HomeMy WebLinkAboutLL-1997 #08Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE. ALBANY. NY 12231
(Use this tom to file a local law with the Secretory of State.)
T~ of law should be given as amended. Do not inctud~ matter being etim{nated and do not
italia or underlining to indicate new mauer.
x~yx ot..._.S_9_u.t_h_~_d ................................................................
Tow~
8 97
Local Law No ...................... of the year 19 ......
A local law --- in-.-.-R-el.a--ti--°-n---t-9--F~r-m--Stan-d-s- ......................................
of the
of.___s.9_.u. Lh9%~_ ................................................................. as ronows:
Town
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-13B (Definitions) is hereby amended as follows:
Farm Stand - Any structure open to the weather
on at least one side, used for the sole purpose of retail sale
of produce grown by the owner of the stand on farm acreage
within the town of Southold. Such structure may be one-story or
less. roofed, have partial walls and flooring, but may not be
completely enclosed except when the business is closed. A Farm
Stand may not be insulated, or mechanically heated or cooled by
permanent equipment. A truck bed or traiteron wheels, with
areas in excess of 20 square feet displaying produce, shall
be considered a farm stand.
2. Section 100-31A(2)(a) (Use regulations) is hereby amended as
follows:
(a) The raising of field and garden crops, v~neyard and-orchard
{~' additiormi spaca ~ needed, arr~ch pag~ the sam,~ size as this shect, and number eaci-r.)
State.
II.
farming, the maintenance of nurseries and [he seasonal sale
of products grown on the premises.
Delete in their entirety Sections 100-31A(2)(a)[1]; [2] and [3].
Sec-tion 100-31A(2) (Use regulationsJ is hereby amended as
follows:
(d) The retail sale of local produce from structures of tess than
twenty (20) square feet floor area shall be set back at least ten (10)
feet from any lot line.
This Local Law shall take effect upon filing with the Secretary of
( 1 -A }
(Corn piete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative b~dy only.)
hereby certify that the local taw annexed hereto, desi:~ated as local law No .................................... of t9 ......
of the (~x~_ ~( .~i~y, ){Town)(X~4}ag_~) of ..:__$__o__u.~_o_t.~ ....... -cz: .....................................was duly passed by the
.... -T-q-w-'-n-_.-B-9)E-d- .................... ---.-- on .M__a_~,___l__~. ...... 19 ~L. in accordance with the applicable prov~ions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I he~eb_y certify that the local law annexed hereto, designamd as local law No ................................. of 19 ......
of the (Couaty)(City)(Town)OJ'ffhge) of ..................................................... was duly passed by the
....................................... on ............... t9 ---, and was (approved)(not apptoved)(repassed after
disapproval) by the ...................................... and was deemed duly adopted on .................. t9----,
in accordance with ~he applicable provisions of taw.
3. (Final adoption by referendum.)
I hereby certify ~hat the local law annexed heret¢, designated as local law No .................................. of 19 ......
of the (County)(Ciry)(Town)(~'5ilage) of ............................................................... was duly passed by the
.................................................. on ................. 19- .... and was 0pproved)(not approved)(repaased after
dLsapprovai~ by the ................................................ on ................... t9 ..... Such local law was submitted
to the people by reason ora (mandatory)(permissive) referendum_ and received the affirmative vote o£a majority of
the qualified etemo~ voting thereon at the (geaeralXspecial)(annuat) election held on ................. t9---- , in
accordance with the applicable provisions of !aw.
'4. (Subject to permissive referendum and final adoption because no valid petition was ~ed requesting
.referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(-v~ilage) of ................................................................. was duly passed by the
................................................... on .................. t9 ..... and was (approved)(not approved)(repassed after
disapproval) by the ................................................. on .................. 19 .... Such iocal law was subject to
permissp,,e referendum and no valid petition requesting such referendum was filed as of .................. 19- ....in
accordance w{th the appilcabte provisions of law.
Elective Chief Executive Officer means or [ncfudes the chief executive officer of a county elected on a county-
wide basis or. if there be none, '.he chairperson of the coun~ legislative body, the mayor of a city or village, or
ttm. supetwisor ora town where such officer is vested with the power to approve or veto local laws or ordinances.
(City local law concerning Charter revision proposed by petition.)
I hereby certi~ that the local taw annexed hereto, designated as local law No .................................. of 19 ......
o£ the City o£ ............................................. having been submitted to referendum pursuant to the provisions of
section (36)(b~7) of the Municipal Home Rule Law, and having received the affirmative vote of a majedty of the
qualified electors of such c/ty voting ffterecn at the (spec4mt)(genemt) election held on .................. 19---,
became operative.
6. (County local law concerning adoption of Charter-)
I l~ereby certify that the local law annexec~hereto, designated as local law No .................................... of 19- .....
of the County o£ ....................................... Stare of New York, tmving been submitted to the electom
ar the General Election o£ November ............... 19---, pursuant to sulx:tivisions 5 and 7 otsection 33 of the
Munic/pal Home Rule Law, and having received the affirmatiw vote of a majority of the qualified etectom of the eit-
ie~ otTsaid county as a un/t and a majority of tJae qualified electom of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized tom of Fmal adoption has been followed, please provide an appropriate certification.)
I ~rther certify tint I have compared the preceding local law with the odginat on file in this office and that the same
is a correct transcript therefi'om and of the whole o£ such original local law, and was finally adopted/n the maimer
di~ted in paragraph ..... _L___, above.
or offZer desimmd _by local I~gi~..aav¢ bony
Judith T. Terry, Town Clerk
(Seat) Date: May 1 g, 1997
(Certitication to be executed by County Attorney, Corporation Counsel, Town Attorney, Village A~oruey or
other authorized attorney of locality.)
STATE OF NEW ¥ORK
SUFFOLK
CO Lrbrf~ OF
INa' the,undersigned, hereby certify, that the foregoing Ioc~l law contains the correct te~ and that all proper proceedin~
ve oeen had or taken for the enactment of the Iocal ta,,¥ annexed hereto.
Laury L.Dowd, Town Attorney
~&ga< of Southold
Date: May 14, 1997
(~)
STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY. NY ~2231-0001
June 4, 1997
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 8~ 1997, filed 05/19/97
The above referenced material was received and filed by this office as
indicated. Additional local law filing forms will be forwarded upon
request.
Sincerely,
Janlce G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:mi
~ pr{nt-~d on recycled paper
PUBLIC HEARING
SOUTHOLD TOWN BOARD
MAY 13, 1996
5:02 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO FARMSTANDS".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. OliYa
Justice Louisa P. Evans
Councilman William D. Moore
Town CJerk Judith T. Terry
Town Attorney Laury L. Dowd
SUPERVISOR COCHRAN: The next hearing is on a "Local
to Farmstands" It is being read by Councilwoman Oliva.
Law in Relation
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 1st day of Aprli, 1997, a Local law entitled,
"A Local Law in Relation to Farm Stands". 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, 53095 Main Road, $outhold,
New York, on the 13th day of /day, 1997, at 5:02 P.M., at which time
all interested persons will be heard. This proposed "Local Law in Relation
to Farm Stands" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
L Chaoter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section I00-13B (Definitions) is hereby amended by adding
and deleting the following:
Farm Stand - Any structure open to the weather
on at least one side, used for the sole puroose of retail sale
of proouce prown bv the owner of the stand on farm acreaoe
within the town of Southoid. Such structure may be one-story or
less. roofed, have partial walls and floorincL but may not oe
completely enclosed except when the business is closed. A Farm
Stand may not be insulated, or mechanicatl¢ heated or cooled Dy
~)ermanent eouipment, A truck bed or trailer on wheels, with
areas in excess of 20 souare feet d sDlavinq oroduce, shall
be considered a farm stano.
~g2- PH ~
Section 100-31A(2)(a) (Use regulations) is nereDy amended by
adding and deleting the following:
(a) The raising of field and garden crops, vineyard and orchard
farming, the maintenance of nurseries and the seasonal sale
of products grown on the '
3. Delete in their entirety Sections ~00-31A(2)(a)[1]; [2] and [3].
Section 100-31A(2) ~Use regulations) is herel~y amended by
adding the following:
(d) The retail sale of local oroduce from structures of less than
~wen[v f20) square feet floor area shall be set back at least ten (10)
feet f~m any lot line.
(e} Farm Stands of greater than twenty (20i but less than one
thousand (1.000/ square feet floor area are a permitted use only if
they hold a farm stand permit issued pursuant to Cha~ter 47.
II. This Local Law shall take effect upon filing with the Secretary of
State.
* Underline represents additions
Strikethrough represents deletions.
Copies of this Local Law are available in the Office of the Town Clerk to
any interested persons during business hours. Dated: April 1, 1997,
Judith T. Terry, Southold Town Clerk." I have an affidavit that it was
published in the Suffotk Times, and it was also posted on the Town Clerk's
Bulletin Board. We have a letter of approval of local determination from
Joe Newman, Chief Planner of Suffolk County, and we have
correspondence from our Planning Board stating, with regard to
farmstands the Planning Board supports the adoption of this proposed
change to the definition, and the use of regulations. However it strongly
recommends that reference be made to Chapter 47 in the proposed text.
Otherwise the casual reader of the Zoning Ordinance will have no clue as to
the binding regulations of proposed Chapter 47. The adoption of Chapter
47 should have been accomplished at the same time to avoid both confusion
and duplication, that is having to go back amend Chapter 100 to approve
the reference to Chapter 47. That is all the communications I have.
pg 3 - PH
SUPERVISOR COCHRAN: Anyone like to speak in favor of a Local Law in
Relation to Farmstands? In support of? (No response.) Then I will call
from the other side, is there anyone that would like to speak in
opposition? Yes, sir?
TONY STURCKEN: Tony Sturcken. Could I reserve the right to
address this resolution, and the permit fee resolution as one entity, or do
I have to go one and two?
TOWN CLERK TERRY: You have to go one and two, because it's separate.
TONY STURCKEN: On the first instance, I ~ think the law is good,
however I think you are making hard and fast rules for situations that
demand flexibility. Most of you know my farmstand. It's on Main Road,
Cutchogue, across from the Home Store. We. have been there for a number
of years running a little flower stand, right across from Mrs. Richmond's.
Before us the farmstand went back probably to the 50's. The thing that
concerns me iS that we are making up laws, and I'm a little confused about
the Stewardship Task Force, for example. I would think that we would be
coming up with ways to enhance farmers and farmstands, rather than
imposing additional burdens on us with laws and permits. I don't think
farmstands are running rampant in this town, and if fact, they are quite
an attraction. Additionally, I would llke you to consider an elderly person,
that have some excess in August. They set up a little table.
JUSTICE EVANS: That's fine.
TONY STURCKEN: It's attended. If they bring a truck out there, and
Dad sets it up for the two young boys that want to sell some berries, it
may be a little bit of a problem. I don't think our intention, at least I
hope it's not, is to cause a burden for these people. But speaking as a
legitimate taxpaying farmstand owner I really can't see any need for an
additional burden on our operation. Why should it be cumbersome. We
have been there for a number of years. I don't think we have a full
farmstand problem here in Southold town, as I see it now.
COUNCILWOMAN OLIVA: I don't think we are trying to regulate you more.
I think we are trying to make it easier so you define what is a farmstand,
and that the little guy with his table, that sets out there, that's part of
the ambiance of Southold Town. But, even now if you want to have a
regular farmstand, and now we are just defining what a regular farmstand
would be an X of so many square feet, and you still even now have to get
a farmstand permit from the Planning Board. So, we are really not adding
anything that is not already there. We are just defining it more clearly.
TONY STURCKEN: Well, under the new plan through the years, and
what is happening to the property where I am, we find ourself m a
non-conforming use. Hopefully nobody standing here 'is going to put us out
of business. We have always played by the rules, but I would fall under
the non-conforming use, but I deal in floraculture. Floraculture
doesn't need two acres or five acres. In fact, two acres would be a
wholesale operation by any stretch of the imagination. So, with the
methods of the small greenhouse that we have, we can produce all the
pg ~ - PH
flowers that we need to produce. Incidentally, this is sending out a
relationship, that you should be aware of, between Bidell, The Down
Home Store, the Country Cart, Krupski, Farmer Mike'sr and Pindar, and
we all want to see traffic eliminated. Actually our main parking lot is
Pindar, and most of our customers, and I think some of the farmstand,
we have a lot of foot travel. People actually go out, and walk around. Of
course, they come on our side, because we have the sidewalk. My main
concern is that we wouldn't be burdened, because I think we are a5 credit
to the town, we run a clean operation. We have been photographed many
times, as many of the farmstands, and I wouldn't want to see the
imposition, certainly that would put us out of business.
SUPERViISOR COCHRAN:
proposed Local Law?
Anyone else like to address the Board on this
ALBERT KRUPSKI: Albert Krupski, Peconic. I see this is on the agenda
later for a vote, to be voted on tonight.
COUNCILMAN MOORE: Possibly, depends on the comments that come
SUPERVISOR COCHRAN: If we have enough, that we should stop, and
think, and look, we will. We may hold it.
ALBERT KRUPSKI: If it were voted on tonight, when would it be enacted?
COUNCILMAN MOORE: Upon filing with the Secretary of State.
ALBERT KRUPSKI: What is the time frame?
COUNCILMAN MOORE: Ten days, fifteen days.
TOWN CLERK TERRY:: No, I would mall it out within a couple of days,
certified mail, it's usually five days.
ALBERT KRUPSKI: One problem, one big problem I have with this is, that
there is a maximum size placed on this as far as farmstands, and a
farmstand with a greenhouse, retail area, and I don~t think it is right to
limit any business in town as far as growth goes, and I think it's really
short-sighted of the Board to consider limiting a business. Agriculture is
the largest industry in New York State, and I think it would be really
shortsighted to limit that anywhere within Southold Town, so I think that's
a mistake to limit the size of the retail area.
COUNCILWOMAN OLIVA: The next one. You are including the greenhouse
with the farmstand
SUPERVISOR COCHRAN:
Farmstand Permits.
The second one is a Local Law in Relation to
COUNCILWOMAN OLIVA: Permits, it's just permits.
ALBERT KRUPSKI: Which is defining a farmstand as being under 1,000
square feet?
pg 5 - PH
COUNCILWOMAN OLIVA: No.
SUPERVISOR COCHRAN: The second one. It's the next one you want to
speak to.
COUNCILWOMAN HUSSIE: It does mention the square feet requiring the
permit.
ALBERT KRUPSKI: What about oversized? Why a thousand square? Why
an arbitrary figure to put a burden on someone?
COUNCILMAN MOORE: This is a shorthand procedure in an attempt to
foster farmstands, where we think they are suitable. People who
participate in the Ag Committee's significant input, we had several
meetings. It has gone around, and around. You issue comments so we can
chew them over, but the 1,000 square foot was designed to be a lesser
intensive propOSition in a regular retail commericial business type
venture recognizing the unique nature of agriculture, and the farmstand
use of selling. A limit was placed, and around, and around, and around, a
thousand got knocked to five hundred~ back up to thousand. We're not
saying, don't go over a thousand, but if you are going to go over a
thousand, you are then going to go into a structured review process,
special exemption approval by the ZBA, saying, hey, th~s is a good place
for it. Site plan looked at by the Planning Board. Over a thousand square
feet you get a little significant size.
COUNCILMAN TOWNSEND: Building permits, you may want to have safety
considerations on a building that size.
ALBERT KRUPSKI: You are hobbling the industry at that point when you
are limiting it to 1,000 square feet. You are not going to build these
farmstands if you are not in good location, one, or you are not going to
p~oduce enough produce to sell it. In other words, you are not going to
have enough customers. You got to have two things that are going to work
there.
COUNCILMAN TOWNSEND: We are not outlawing farmstands.
ALBERT KRUPSKI: I know you are not outlawing them, but you are
severely limiting them.
COUNCILMAN MOORE: We don~t want the Golden Top from Smithtown,
which is almost a retail grocery store, popping up out on an ag zone
piece of property on Route ti8, and saying, guess what? We are a
farmstand.
ALBERT KRUPSKI: The law itself, I think the intent of the law is good
and it's fair. I~m just saying that the size limit is not fair. If you put
a farmstand with a small retail greenhouse, I think that's way too small. If
we are going to have a retail greenhouse, what size do we have?
COUNCILWOMAN MOORE: You are not prohibited from doing it.
ALBERT KRUPSKI: Would we have to go through the ZBA?
pg 6 - PH
COUNCILMAN MOORE: It is an attempt to put a reasonable method by
which you could get site approval, It doesn't prohibit it,
JUSTICE EVANS: You can get approval. You have to get site plan
approval for anything over 1,000 feet. It is a Special Exemption approva
from the ZBA.
COUNCILWOMAN HUSSIE: Over a thousand square feet the Planning Board
process kicks in.
ALBERT KRUPSKI' I think that is unreasonable. A regular size
greenhouse is 100 by l~t to 22 feet wide, So, say it's 100 by 20 feet.
That's 2,000 square feet. That is a norma size greenhouse. That's not an
extra large greenhouse operation. That is just a hoop house. That is
.nothing extravagant. That is what I~m saying, if you look throughout the
~ndustr~ that figure is Iow. That is all I have to say.
SUPERVISOR COCHRAN: Is there anyone else that would llke to address
the Board? (No response.) If not, I will close the hearing.
Judith T. Terry
Southold ToWn Clerk
~,~j Y'in the Ofi~ce of he Tovm Clerk t~ any
, : ! ? ~.;~t interesled Persons &zing husine-~
NOTICE OF PUBLIC KEARING olavim~ nroduce I b~ considered a. Dated! April 1, 1997 . T TERRY
OI'¢LOCALL~'W I farmst-a~l ,.-.~ I]:IDITH .
pIYBLIC NOTICE IS HEREBY' , ,' : SOUTftOLD TOWN CLERK
~'i 'GIVEN that I~ere ~as b~n pr. esefited
;~. to ~e Town Bga~ ~ ~e To~ of
: ~' Southold~ S~o~.~, Ne~ Yo~
~ ~ h~ ~S: ~y:of~nL 19~ a ~1
' 13th day of May, P~)7, at A:0I p.m.
~ ere }v Im~BtielI by addintl a.d
) SS:
C F SUFFOLK i~
~ of Mattituck, in
sand County, being duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIM~S. a
Weekly Newspaper. published at Mattituck. in
the Toxrn of Southold, County of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regular-
ly published in said Newspaper once each week
for [ weeks successively, e~ommench~ on
the ] day of~ 19~.
Principal Clerk