Agency (EPA) make clear that ETS, or secondhand smoke, is a human carcinogen responsible for 3,000 lung cancer deaths each year in nonsmokers. B. This Legislature also finds and determines that although smoking is prohibited in Town facilities within the Town of Riverhead, people seeking access to these facilities can still be exposed to secondhand smoke as they seek to enter such public buildings. The Town of Riverhead declares and finds it to be in the public's interest to provide for regulation of certain conduct in public places by protecting smoking and tobacco use by persons at a non-designated areas. The odor from smoking tobacco products and litter caused by improper disposal of cigarette butts in public areas can significantly reduce the enjoyment of healthy and wholesome environment free of smoking related pollution. By prohibiting smoking at public areas, the Town desires to promote and enhance the healthy and wholesome environment and its safe enjoyment by all individuals, especially children. C. Smoking and tobacco use are not prohibited in areas specifically designated and suitably equipped for that purpose. 38- 2 Definitions. As used in this chapter the following terms, phrase, words, and their derivatives shall have the meanings given: TOBACCO USE — includes smoking and the chewing of tobacco. "Smoking SMOKING — to inhale or exhale the smoke of burninq tobacco or tobacco substitute and also to carry burning tobacco or tobacco substitute in the form of a cigarette, ci-gar, or anV other smoke-producing product or device, including pipes. 38- 3 Smoking and Tobacco Use Prohibited. A. It shall be a violation of this chapter for any person to smoke or carry lighted cigarettes or other smoking devices, including but not limited to cigars, ci-garellos, pipes, and the like, in Town of Riverhead parks, recreation areas, playgrounds, and beaches. Such conduct is prohibited except where conspicuously designated B. Smoking is prohibited within a fifty (50') foot radius of all entrances to all Town buildings and facilities within the Town of Riverhead which are either owned or leased by the Town of Riverhead and which are designated as accessible by the C. The Town further determines and declares that all Town of Riverhead owned Parks, Playgrounds, and recreational areas shall be designated "Tobacco-Free D. Except as otherwise provided in this code, smoking and or tobacco use in areas designated as "Smoking Permitted" are not to be considered conduct in violation of this chapter. 38-4 Penalties for offenses. A person who commits or permits anV acts in violation of any provisions of this chapter shall be deemed to have committed an offense against this chapter and shall be liable for such violation and the penalty therefore, and shall upon conviction thereof, be subwect to a fine or penaltV of not less than fiftV $50.00 dollars and not more than one hundred ($100.00) dollars. If any clause, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entitV, or circumstance shall be adoud-ged by any court of competent jurisdiction to be invalid or unconstitutional, such order or *udgment shall not effect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance directIV involved in the controversy in which such order or Oudgment shall be rendered. • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York June 3, 2014 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM, Town Clerk '\ 'PAY FT PROSPkITgS A4ROGPESSUM1I 1 1 I Office of the Town Clerk Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 9, 2014 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution #421 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on June 3, 2014 Resolution #421-AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 62 ENTITLED "EXCAVATIONS" OF THE RIVERHEAD TOWN CODE If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 200 Howell Avenue — Riverhead, New York 11901 (631)727-3200 Ext. 260 — Fax (631)208-4034 r>t t ti 4J IT PPOSP(plTgf P[R PROGPESSM P P Office of the Town Clerk .Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer June 9, 2014 Honorable Town Clerk: Your response to this letter will acknowledge receipt of the attached resolution adopted by the Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane Wilhlem at wiIhelrri@townofriverheadny.gov or by fax at 631-208-4034. Signature: Date: Town Board Meeting June 3, 2014 2:00 P.M. Town Board Resolution #421-2014 AUTHORIZES THE TOWN CLERK TO PUBLISH AND POST NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 62 ENTITLED "EXCAVATIONS" OF THE RIVERHEAD TOWN CODE Sincerely, Diane M. Wilhelm Town Clerk DW:cd 200 Howell Avenue — Riverhead, New York 11901-r (631)727-3200 Ext. 260 — Fax (631)208-4034 06.03.14 ADOPTED 140421 TOWN OF RIVERHEAD Resolution # 421 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 62 ENTITLED "EXCAVATIONS" OF THE RIVERHEAD TOWN CODE Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 62 entitled, "Excavations" of the Riverhead Town Code once in the June 12, 2014 issue of the News-Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio MYesE]No Gabrielsen ®YesE]No Wooten NYes ❑No Dunleavy MYes ❑No Walter MYesF-]No The Resolution Was M Thereupon Duly Declared Adopted TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 1 st day of July, 2014 at 2:10 o'clock p.m. to amend Chapter 62, entitled "Excavations" of the Riverhead Town Code. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 62 Excavations § 62-11. Penalties for offenses. For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist, and the lessee or tenant of the premises where such violation has been committed or shall exist, and the owner, general agent or contractor, lessee or tenant of any part of the premises in which part said violation has been committed or shall exist, and the general agent, architect, engineer, surveyor, building contractor or any person who knowingly permits, takes part in or assists in any such violation or who maintains any premises in which any such violation shall exist shall be guilty of an offense against this chapter. Offenses set forth herein shall be punishable by a fine of not less than $ 000 5 000. Each day's continued violation shall constitute a separate, additional violation of the chapter. • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York June 3, 2014 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M.WILHELM,Town Clerk 06.03.14 ADOPTED 140422 TOWN OF RIVERHEAD Resolution # 422 GRANTS SPECIAL USE PERMIT PETITION OF JEFFREY NAZAR EXPANSION OF A NON-CONFORMING PROFESSIONAL OFFICE USE Councilwoman Giglio offered the following resolution, which was seconded by Councilman Dunleavy WHEREAS, the Riverhead Town Board is in receipt of a special use permit petition made by Jeffrey Nazar to expand a non-conforming professional office use upon real property located at Main Road, Aquebogue, New York, such real property more particularly described as Suffolk County Tax Lot Number 0600-098-1-17; and WHEREAS, the petition consists of an application form, an Environmental Assessment Form, and a conceptual site plan as prepared by Martin Hand, L.S. and James V. DeLucca, R. A. last dated March 26, 2012; and WHEREAS, the matter was referred to the Suffolk County Planning Commission for its report and recommendation; such Planning Commission concluding the matter to be one of local determination; and WHEREAS, on February 20, 2013, this Town Board did hold a public hearing for the purpose of hearing objectives, criticisms and protests against the approval of the subject special use permit; and WHEREAS, the Town Board held the aforementioned hearing open pending a report from the Town of Riverhead Planning Board responding to commentary made with respect to potential stormwater and groundwater impacts to neighboring residential properties; and WHEREAS, by resolution dated May 15, 2014, the Riverhead Planning Board did report to the Town Board with respect to the potential stormwater and groundwater impacts of the proposed development, and WHEREAS, the Riverhead Town Board has carefully considered the merits of the special use permit of Jeffrey Nazar, the SEQRA record created to date, the report of the Suffolk County Planning Commission, the report of the Riverhead Planning Board, the report of Jeffrey A. Hartman, P.E., the report of DrewDillingham, P.E., the report of the Riverhead Planning Department, the commentary made at the relevant public hearing, as well as all other pertinent planning, zoning and environmental information; now THEREFORE, BE IT RESOLVED, that in the matter of the special use permit petition of Jeffrey Nazar, the Riverhead Town Board hereby declares itself to be the Lead Agency and further determines the matter to be Type II pursuant to 6NYCRR Part 617 as a non-residential building of less than 4,000 sq. ft.; and G:\0603141422-SP-TB Nazar granting.doc Jeffrey Nazar-Special Use Permit Resolution Page 2 BE IT FURTHER RESOLVED, that in the matter of the special use permit of Jeffrey Nazar, the Riverhead Town Board makes the following findings: First, the subject premises lies within the confines of the Rural Corridor (RLC) Zoning Use District; Second, the subject premises is currently improved with professional office use and that the proposed construction is considered an expansion of a non-conforming use requiring the granting of a special use permit by the Town Board of the Town of Riverhead; Third, the required relief for the proposed development has been granted by the Zoning Board of Appeals; Fourth, a soil boring (McDonald Geoscience, April 25, 2011) measured groundwater at elevation 12.4 feet (NAVD 1988 Datum), with an annual fluctuations of four feet, according to data accumulated by Suffolk County Department of Health Services through nearby groundwater monitoring wells. Given the existing basement or slab elevations of the adjacent residential buildings, the ambient groundwater conditions could cause groundwater intrusion. The proposed development will not exacerbate existing groundwater conditions within the vicinity of the project site; and BE IT FURTHER RESOLVED, that the matter of the special use permit petition of Dr. Jeffrey Nazer, the Riverhead Town Board hereby makes the following determinations: First, that the plot (lot) area is sufficient, appropriate and adequate for the proposed use; Second, that the proposed use is not unsuitably near to a house of worship; Third, that access facilities are adequate for the estimated motor vehicle traffic from public streets as to avoid traffic congestion and that the existing access from NYS Route 25 is greater than 75 feet from the intersection of all street lines; Fourth, that the existing curb cut has been approved by the New York State Department of Transportation Fifth, that the proposed off street parking stalls are adequate for the total number of occupants and visitors; Sixth, that adequate buffer yards, landscaping and fencing to screen adjacent properties and land uses will be required through the contemplated site plan review process; Seventh, that the proposed stormwater drainage design is in conformance with Town of Riverhead standards which require that all stormwater runoff be contained on GA0603141422-SP-TB Nazar granting.doc Jeffrey Nazar-Special Use Permit Resolution Page 3 site. Further, the recharge of stormwater will not adversely impact upon ambient groundwater conditions; Eighth, that adequate provisions exist for the supplying of public water, for the collection of recharge of stormwater runoff and for the collection and treatment (percolation) of sanitary sewage; Ninth, that existing municipal services are adequate to provide for the demands of the proposed use; and BE IT FURTHER RESOLVED, that based upon its findings and determinations, the Riverhead Town Board hereby grants the special use permit of Dr. Jeffrey Nazar subject to the following conditions: (i) That the proposed special permit use shall commence within two (2) years as tolled from the date of this resolution; (ii) That no building permit or land clearing permit shall issue prior to the approval of a site plan application made pursuant to Article XXVI of the Town of Riverhead Zoning Ordinance; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby authorized to forward a copy of this resolution to James V. DeLucca, as agent for the applicant, and to the Building Department of the Town of Riverhead; and BE IT FURTHER RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio ❑Yes ❑No Gabrielsen ®Yes ❑No Wooten ®Yes ❑No Dunleavy ®Yes ❑No Walter ®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted GA060314\422-SP-TB Nazar granting.doc