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HomeMy WebLinkAboutLL-1994 #09 LOCAL LAW NO. 9 , 1994 A Local Law .in Relation to Formula Food Restaurants BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: INTENT.. A formula food restaurant, by its nature, reflects a standardized format which is evident in its corporate appearance, food offerings, manner of presentation, and advertising, and which is at odds with the scenic rural nature of the Town of Southold. Formula food restaurants are intense land uses that typically are associated with suburban communities where they are located within strip commercial zones along major arterials. However, increasinql¥ they are being located within traditional business centers. This ordinance will limit such uses' to the traditional business core of the Town. This ordinance is in keeping with the Goals and Objectives of the Town's Comprehensive Plan to encourage' the economic vitality of the traditional hamlet centers while simultaneously protecting their unique local flavor and rural character. Accordincjly, the special exception requirements are designed to ensure that the uniform, standardized, corporate format of formula food restaurants are modified to accord with the rural scenic character of the Town, includin9 the development of the hamlet on a scale that is accessible for pedestrian access, and historical architectural tradition. Section 100-13 (Definitions) of the Code of the Town of Southold is hereby amended as follows: RESTAURANT - Any premises other than take out or formula food restaurants where food is commercially sold for on-premises consumption to patrons seated at tables or counters. eaWn ~ sa~ cars or o~td~s-sha,Fn~ ~ce~ered-a Urestaurantu d~ ~ b~a dr~ve-~ or f~ ~d restaurant RESTAURANT, FORMULA FOOD - A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade or uniforms. RESTAURANT, EH~I-¥E-~N- ~1~ FAS-T- FOOD- TAKE OUT - Any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposal containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. SHOPPING CENTER - A group of retail and service businesses which have an integrated architectural and site. design and which have an anchor tenant consisting of either a supennarket or a department store if the anchor tenant encompasses a minimum of 25.000 square feet of area. Section 100-91(A)(7) (Use Regulations) of the Code of the Town of Southold is hereby amended to read as follows: Restaurants, excluding d~'+ve-i~ formula food and take out restaurants. Section 100-91(B) (f) (11) is hereby added to read as follows: (11) Take-out and formula food restaurants, subiect to the followin9 requirements: a= Adequate parking shall be provided in accordance 'with that required by the Parking an~l Loadinc, I Area Article of the Zoning Code. All parking spaces shall be located within reasonable walking distance of the site, or 300 feet whichever is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parkincj survey of the capacity of the existing municipal parkincj area to accommodate the proiected increase in usage due to the introduction of the subject land use. An assessment of the potential traffic impacts of the proposed use must accompany the Ionc~ environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. C= There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by walk-up window or door. or Exterior sicjnage shall conform in all respects to the Sign Article of the Zoning Code and, further, may not be lit from within. Advertisements including trademark Iogos may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flacjs. The physical design, including color and use of materials, of the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildincjs public spaces and uses in the particular location Lt. Section 100-101(B)(9) is hereby amended to read as follows: (9) Fa~t-f~od Take out restaurants, provided that eating on the premises of the f~t-foo~ take out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where minimum lot size for a freestanding 'structure is forty thousand (LtO,O00) square feet. Section 100-101(B)(16) is hereby added to read as follows: (16) Formula food restaurants located within a shopping center in this zone, subiect to the following requirements: There must be sufficient parking as provided for by the Parking and Loading area Article of the Zoning Code and such parking area shall be available within shopping center site to accommodate the use. b. The operation of the establishment shall not create traffic problems. There shah be no counter serving outdoor traffic via a drive-in, drive-throu~]h, drive-up, drive-by or walk-up window or door. Exterior signage shall conform in all respects to the Sign Article of the Zoning Code and, further, may not be lit from within. Advertisements includinq trademark Iogos may not be affixed, painted ar glued onto the windows of the business or onto any exterior structure including waste disposal receptacles and flags. The signage must conform to the existing color , theme and signage style of the shopping center. The existing exterior architectural style of the shopping center buildin~j may not be altered or modified in any way to accommodate the proposed use. II. The use must be located within the shopping center's main primary building complex, and may not be located within a single freestanding structure within the shopping center site. Section lO0-191(A) (Off-street parking areas) is hereby amended by changing the following to read as follows: TYPE OF USE REQUIRED NUMBER OF SPACES Restaurant, drive-in, curb servic~ take out or formula food er-Fan'foyer 1 space per 2 seat~ or I space per 50 square feet of gross floor space, whichever is greater This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents additions Overstrike represents deletions flYS DEPARTSEHT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue ALbany, NY 122~1-0001 DATE: 5/24/94 MUNICIPALITY Town of Southold I994 5/20/94 Local Law Acknowledgment I-- JUDITR T. TERR~ TOWN OF SOUTHOLD TOWN HALL 53095 MAIN RoAD PO BOX 1179 {__ SOUTHOLD NY 11971 DOS-~6 (Rev. 6/90) _1 The above-referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary, of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italic~ or underl{ning to indicate new matter. of ......................... .S._o.?_t._h_.o.[.d .................................................. Town Local-Law No ......... -~ ..... _O_ ................... of the year I~--q---- In Relation to Formula Food Restaurants A local law. Town Board ............. of the Be It enacted by the .......................................................................... gl~ of Southold ' . ......... as follows: Town INTENT. A formula food restaurant, by its nature, reflects a standardized format which is evident in its corporate appearance, food offerings, manner of presentation, and advertising, and which is at odds with the scenic ru. ral nature of the Town of Southoid. Formula food restaurants are intense land uses that typically are associated with suburban communities where they are located within strip commercial zones along major arterials. However. increasingly they are being located within-traditional business centers. This ordinance will limit such uses to the traditional business core of the Town. This ordinance is in keeping with the Goals and Objectives of the Town's Comprehensive Plan to encourage the economic vitality of the traditional hamlet centers while simultaneously protecting their unique local flavor and rural character. Accordingly. the special exception requirements are designed to ensure that the ' uniform, standardized, corporate format of formula food restaurants are modified to accord with the rural scenic character of the Town, including the development of the hamlet on. a scale that' is accessible for pedestrian access, and historical architectural tradition. 1. Section 100-13 [Definitions) of the Code of the Towo of Southold is hereby amended as follows: RESTAURANT - Any premises other than take out or 'formula food restaurants where food is commercially sold for on-premises consumption to patrons seated at tables or counters, · (If additional space is needed, attach pages the samo size as this shec. t, and number each.) O) 130~:2~9 (R~¥. 7Dr) '" ':" -' RESTAURANT. FORMULA FOOD - A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor. external facade or uniforms. RESTAURANT. E~FYE-~N- ~ F~T-F~- TAKE OUT - Any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposal containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. SHOPPING CENTER - A group of retail and service businesses which have an integrated architectural and site design and which have an ancho~ tenant consisting of either a superr~arket or a department store if the anchor tenant encompasses a minimum of 25.000 square feet of area. Section 100-91(A)(7) [Use Regulations) of the Code of the Town of Southold is hereby amended to read as follows: Restaurants, excluding formula food and take out restaurants. 3. Section 100-91(B)(f){11) is hereby added to read as follows: (11) Take-out and formula food restaurants, subject to the following requirements: aJ Adequate parking shall be provided in accordance with that required by the Parking and Loading Area Article of the Zoning Code. All parking spaces shall be located within reasonable walking distance of the site. or 300 feet whichever' is less. The improvement or development of municipal parking may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conducting a parking survey of the capacity of the existing municipal parking area to accommodate the projected increase in usage due to the introduction of the subje, ct land use. An assessment of the potential traffic impacts of the proposed use must accompany the long environmental assessment form. The appropriate mitigation measures must be incorporated into the site plan. There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive~up, drive-by or walk-up window or door. Exterior signage shall conform in all respects to the Sign Article of the Zoning Code and. further, may not be lit from within. Advertisements including trademark iogos may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. The physical design, including color and use of materials, of' the establishment shall be compatible with and sensitive to the visual and physical characteristics of other buildings public spaces and uses in the particular location Section 100~101(B){9) is hereby amended to read as follows: Take out restaurants, provided that eating on the promises' of the take out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where minimum lot size for a freestanding structure is forty thousand [40.000) square feet. Section 100-101(B)(16) is hereby added to read as follows: {16) Formula food restaurants located within a shopping center in this zone. subject to the following requirements: There must be sufficient parking as provided for by the Parking and Loading area Article of the Zoning Code and such parking area shall be available within shopping center site to accommodate the use. b. The operation of the establishment- shall not create traffic problems. There shall be no counter serving outdoor traffic via a drive-in, drive-throuqh, drive-up, drive-by or walk-up window or doo~. Exterior signage shall conform in ali respects to the Sign Article of the Zoning Code and, further, may not be lit from within, eo Advertisements including trademark Iogos may not be affixed, painted or glued onto the windows of the business or onto any exterior structure including waste disposal receptacles and flags. The signage must conform to the existing color . theme and signage style of the shopping center. II. The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. The use must be located within the shopping center's main primary building complex, and may not be located within a single freestanding structure within the shopping center site. Section 100-191(A) (Off-street parking areas) is hereby amended by changing the following to read as follows: TYPE OF USE REQUIRED NUMBER OF SPACES Restaurant, drive-in, curb service take out or formula food 1 space per 2 seats or 1 space per 50 square feat of gross floor space, whichever is greater This Local Law shall take effect upon its filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) L (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, desi~:nated as local law No ............ _9_ ...................... of 19--9~A of the ((~fi~t~) .~})(Town)(nJ~) of .............. ~-~°--u--t--h-9-I-d-- ....................... -~- .......... was duly passed by the ----T-9--w--n----B-9~-r-~ .......................... on ._.M..a.y..._l_fi_.,_... 19 _9__t4_, in accordance with the applicable provisions of law. (,¥ame of LegiMati~e Body} 2. (Passage by local legislative body with approvai~ no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after lb'amc of £egidative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., (Elective Chief Executive Oj~Ftcer*) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after (Pgame of Legislative Body) disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Elective Chief Executive Officer*) to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electom voting thereon at the (general)(special)(annual) election held on ..................19---- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting re feren dum .) I hereby certify that the local law annexed hereto, designated as local law No ..................................... of I9 ...... of the (County)(City)(Tgwn)(Village) of ................................................................. was duly passed by the ................................................... on .................. 19:---, and was (approved)(not approved)(repassed after ~lame of Legislative Body) disapproval) by the .................................................. on ............. : ....19 .... Such local law was subject to I£1ective Chief Executive Officer*) permissive referendum and no valid petition requesting such referendum was filed as of .................. 19----, in accordance with the applicable provisions of law. i'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local, laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No ................................... of 19 ...... of the City of ............................................. having been submitted to referendum pursuant to tl~e provisions of section (36)(37) of the Municipal Home RuIe Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on ................... 19 .... , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the County of .................................................... State of New York, having been submitted to the electors at. the General Election of November ..................... 19 .... , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became OPerative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law. and was finally adopted in the manner in- dicated in paragraph ........ 1_.__, above. Cl~ ~ he County legislative [md,/, Ci~, Tow~Vinaue Clerk or officer desienatfid by local legisfitive body Judith T. Terry, Town Clerk (Seal) Date: May 17, 1994 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK coom"Y oF Suffolk Laury L. Dowd, Town Attorney Title ~)t of Town Da te: May. 17, Southold 1994 (3) PUBLIC HEARING IN SOUTHOLD TOWN BOARD MAY 3,1994 ~:O0 P.M. THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO FORMULA FOOD RESTAURANTS" Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilman Joseph L. Townsend. Jr. CounciJwoman Ruth D. Oliva Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: We have before us tonight two hearings. The first is Notice of a Public Hearing on the "Local Law on Formula Restaurants''. Ruth will read the Notice, and the content of this hearing. After that members of audience who wish will have the opportunity to address the Board up to, I believe, ten minutes per person, if you have enough to talk about for ten minutes. It is a public hearing, which basically means that the Board is here to hear. to listen to the comments that people wish to make. Normally, the Board doesn't respond. If there are questions of clarification the Board could respond, and there may be individuals on the Board, who would like to respond, but this is not normally an opportunity for the Board to belabor what went into this. On the other hand, if there specific questions, that we can help with, and address we may do that. So, with that introduction, Ruth. couNCILWOMAN OLIVA: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 22nd day of March, 199~,, a Local Law entitled, "A Local Law in Relation to Formula Food Restaurants". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York,on the 3rd day of May, 1994, at 8:00 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Formula Food Restaur-antsu reads as follows: Pg 2 - LL Formula Foods ' BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: INTENT. A formula food restaurant, by its nature, reflects a standardized format which is evident in its corporate appearance, food offerings, manner of presentation, and advertising, and which is at odds with the scenic rural nature of the Town of Southold. Formula food restaurants are intense land uses that typically are associated with suburban communities where they are located within strip commercial zones aloncJ major arterials. However, increasingly they are being located within traditional business centers. This ordinance will limit such uses to the traditional business core of the Town. This ordinance is in keeping with the Goals and Objectives of the Town's Comprehensive Plan to encourage the economic vitality of the traditional hamlet centers while simultaneously protecting their unique local flavor and rural character. Accordingly, the special exception requirements are designed to ensure that the uniform, standardized, corporate format of formula food restaurants are modified to accord with the rural scenic character of the Town, including the development of the hamlet on a scale that is accessible for pedestrian access, and historical architectural tradition. Section 100-13 (Definitions) of the Code of the Town of Southold is hereby amended as follows: RESTAURANT - Any premises other than take out or formula food restaurants where food is commercially sold for on-premises consumption to patrons seated at tables or counters. ~ ~Hi~y' rrr~k~t~g- u~e-o~ eerhop-or I~ra~n~ kyt- servia ~ cars or ~r ~he con~p~ o~ ~ ~ ~ ea~n ~ sa~ cars or o~doors-sha~k n~ ~cons~ere~-a ures~oran~u ~r the ~ of th~ che~an~ sha+k b~ RESTAURANT, FORMULA FOOD - A restaurant business required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, decor, external facade or uniforms. RESTAURANT, EH~¥E-~N- EH~ F~-~T-FO~D- TAKE OUT - Any establishment other than a formula food restaurant, whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state, usually served in paper, plastic or other disposal containers, for consumption within the restaurant building, elsewhere on the premises or for carryout for consumption off the premises. Pg 3 - PH LL Formula Resta ,]nts SHOPPING CENTER - A group of retail and service businesses which have an integrated architectural and site design and which have anchor tenant consisting of either a supermarket or a department store encompassin9 a minimum of 25,000 square feet of area. Section 100-91(A)(7) (Use Regulations) of the Code of the Town of Southold is hereby amended to read as follows: Restaurants. excluding ~l~-~-¥e-i~ formula food and take out restaurants. 3. Section 100-91(B) (f) (11) is hereby added to read as follows: (11) Take-out and formula food restaurants, subject to the following requirements: Adequate parking shall be provided in accordance with that required by the Parkin9 and LoadintJ Area Article of the Zoning Code. All parkin9 spaces shall be located within reasonable walkin9 distance of the site, or 300 feet whichever is less. The improvement or development of municipal parkin9 may be used to satisfy this requirement. The adequacy of municipal parking shall be determined by the Planning Board as part of its site plan review procedure by conductin9 a parkin9 survey of the capacity of the existing municipal parking area to accommodate the proiected increase in usage due to the introduction of the subject land' use. An assessment of the potential ~raffic impacts of the proposed use must accompany! the long environmental assessment form. The appropriate mitigation measures must be incorporated into th~ slite plan. There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or walk-up window or door. Exterior signage shall conform i,n all respects to the Sign Article of the Zoning Code and, further, may not be lit from within. Pg 4 - PH LL Formula Food F [aurants Advertisements including trademark Iogos may.not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. The physical design, including color and use of materials, of the establishment Shall be compatible with and sensitive to the visual and physical characteristics of other buildings public spaces and uses in the particular location Lt. Section 100-101(B)(9) is hereby amended to read as follows: (9) F~t-fo~l Take out restaurants, provided that eating on the premises of the F~t~od- take out restaurant shall be permitted only inside the structure or in areas specifically designated and properly maintained outside of the structure and where minimum lot size for a freestanding structure is forty thousand (Lt0,000) square feet. 5. Section 100-101(~B) (16) is hereby added to read as follows: (16) Formula food restaurants located within a shopping center in this zone, subject to the following requirements: There must be sufficient parking as provided for by the Parking and Loading area Article of the Zoning Code and such parking area shall be available within shopping center site to accommodate the use. b. The operation of the establishment shall not create traffic problems- There shall be no counter serving outdoor traffic via a drive-in, drive-through, drive-up, drive-by or walk-up window or door. Exterior signage shall conform in all respects to the Sign Article of the Zoning Code and, further, may not be lit from within. Advertisements including trademark Iogos may not be affixed, painted or glued onto the windows of the business or onto any exterior structure including waste disposal receptacles and flags. The signage must conform to the existing color , theme and signage style of the shopping center. The existing exterior architectural style of the shopping center building may not be altered or modified in any way to accommodate the proposed use. P~ 5 - PH LL Formula Food ' staurants The. use must be. located w~thin the shopping center's main primary building complex, and may not be located within a slngle freestanding structure within t~he shoppin9 center site. Section 100-191(A) (Off-street parking areas) is hereby amended by changing the following to read as follows: TYPE OF USE REQUIRED NUMBER OF SPACES Restaurant, drive-in, curb service take out or formul~ food 1 space per 2 seats or I space per 50 square feet of gross floor space, whichever is greater II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions ** Overstrike represents deletions Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: March 22, 1994. Judith T. Terry, Southold Town Clerk." I have affidavit that this was published in The Suffolk Times, and in The Long Island Traveler-Watchman, and has been posted on the Town Clerk's Bulletin Board out there. I have two items of correspondence. April 19th, Judy Terry, Town Clerk's Office, Southold Town Hall, Main Road, Southo|d, New York. Re: Formula Food Legislation. Dear Mrs. Terry. The following report was adopted at a meeting of the Southold Town Planning on Monday, April 18th, 1994. The Planning Board has no objection to this law, but offers the following comments. Under the definition of shopping center it is unclear if the 25,000 square feet of area refers to the total area of a shopping center, or to the anchor tenant only. In Section 100-91 (B){f)(11) Subsection a. the word adequate is redundant and should be deleted. In section 100-91 (B)(f)(11) b, reference to the long environmental assessment form should be deleted. Simply state that a traffic assessment should be provided. In a more general vein the Planning Board support of this Law stems from a continued belief, and the primacy of hamlet business district. Conformity to allow fast foods outside of hamlet areas. which is presently permitted, can only weaken this concept, and result in commercial sprawl. We support this proposed legislation, because it will result in a clearer, and clearer approaches to the hamlet center, account for slower traffic, where it belongs in hamlet centers, and help maintain an open Route 48 as the bypass. Please do not hesitate to contact this office, if you have any questions regarding the above. Sincerely, Richard G. Ward, Chairman of the Planning Board. I have another letter. March 29, 199~. Town of Southold, Town Clerk. Pursuant to the requirements of Section A14-14 to 23 of the Suffolk County Administrative the above referenced application, which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Stephen M. Jones, Direction of Planning. That's all of the correspondence we have. Pg 6 - PH LL Formula Food' ;staurants SUPERVISOR WICKHAM: You've heard the heard the text of the proposed legislation. from the audience. notice of the hearing. You've We're p)eased to take comments ANN LOWRY: My name is Ann Lowry. I'm speaking on behalf of the North Fork Environmental Council. As you know the NFEC has been concerned for a long time, years, and very active, and sometimes quite noisy about this whole issue of the formula food restaurant in Southold Town. We are pleased that this is being addressed. We wish that it were more restrictive. We would like to have it have the wording such that the formula food restaurant would be place only in the shopping centers. I think that because there are so many people who really don't want these r~staurant.~ here at all, that the most restrictive that you can afford to be wilt be most appreciated by the people. I want to say, also, that the NFEC does appreciate, and respect very much the time and effort, that you have put into thinking about this. It's a very thoughtful procedure. I know that. but. I have to say that we would like it more restrictive. Thank you. SUPERVISOR WICKHAM: Thank you. Any other persons, who would like to address this? LINDA FLETCHER: Linda Fletcher from New Suffolk. I'd like to concur in the remarks, and recommendations that the North Fork Environmental Council just made, and I, also, would like to see it more restrictive, and I would like to just give you a copy of the Code as it pertains to fast food restaurants in the Village of Fayetteville, New York, where they have restricted it to one zone, so I think that, that is something that can be done here, and I would also like to continue to remind you that we have a village to the east of us, who has out and out banned them completely. Thank you. SUPERVISOR WICKHAM: Any other comments from. the audience? YVETTE MELLENDER: Yvette Mellender, and I llve in MattitucJ<. I'm really sorry, that I wasn't able to read this before. I sort of have to get into my head what was said. I appreciate all Linda said, and what Ann said, s o that I can pick up on the fact that you are on the right track, even though you may not be doing it exactly the way they think. I did want to go through something, and it's a personal something, and I have to go on record, and it' s about the particular spot. Am I out of place? I just want to talk about the particular spot, where a fast food restaurant might be going in. I'm not sure exactly, and I certainly trust our Town Board tonight, than I did yesterday after hearing that you are listening to us. I wrote something about it, and I would like to share this with you. Do onto others. That's a phrase which comes to mind, when I think of Southold Town. Do onto others. That's why you rarely hear the sound of a horn blasting. It means that you let somebody with one or two items get before you in the ASP. It's a special way of life, when people think of their neighbors, when there's a wave or a neighborly greeting from all who pass you by. The other night, Joe and I, took a walk. and we were walking on the Old Main Road. That is the back of where the proposed formula food, fast food. something that we don't want, is being planned, and I don't know if you people look at the back of things, but there are two homes, one on .Pg 7 - PH LL Formula Food Re. ~urants either -sid~ of a fast food restaurant, that's being proposed, just couldn't believe it. There were two homes, that people like you and own. and next door to those houses in the middle is going a fast food restaurant. right next to a private home. They are beautiful properties, and right smack in the middle therets this terrible eyesore with it's..if it should ever come in. with it's bright lights, and cooking smells, and traffic . and noises. and I thought, which of you sitting here in the audience, and you our elected officials, would want to be next door to this terrible thing that's coming into our town? And I asked myself, what's happening to do unto others, as you would want others to do unto you? With all the reasons, that were mentioned at past meetings. I'm not going to go through them. and f or not wanting a fast food restaurant next door to you. don't put one next door to your neighbors. SUPERVISOR WICKHAM: Thank you. HARVEY BAGSHAW: Good evening. My name is Harvey Bagshaw. and it's common knowledge, that nobody in this town wants, to see 'any golden arches. We don't want any Spanish architecture with sombreros outlined in neon lights. We don't want it to look like Centereach. but if an applicant comes to this town. and wants to build a building, his architecture fits into the surrounding area. and with the colonial style, what difference does it make what the sign says on it? In other words, a couple of years ago. when McDonald's wanted to come. we heard much rhetoric about garbage removal, sewage, water, traffic, and so forth. But. across the street at that time there was a two thousand square foot pizza place established, and nobody asked any questions about that whatsoever, because that had a private name. The sign was worded differently. You see all the mothers come around and protest in the coming of McDonald's. but I don't see them protesting the availability of marijuana at the eighth grade dance. Now. we have kids carrying guns to school. I don[t see any mother protesting that. That's an environmental issue, That's a sign of the decline of our qua!ity of life. not .a sign that says McDonald's on it. I see a lot of senior citizens here tonight to protest McDonald's. but I know a lot of senior citizens in this town, who's retirement income is no longer adequate for them to remain in this town. That's another environmental issue, that has to be addressed and should be addressed tonight. It's an issue that shows the decline of our quality of life. Another example of this quality of life; is when you have a communist nation, who welcomes a fast food restaurant, but it's not welcome in this town. That thought gets really scary. Thank you. SUPERVISOR WICKHAM: Thank you. Harvey. JOHANNA NORTHAM: My name is Johanna Northam. the town of Southold, Before I say anything I'd like to..resolution 39, resolved that the Town Board approves the SEQRA determination on formula food ordinances? SUPERVISOR WICKHAM: That technically is not part of the hearing, but purposes of clarification, that simply is a procedural step to comply with the State Environmental Quality Review Act dealing with this issue. But, it does not, if we do adopt it it does not confirm the Board moving ahead with this thing. It is a step, but it is not the final step. P.g 8 - PH LL Formula Food Res ,urant JOHANNA NORTHAM: The reason I asked is. because in a memo to the Town Board. the Planning members' on March 18th did refer to the SEQRA in reviewing reference to the assessment form. because in the assessment form. and it may be a little weak. but it's an issue. The assessment form addresses the environmental impact on the character of the community. This action will conflict with plans for the town. and possibly set a precedent for more projects in the future. In one of my statements in the second paragraph. I did say the people in the co.,.unity should be the final decision makers. Some people, specifically I think it was Mr. Orlowski that felt that way. that they should be the final decision makers. It's interesting last week on television Senator Heaty from Vermont. I think it was Heaty. Lahey, was on television, and they had done a researd, where a big project was being planned in a small town in Vermont. and the people were against it. and the woman that did the research found out that where big corporation comes into town, the small businesses suffer. You must understand that these fast food restaurants revenue goes out of our town. The local pizzas, dells, that money goes back into the community. Thank KENYON TUTHILL: My name is Kenyon Tuthill. I live in Mattituck, and lid like to congratulate you. I think you've come up with a viable ordinance, and as Ion9 as my understanding is that these formula food restaurants would restricted. I can't read the law. so I have to get it from what I heard, but we see a lot of these strip mails, and my understanding is that it would be restricted to hamlet centers, and shoppin9 centers? SUPERVISOR WICKHAM: That's right. With Special Exception status in both cases, which means that the Town can require quite a number of conditions in both cases. KENYON TUTHILL: My only objection would be the restricting, the regulations that prohibit the use of interior lighting signs. SUPERVISOR WICKHAM: Thank you. Yes, sir? FRED JENS: Fred Jens. Mattituck. The law. you know. on formula food restaurants, the way this is written you're basically picking on a brand name restaurant, whichever the name is that would like to come in. Have you given some thought to rewriting this through a situation where how long do you believe it's going to be, before an independent local businessman will open a fast food .restaurant. The need is here, and the way it reads right now, it doesn't seem as though if I decided to do it, or some restaurant owner decided to do, you're not going to stop him. I think this community is too much against a national name. The way it's written right now, if I had the money to take Burger King's location, everybody would be happy. It still would be formula food. I think it's got to be changed. There will be jobs created, and the economic impact is the same whether it's a local guy doing it, it's the use of commercial property, that's going to create rubbish, It's going to create traffic conditions, which you people claim it won't, I don't. Nothing changes except the owner puts the money in a local bank, instead of going to a national bank. The job is still there. The traffic is still a problem. The garbage is still a problem. The way it is written right now, any local individual in this town can do it. Pg 9 - PH LL Formula Restaur .s PATRICIA BLAKE: Patricia Blake, Peconic. I really 'don't think this is realistic, so difficult about chain restaurants. I think that they somehow manage to give value for the dollar, and when you travel you often fee~ very comfortable going to them, because it's..a privately owned restaurant you'ce never sure what you're going to find. Now, the local people to go to local restaurants you know where to get what you buy. What you're paying for is value, and everything else. But, for people, especially people with young children, this is something that is familiar no matter where they come from, and it's all over the country, and I have seen them beautifully done in lovely communities, and I think this obstructionist attitude in Southold is the cause of a lot of our lawsuits, and trouble that we make for ourselves. Put restrictions on these things. Make them attractive, and clean, and economically agreeable to the town, and everything, but don't bar them. This business of being so totally obstructive is very wrong in my opinion. SUPERVISOR WICKHAM: Thank you. JOE SHESKA: Joe Sheska from Mattituck. and I guess I'd like to just endorse what the lady said before, that there is a general feeling, if you read the paper, that all the people in Southold are against the formula food restaurants, and I don't think that's true. I think that there's a place. There's a need. People do expect a certain quality, not necessarily the best quality, but they, also, expect a certain price, and they, also, expect a certain level of friendliness at these places, and traveling around the countryside, and so forth, you know, places like Denny's, and Friendly's, and so forth, are pretty acceptable kind of places to eat at, and i see nothing wrong with those place being located in Southold Town. SUPERVISOR WICKHAM: Thank you. Joe. RONNIE WACKER: Ronnie Wacker from Cutchogue. I think that people are not aware, that we are not opposed, that is those of us who say we want fast food, or formula restaurants in shopping centers, where they are controlled. We are not opposed to them. Right in Mattituck, in the shopping center there, there's a Subway sandwich shop. Now, nobody is opposed to that. It's been operating for a few years. What we're saying slmply is that we want them to be in with other business establishments. Some years ago I went up to..many years ago, I was still doing downhill skiing at the time, and up in North Conway, it was a lovely simple New England town, and then a few years, three or four years ago, this indicates the passage of time, because I was no longer doing downhill skiing. I was cross-country skiing, and the area had changed horrendously. There were fast food restaurants all over, you know, not in controlled areas, and there were outlet shops, and the traffic would grind to a halt frequently. It reminded me of Riverhead. Now. you go down to Riverhead through Route 58, and what do you see? These yellow and red screaming signs one asking for your attention more than another. This is not what we want in Southold in my mind. Yet we don't object to a place where somebody with young children could go in, and get a quick meal for not too much money. I think it's simply a matter of where they belong, and I think they belong in shopping centers. I hope that's what you'll approve of. Thank you. Pg 10 - PH LL Formula Food R' :aurants FREDDIE WACHBERGER: Freddie Wachberger. Orient. I like the idea of shopping center, too. as the place for these, and I think there's a real difference between the idea of putting them in shopping center, and hamlet centers. I agree with the idea of concentrating business in hamlet centers. and supporting the hamlet centers. I don't know whether the inclusion of formula food restaurants supports the hamlet centers. Shopping centers are already a kind of a blot on the landscape. They are what they are. They have nothing to do with traditional architecture, or with the appearance with a traditional town. The hamlet centers have everything to do with the appearance..the rustic nature, and historic aspect of the towns in Southold. So, in shopping centers they make perfect sense, and thereLs parking, and people gather there for movies, or other shopping, or whatever, and it's a place where people, who are doing ether things, can also get a fast meal. It's also a place where people driving through, and by the way I think that travelers can also find good value, and clean menus at local p)aces. I donmt think they have to depend on McDonald's for clean food. But, in shopping centers they're perfectly acceptable, because they're no worse than anything thet's there. In a historic town where part of the charm is to see the combination of the old buildings in which the businesses are, and the churches, and town halls, and centers, cemeteries as we have right out here. We have this wonderfu) combination of architecture, and church, and cemetery, and shops~ and we know that we get upset when the shop is put in there, which really stands out like a sore thumb, doesn't conform, because just one can spoil, you know, 2% of the architectural landscape can totally transform it. So, I just donlt see putting them in hamlet centers, where the hamlet center has a kind of architectural integrity. But, since the shopping center has not architectural integrity. I mean it's the ideal place for them. BARBARA RIPPLE: Barbara Ripple from Cutchogue. Maybe. I've just been lucky, or fortunate but I don't see the problem of value, cleanliness, and time. as a problem in any of our local restaurants. If I take my son to McDonald's he eats four. or five hamburgers, It's very expensive for me. If I take him to one of the local diners, he gets a nice big hamburger, and I save money. I've never had to wait too tong. The food is clean. The people are friendly, and I like the idea of my money goes to local people. As I said. I've been lucky and fortunate, but I think our local restaurants have a wide range, and I don't see the need for national chains to come in here, and change our landscape, and our way of life, SUPERVISOR WICKHAM: Anymore comments, and observations to make to the Board on the formula proposal7 LINDA FLETCHER: I have a question. What will be the SEQRA determination: Do You know that now? Are you able to tell us? SUPERVISOR WICKHAM: It's a Type I action. Pg 11 - PH LL Formula Food R' '"'aurant ~-' L1NDA FLETCHER: But what are going to determine? SUPERVISOR WICKHAM: We have had an environmental assessment of the proposal . 'LINDA FLETCHER: Would that be a negative or a positive? COUNCILWOMAN OLIVA: SUPERVISOR WICKHAM: Negative. I declare this hearing closed. Judith T. Terry ~/ Southold Town Clerk STATE OF NEW YOI~ ) UNTY OF SUFFOLK) of Mattituck. in ' ,~.'~LIc NOTICE I~ HEREB'~ . ~,~ . ~. ~ ~.., .... sm&Co ~e~d~y s~m sa ~at he/she t n ~ -.nd d~., ~'~ el · · ...... ~ ~u · ~. ~uon ~gl(BgO(]l) is here- ~dem~ - · ~ ' ' ~. ~:Li:O For. ula ~o0d by addcd~ ~d ~ fol,o,~: · . ~ ~t the No.ce of which ~:" ~O~CE Ic n.o ......... ., (l) ~ke-our ~d fo~uIa f~ onto ~he windows nf rh~ ~ copy, ~ been ~-  Jim~ a - n ~es}eH person~ ~ill-be ' This propo;ed ~? Re'ion to Formula Food Re~lau {' BE IT ENACTED. b) me To~ n Board g;,of theTown of Southold a~ f~iloa ' ~.ae aooearar;ce kod offenna-,, man- and ~ Mch i~ at ~ w~h the sceq!c : ~/rh suhu~)an communities where ~lr~on of the subjee[ 2~v ~ I~at~ wir~n ~I~ tommee ~nd use ' '~ler~ Tins ordinance ~ill hmu iuch ~"lO~n.; Comurehen~,e Plan ~aaa)u~lv nro[~fina ~hmr uniabe lan! ' SPACES available ~led~ to ar~' Pet~0ns during hflsiri~ss - J .'1. :Seciion 100-13 (Definiti0n~),of ' '-: the Code of thc: Town- of Sotllhold is hereby amended as- . ;'f~llow~ ~ ] iRFe'sTAURANT -- Any p~-rais- onto the window.q of~ the 5usinms Or oral:any extefi: . f. TJae ~hwical design: ih- ~ ~06,~] cludim~ color and use 0[. · ' - . ere food is ' :- · m. materials, Of the estab' ~' copamcreia[ly sold for on- ' : fi~ment shall he co~a~ ~ ~i~s~ns~on to ~ffons ~ s~ ~Ics ~coun~.~ : b~ ~isfial a~d [Z.' ~ ......... ~ .......... : physical ~ . ~.'7~ ....... ..- ......... r~Or ~avaeteHs~i~s ~fi 0 :. :.k_;:_: :.:~ .hzP. ~. ~::mtd ' ~) ' ~,. - ............ ::: .::: ,.'RESTAURANT. FORMULA '~ 4~D ~ A re~a~nr bu~nes~ ' · ...... ~ ;~ ......... h, ,.-.,, i =~ of~ad and sem~ bu~. s -~o of" ~ : : ~; ~k~on 100-9~ (A)fT} (~se -~ window or d~¢: Regq~s) qr. ~he Code of th~ & Exte~oz aiana~ shall coil- Town of Somhold is h~eby ' 'f6~ in ;q::,~ ~!]PUBLIC HEARING Lt '..:; ? oN'LOCAL'LAW ~<PUBLIC' :NOTICE IS HEREBY GfVEN.that there has been~ presiented-rD' the Town'Board:-6f the Town of I Smtth~l&. Suffolk ::c0finty, I '(ilVt:% thru fl~c Iowa ~1' the in,aa.of Southold ~ill ,old a pnhlk' hearing on thc I,hlatl..Soulln)ld.. ~cw York,. 'on Ihe 3rd da~ pi'Mu.T. 1904. · !lo?~ Bo~rd o.' th~: 'lbwn of '5;ou~ hold q ~' follow,: ~' ( .aper · Z* ' g ' Dhc Code of 'hc 'l'mrtn of '.v';ou..hold i, he.'eb.~ amended O'eflecf$ a standardized format: Which. is evident in itd cor- ~ord with tlze rural scemc }~haracte~' of the Town,:~ ~n- ,' ~luding th~ de~el°Pmknf of~ ~he homier' on a ~cale tha~ is ' ~./' !.'~e~[on. 100-!3 (D~fi~ 0t' Southo[d is her~b~ amend- m follows: RESTAURANT foo~l ·restaurants' ca~ or out~ fdoois shall doe be considered 'II ""~'dfllllalll" for the Im, po:-- ,ed of this chapter and shall ~ teemed to be drive-in or fast- 'nod 'r~_staurant.] : ~, } 'RESTi~URANT, :: FOR-.r h4ULA TDOD '2_ ~s t~ra. nt o~s~ ~ed menus, ingredients;/dod pnWararion, decor t:r/t,rmd 'a'cadt. or untlbro'~ RI'SI\LRANI. [I)RIVF N OR lAST I C'OD[ 'IAK/: OL'?' .M,3 cqah.{iqi,ncm other than. a formula food resmuranL ~ :principal ~9_~qn~s ts the gale ot tood& 0!¢ .c_~n~mer hi O- rea~5.:-to- ~'onsnme state., usUahty ser',ed m paper, plastic or other: ' *" -, ' - [$di~,posa/ container: tBr con- ,,.,,,.,,. ,,,ev located whO;in qrtp eauancr- ii'e~tafl}ant building~ ~ctal Zom,¢ ah)tit ma/or ~'t,' t/;~,..., /,ei,,,, /ocati,a ,~. . I' tc~ ~ SHOPP~G CENTER ~'enn,h~. '1 h& ordb, unc,, viii ' glimil .wwh u.,t~ '!o the t~di- ~mess~ whwh have ~ 5. , ,, , f ' ,~egra~darrfltl&turalaadstte ~lo~n. 17~i.~ ord,'n~ncc t: i~. ~ eeld,, ,'idt dq, Goal~ and Objectives .: of: thee: Town's ~o~nprehensive Plan to en- doW'rang the, edo~omtc,vfta[it) af 'thd tr~'diti°nal 'hamlet :enters while Mmultaneofisly ;~upermarket or a department Stor~e- 3f, encomfia}g&'~ a }re'n/mum' of 2x, OO~ mua~e ,feet in'ar~a. ' -':" ;5 ' ~: 2. Se~lo~ IO0-~'(A)(7j ~se ~egUI~iOns) of ~ Code of }ne ~ow~. of Saith6i~ · ~ere~;:~m~ded {6~ t[ad~ ~ff~rp.,e-to) tormula lood aha ~t~e out ~stamants. 3. Section I~-91(B)(F)(ll) hereby a~ed to read as YOll0ws: (11). ~ke-out and formula ~foodr~tauranls subiectto the ~ .4dequate parking s~atF: provided in :a~ordahcb ~ ~Zoad~ng:~ma ~mde d, , ..',4 a [.~rl ~creme m osage due to the :m- ~Irodaclion o[the subject land .~?~i~ ;my~ t~pac ,~&p~mm t~ rate,lam '~ t,',, . d,,. 4.,'. .,',,,.'.' ~ h,, .~,}, ~'. ~conto~n mall. Pesp~.t~ ~o iir~ l~Slgn .4~ic~ Qf.:D~ Zo,ing' ,~Cod~ ~d fa~h~ may not be e. Ndvertisentotts iitcladm~, , .~r~de~rk logos m~r not b~ ~l)~d. painted or cepl~l~ and f. lhe physical desi~ in- '~,clu'~ng' color ~d-use ~aterials. ' of the ~smblishmemk i~hail ge [;palihlc MIh ~llC[ d. Section lO0-1~llBffg} ~e~v amended d~stau?~nts l~rovided that[~ ~ eating on the:premisEs of tile ~[fast food] take buL restaurant i~hall be permitt~cLonly inside {iti~e' struethre 'o'r t~e areas ~s~ee~lieal!y designated ~d ~roperly ~nt~ne~ o~tsMe ~f t~e struc~mev~"~re ~inimm lot size' fo~ ~' ~re~- O~O~k, strudtuJr4 &. 'fo~y' ',thodsand 140.~)'i~u~e ' ~ Se.sion 100-101{Bill6} is .hereby added to r~d as[ ..fd~0ws:~ ..;(16) Formu a' fo'o8- ?r~staurants located a, ittffn: aq ~rkiog'ai ~vMed for by the ~.SPark ing ~d ~odding are~. 4 r- ~sud~ parS'the ,~reo sh&l be 5~v~ilable~ ~ithin shopping. e~nter' site to '~ccommodat~, ,<' b. ~5Thd opem~on: of- the ges~bT~hm~ni ~haa no'i create e. There shall be rid ~oumer sen'i~ig batdoor traffic rio a gdrii e-}a. drt re-lhro~eb~ drive- {dip, ddvP: b)' or walk-ap win- ,dow or doo~ ~. d. 4Extenor dmgnage shall 5~form~m all ~ec&. to. lhe Sign'~Anzc~ Of ~he.Zomngr ",~ode a~ fuhheF may ~ot dit from within. . . ;J.~_ Advortm~n~ng rradema~ogof .~v ~not ~e :g}~ited. pa~nte~ or'glued onto :the windows of tire bttsines~ or 0~o ~y ~ertor structum m- ~ 'g. The ~tmg ~tenoC ar- ~tmet parking arced m hemoy ~'~nde~ ',.by cheung the '_f~o~M~ t9 read as folio&s: COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISL.-AND TRAVELER-WATCHMAN, a pub,Ifc newspaper printed at Southold, in Suffolk County; and tho[ the nbtiCe of which the annexed is a p[inted copy, has 6een pubfiSh~a in i~id Lone islana Travele?-Watchman once each week for .................... / .... weeks successively commencing on the ........ ~..~- ./'..'~.'. - .... day of.-.::~ ~ .... , 19. Sworn to before me this ..................... day of 19 - ~ ~FYPE OF USE Re'staumnt. drive-in, vice take out or formula food ~.[or fast food]. ~ REQUIRED NUMBER ~: OF SPACES fi space per 2 seats or I space ~per 50 square feet of gross 'floor space, whichever is greater· ~iaii. This Local Law shall ke_'effeet upon its fili~g with ~the Secretary of State. i. *_~talicrepresentsadditions. **[Bra6ketsl represent deletions_ Copies of this Local Law - are available in the Office of ~:,the Town Clerk to any in- ~terested persons during ~husiness hours. DATED: March 22, 1994 JUDITH T TERRY SOUTHOLD TOWN CLERK :'. 1X-4/21/94(4) Notary Public NOTARY PUSLiC, S~-'=-ta Cc. mi~:~:; a E~pires