HomeMy WebLinkAboutLL-1997 #09Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
I62 WASHINGTON AVENUE, ALBANy. NY 12231
(Use this form to file a local taw with the Secretary of State.)
Text of law skouid be ~vert as amended. Do not include matter being eliminated and do not use
[tatic~ 6r underlining to indicate new matter.
_ ¢::l~x _. Southold
Town m ..............................................................................
Local Law No. 9 of the year 19---~7_
Aloc~liaw .... i__n_R_.e_!ation to Farm Stand Permits
Be it enacted by the Town Board
- - ............... - ............................. ot the
~ ne Southold
I. Chapter 47 (Farm Stand Permits) is hereby added as follows:
Section 47-1. Legislative Intent. Farm stands are an important
part. of the town's agricultural character. Regulation is necessary
to ensure that farm stands remain an adjunct to agricultural uses
and Od not become significant commercial operations in rural and
residential areas.
Section 47-2. Permit Required. It shall be unlawful for any person
to erect, place or sell from a farm stand or stands in excess of a
total of twenty (20) square feet in area unless the structure has
been issued a farm stand permit by the Building Department. A
farm stand is defined in the Zoning chapter of this code,
Section 47.3 Standards for issuance of Permit, No farm stand
permit shall be issued unless the structure and' operation meet
the following requirements. All farm stand permits shall be subject
to revocation if the farm stand fails to operate m comptiande with
the standards set forth below,
a. No farm stand may be in excess of one thousand (1,000)
square feet in floor area. Farmstands in excess of one thousand
adtlldonal space/s needed. -qrr~ch pages the sam~ s/ze as this shear, and number e~ch.)
(1)
(1,000) square feet are permitted only with site plan approval
from the Planning Board and with special exception approval
from the Zoning Board of Appeals and in accordance with
Chapter 100 Articles 25 and 26 of the Southold Town Code.
b. The farm stand must be located on a lot containing at least five
tillable acres of land (excluding any house or agricultural buildings)
owned or leased by the owner of the farm stand. Alternatively, the
farm stand may be located on a tot at least two acres in size
excluding an~ house or agricultural buildings) if the farm stand
owner can establish ownership or lease of at least five tillable
acres of land in the Town of Southold.
c. The farm stand shall sell only produce, plant stock or products
cooked, ,pressed or dried from produce grown on farming
operations within the five East End towns. At least eighty percent
~80%) of the produce plant stock or products must come from the
owner or tenant farmer's own farming operations. A farm stand
shall not sell manufactured products.
a. A farm stand may be operated with an accessory greenhouse,
so long as the combined area of both structures does not exceed
1000 square feet. All greenhouse operations are subject to the
restrictions listed herein.
e. The topsoil which lies under the farm stand or accessory
greenhouse must be retained permanently on the site.
f. The farm stand and greenhouse shall be set back a minimum of
fifty (50) feet from the adjoining public road. in order to allow cars
to maneuver on the farm stand site without creating traffic safety
3robtems on the road.
g. The site shall provide one parking space for every 100 square
feet of stand and greenhouse area, in a location approved by the
Planning Board.
Section 47.4. Fee for Permit. The fee for a farm stand permit shall
be in an amount set by the Town Board by resolution, as amended
from time to time.
Section 47.5. Nonconforming Farm Stands. A farm stand existing
on the date of adoption of this law which does not conform to the
provisions of this chapter shall be deemed to be a nonconforming
building and shall be subjec~ to the provisions within this code for
nonconforming buildings_
6. Section 47-6. Penalties for Offenses. Any violation of this Chapter
( 1 -A }
shall be grounds for revocation of the farm stand permit.
Fur[hermore, any violator of this Chapter shall upon conviction be
guilty of a violation punishable by a fine not exceeding five
hundred dollars ($500) or imprisonment for a period not to exceed
fifteen (15) days. or both. Each day on which such violation shall
occur shall constitute a separate, additional offense. For a
second and subsequent conviclion within e~ghteen (18) months
thereafter, such person shall be guilty of a violation punishable
by a fine not exceeding one thousand five hundred dollars
~$1,500) or imprisonment for a period not to exceed fifteen (t5)
days or both such fine and imprisonment.
II. This local law shall take effect upon filing with the Secretary of State.
(Complete the certification in the paragraph that applie~ to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby ce~ify that the local law annexed hereto, designated as local law No ................................... of 19
of the ~g~ ~ ,:~, ){Town)('RF~ of ___,~.o.~._t~.o.[_d_._ ..... ~-=. ................................... .was duly pasted by the
.... ........... ............ on.M?__v___L3. ...... in accordance with the applicable provisions of taw.
2. CPassage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
i hereb2t certify that the local law annexed hereto, designated as local law No .............................. of 19 ....
o f the (County)(City)(Town)0Zrllage) of ............................................................. was duty passed by the
......................................... on .............. 19 ---, and was (approved)(not aPProved)(repassed after
disapproval) by the ................................................ and was deemed duly adopted on ..................
in accordance w/th the applicable provisions of law.
3. (Final adoption by referendum.)
[ hereby certify that the local law annexed hereto, desi~-mted as local taw No ................................... of 19 ......
of the (County)(City)(Town)('vhllagn) of ................................................................ was duty passed by the
................................................... on .................. 3.9- .... and was (approved)(not approved)(repassed a[Ier
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
t~e qualified etecrors voting thereon at the (genemlXspeciat)(annual) election held on ................. t9--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as iccat law No .................................... of 19 ......
of the (CountyXCity)(Town)(Village) of ................................................................. was duty passed by the
................................................... on .................. 19---- , and was (approved)(not approvedXrepassed after
dmapproval) by the .................................................. on .................. 19 .... Such local taw was subject to
permissive referendum and no valid petition requesting such referendum was filed as of .................. 1¢--- , in
accordance with the applicable provisions of law_
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis o~ if there be none, the chairperson oft. he county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power m approve or veto local laws or ordinances.
5. (City local law concerning Charter revision proposed by pedtion.)
I hereby certify that the local law armexed hereto, &signaled as local law No .................................... of 19 ......
of the City of ............................................ having been submitted to referendum pumuam to the provisions of
section (36X37) of the Municipal Home Rule Law, and having received the affmmarive vote ora majority of tM
qualified electors of seeh city voting thereon at the (special)(generat) election held on .................. 19----,
became operative.
6. (County local law concerning adoption of Charten)
I hereby certify that the local taw annexectharetc_ desi~m'iated as local law No .................................... of iff .....
of the CounTy of ...................................... Stale of New York, having been submitted to [he electom
at-the General Election of November ..................... 19---, pursuant to subdivisions $ and 7 of section 33 of the
Mun~Spa~ Home Rule Law, and having received the affirmative vote of a majority of the qualified electo~ of tlle cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said comity considered as a unit.
voting at said general election, beuame operative.
elf any other authorized form off'mai adoption has been followed, please prnvide an appropriate certification.)
i ~rther certify that I have compared the preceding local law with the ori~naf on ~e in this office and that the same
is a correct transcript theregrom and ot5 the whole of such original local taw, and was fixmily adopted in the manner in-
dicated in paragraph ..... 2 ...... above.
Judith T. T~rry, Town'Clerk
(Seal) Date: May 14, 1997
(Certification to be executed by Count~ Attorney~ Corporation Counsel, Town Attorney, Village z~ttorney or
other authorized attorney of locati~.)
STATE OF NEW YORK
county oF S U F FO LI<
}, the andea'signed, hereby certify that the foregoing lo~al law contains the correct text and that all proper proceedings
ave been had or taken for the enactment of the iocat l~w
Laury L.Dowd, Town Attorney
~ of Southold
Town
May lZt, 1997
Date:
(~)
STATE OF NEW YORk
DEPARTMENT OF STATE
ALBANY. NY 12231-0001
June 4, 1997
JUDITH T. TERRY
TOWN HALL
53095 MAIN ROAD
SOUTHOLD, NY 11971
RE: Town of Southold, Local Law 9, 1997, filed 05/19/97
The above referenced material
indicated. Additional local
request.
was received and filed by this office as
law filing forms Will be forwarded upon
Sincerely,
Janice G. Durfee
Principal File Clerk
Bureau of State Records
(518) 474-2755
JGD:ml
~'~, printed on recycled peper
PUBLIC HEARI NC;
SOUTHOLD TOWN BOARD
MAY 13, 1997
5:05 P.M.
ON A PROPOSED ~LOCAL LAW iN RELATION TO FARM STAND PERMITS".
Present:
Supervisor Jean W. Cochran
Councilwoman Alice J. Hussle
Councilman Joseph L. Townsend. Jr,
Councilwoman Ruth D, Oiiva
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T, Terry
Town Attorney Laury L, Dowd
SUPERVISOR COCHRAN: The next one is a "Local Law in Relation to Farm
Stand Permits". This is being read by Councilman Townsend.
COUNCILMAN TOWNSEND: "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 April, 1997, A Local Law entitled,
"A Local Law in Relation to Farm Stand Permits~'. 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,
Southold, New York, on the 13th day of May, 1997, at 5:05 P.M.. at
which time ail interested person will be heard. This proposed "Local Law
in Relation to Farm Stand Permits" reads as follows:
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 47 (Farm Stand Permits) is hereby added as fellows:
Section 4%1. Legislative Intent. Farm stands are an important
pa~ of the town's aaricultural character. Requlation is necessary
to ensure that farm stands remain an adiunct to aqricuiturat uses
and dc not become siqnificant commercial operations in rural and
residential areas.
Section 47-2. Permit Required. It shall be unlawful for any oerson
to erect, place or sell from a farm stand or stands in excess of a
total of twenty (20~, s(~uare feet in area unless the structure has
Peen issued a farm stand permit by the Buitdin~'Deoartment. A
farm stand is defined in the Zoning chapter of this code.
pg 2 - PH
3. Section 47.3. Standards for Issuance of Permit. No farm stano
permit shall be issued unless the structure and operation meet
the fotlowln,q requirements. All farm stand permits shall be subject
to revocation if the farm stand fails to operate in compliance with
the .standards set forth below.
a. No farm stand may be in excess of one thousand (1.000)
sauare feet in floor area. Farmstands in excess of one thousand
(1.000) square feet ere permitted only with site plan approval
from the P-ianninq Board and with special exception ap~oroval
from the Zorfing, Board of Appeals and in accordance with
Chapter 100~Artides 25 and 26 of the Southofd Town Code_
b. The farm stand must be tocated on a lot containinq at least five
tillable acres of land fexctudinq any house or a,qdcuiturat buildings)
owned or leased by t4qe owner of the farm stand. Alternatively, the
farm stand may be located on a lot at least two acres in s~ze
excludinq any house or aoricuiturat buildings~ if the farm stand
owner can establish ownership or lease of at least five tillable
ac(es of land in the Town of Southeld.
c. The farm stand shall soil onty produce, plant stock or products
cooked, pressed or dried from produce grown on farming
ooerations within the five East End towns. At least eighty percent
(80%~ of the produce, plant stock or products must come from the
owner or tenant farmer's own farminq operations. A farm stand
shall not sell, or manufactured products.
d. A farm stand may be operated with an accessory qreenhouse,
so tonq as the combined area of Poth structures does not exceed
1000 square feet. All qreenhouse operations are subject to thc.
restrictions listed here~n.
e. The topsoil which lies under the farm stand or accessory,
greenhouse must be retained permanently on the site.
f. The farm stand and qreenhouse shall be set back a minimum of
fifty (50) feet from the adjoining public road, in order to allow cars
to maneuver on the farm stand site without creatinq traffic safety
problems on the road.
q. The site shall provide one 0arkina space for every 100 sc~uare
feet of stand and qreenhouse area, in a location approved by the
Planning Board.
pg 3 - PH
4. Section 47.4. Fee for Permit. The fee for a farm stand permit shall
be in an amount set by the Town Board by resolution, as amended
from f, ime to time.
Section 47.5. Nonconforming Farm Stands. A farm stand existinq
on the date of adoption of this taw Which does not conform to the
provisions of this chapter shall be deemed to be a nonconformin,q
buitdinq and shall be subiect to the provisions within this code for
nonconformin,q buildfn,qs.
Section 47.6, Penalties for Offenses. Any violation of this Chapter
shall be qrounds, for revocation of the farm stand permit.
FurLhermore. any violator of this Chapter shall uoon conviction be
quilt~ of a violation ounishable by a fine not exceedinq five
hundred dollars ($500)or imprisonment for a period not to exceed
fifteen (15')',days. or uoth. Each day on which such violation shall
occur shatl constitute a seoarate, additional offense. For a
sec~.ndandsubseauent conviction within ei,arhteen (18} months
thereaft, er, such oerson shall be guilty of a violation punishable
by a fine not exceedin.a, one thousand five hundred dollars
($1 ;500,} or imorisonmeut for a oeriod not (o exc,,~ fifteen (15'~
days or bOth sudh fine and imprisonment.
II. This Local Law shall take effect upon filing with the Secretary of
State.
~ Underline represents additions.
Copies of this Local Law are available in the Office of the Town Clerk to
an,/ interested persons during business hours. Dated: April 1, 1997.
Judith T. Terry~ Southold Town Clerk." We have notice that it has been
published in the Suffolk Times on the 16th day of April, 1997, and also,
placed on the Town Bulletin Board. There is one memo on file, that came
from the Executive Assistant Ruthanne Woodhull regarding "Local Law in
Relation to Farm Stands". George Conway, a farmer from Southold with a
farm stand on Horton's Lane, can not attend the public hearing tonight
regarding the above reference, and would like to make the following
comments on Section 3-C. Who will enforce the 80% local stock law? He and
other farmers might occasionally purchase supplemental stock from New
York, such as pumpkins, onions, or tomatoes, if their crop is poor, or not
yet ready to h~r~v~sted, and they grow it, but might not have it in yet.
Tomatoes, for instance, he would like to still be able to purchase whatever
he needs from New York. How can that be figured into this? Otherwise he
has no problems with the proposed Local Law. That's the extent of the
comments.
SUPERVISOR COCHRAN: You have heard the
Relation to Farm Stand Permits", Would anyone
to this taw? Yes, sir?
reading of a "Local Law in
like to speak in opposition
pg 4 - PH
TONY STURCKEN: Tony Sturcken. Here is my problem. Just so
everyone knows which way the wind is blowing here, we are a Mom and Pop
tax paying farm stand. Okay? By that I mean, I do the planting, my wife
runs the farm stand, and handles the small business end of it. When I
say, tax paying~ we pay taxes on the land. We have a tax number. We
pay New York State taxes. We have to have liability taxes on the farm
stand. We pay that. Now, assuming I can stay in business, I see the
imposition of what is
stand. Now, if we just
fifty feet, essentially
little
this
exi any one
that
not
essentially an additional fee to maintain a farm
take the fifty foot setback, if I had to set back
am out of business. In floraculture, again,
I don~t need a lot of room llke Mr. Krup. skl
and hUndredweight. I deal in bunches, just
make
have
of a number of years should be grandfathered in,
them. There is a few other of us that aren't here,
some problems here. We are
COUNCILWOMAN HUSSIE: You are grandfathered in.
TONY STURCKEN: I didn't understand that to be the case.
SUPERVISOR COCHRAN: Laury, would you like to clarify that?
TOWN ATTORNEY DOWD: If he's got a farm stand existing on the date of
adoption of this law, then he would be treated llke a non-conforming use.
TONY STURCKEN: Which means?
TOWN ATTORNEY DOWD: Which means that you can continue an operation
without having to comply with the standards of this law, unless you need to
make any significant rebuilding, or changes, or it gets destroyed.
TONY STURCKEN: Thank you very much. When we read the law over,
that wasn't the impression I got, but again, we are a legitimate mini
business, and another fee, I'm just telling you the small operation, next
time you drive by there the greenhouses are in the back by the barns, but
we lay out between fuel, expenses, seed, and I know Mr. Krupski will be
laughing at this, but it is always over $2,000 a year just to get started.
So, any other fee I would just like you to consider, Is a burden on ~ small
operation llke us. Again, thank you very much.
COUNCILWOMAN HUSSIE: There is no other fee, unless your business
expands so well, that you have to expand your..
TONY STURCKEN: Heaven forbid that should happen. I don~t think so.
COUNCILWOMAN HUSSIE: Otherwise you come in under the non-conforming
and you are perfectly okay. Don't worry.
pg 5 - PH
a
stands,
in
that was what
manner.
COUNCILMAN TOWNSEND: ] think one of the things that this law was
intended to take care of was a risk out there, that we perceived in the
form of people buildin, g accessory buildings, and claiming them as farm
stands, and sel ng th~ngs that weren't really related to Ioca farm ng, or
just any accessory building just as a way of avoiding Zoning Code Law.
There was indication that, that was starting to happen. Therefore having
seen this start to happen the Code Committee decided to talk to our
farmers, and we did on several occasions. This is also protecting them to
a degree in that if-they have invested the amount of land that a farmer has
not to have everybody that has a hal.f acre have
· Also, it wasn't in.tended to
have viab e farm
· will continue to
hole
bu.t
the intent it JS this
TONY STURCKEN: Thank you very much.
SUPERVISOR COCHRAN: Is there anyone else like to address the Board,
either pro or con on the Local Law in Relation to Farm Stand Permits? Yes,
Al?
ALBERT KRUPSKI: Albert Krupski. Again, it is the maximum size issue
that concerns me, and again, I think it hobbles the industry in that you
really..I don~t know what site plan approval would entail before the town. I
don't know What ZBA approval of the town, but it seems as if someone to
add.., and I don't have any immediate plans to add anything on to the farm
stand, but it still seems like it[s a little too much. I think if you
doubled the size to 2,~00 square feet it would be much more reasonable as
far as putting on greenhouses, and then again, it is not something you
have to build. The farm stand sits vacant for six months out of the year,
so you are not going to build something really elaborate, if you are not
going to use it most of the year. You are only going to build if you
absolutely need to, so I don't think that 2,000 square feet with a
greenhouse and farm stand combined would be that unreasonable, giving the
size of the greenhouse.
SUPERVISOR COCHRAN: Thank you, Al. Anyone else llke to speak in
relation to farm stand permits7 Mr. Orlowskl, who is Chairman of our
Planning Board?
BENNETT ORLOWSKI: I guess I would be remiss, I talked to Bob
VanBourgondien this afternoon, and he is the Chairman of the Ag
Committee for the Town of Southold. The Ag Committee worked, and
don't think I missed a meeting. I~m just a s[ttlng member. I am not a
voting member. The farmers that are on the committee are 100% in favor of
this law. The farm stand wants both of them. I would said they pretty
much wrote it themselves. They feel that it is going to be better for the
industry than hurt the industry. It is not going to hurt the small guy. I
think the permit fee, we hope, is going to be a very small one. The
thousand square foot was a number that was battered around, and looking
pg 6 - PH
at the stand, and greenhouse, and Al is right. You could build a bigger
greenhouse. I am sure that when you go to the ZBA they could give it ~n
a timely fashion. The Planning Board usually is when they come to us, and
proceeds with the application as quickly as possible, and get them out. The
Planning Board right now has to review the site plan on farm stands. This
here makes it a little more clearer for the Planning Board, and a little
better for the farmer, and llke I said, I don't think it's going to hurt
anybody. It's quick and painless, but I think for the industry itself it's
going-to he. lp. I am just here for Bob to tell you that the Ag Committee
suppOrtS th~s 100~.
SUPERVISOR COCHRAN: Thank you, Ben. Anyone else like to address
the Board, pro or con? (No response.) If not I will close the hearing.
Southold Town Clerk
shall,be s~t back a minimum of filll~ [
COIINTY OF SUFFO]._K)
o_rcr! u. r o, ,.tt,,.ek. ,.
said County, being duly sworn, says that he/she
is Principal Clerk of THE SUFFOLK TIMES, a
the:dforcsai{ Local.'.Law at the -iOffenses. Any violalianofthhChavter / · :Weekly Newspaper, published at Mattituck, in
i,¥~the Town of Southuld, County of Suffolk and
I{nlal. SoI.!I'III.I,. , N'.",~. ?,or,~., n. I~11. die ; ::: ~rmsmnd. : hermit Furth~nndr~. ;afi~. ~ i}~,'.,~
p3111 Ila.~ ol M,I}. I ))t, a....(la p.m.. :moIator:ofthls Chaoier ~all;u~on con~ i~ State of New York, and that the Notice of which
· cha~ter of this code.
~'"'~ 3. Sectim{ 4%3. Standards for ~-
~ .,,'.,,ce ,'ffP. r"~d'.. '% ra,'m.i;.,.IA.;.u,.il !
~ a, No farmstand ma~ :'
.
~ agllchl(aml btfildin~sl if the farm~
d. A farmstand may be orr. rated ,I
Principal Clerk
i~ ~ L chaplet 47 (Fa~rastand Permits) is : eighteen (18) months thereafter, such I c:ebx' a~te.~ a~
.~ c~lturslttsegand-.d°n°£bec°m0$~gnif- : I¥ ll.,- I ;,.nd I:,w -I..11 mite cll'.'¢t
2 '~':,,,,4'-2. p, rm" Rk,'uin',' h ' l~Coplcsof~lLoeall~awai~availabl; Sw°rn t?~b~e_f°re me this
' ' "~' .... ' r, day of
.,-...~, ,,,.. ,, .,, r-o,.. ,:,.,.,..,,,,. t'i.~"~d P~'on. ~ b~. ~Z~d/J~
~ '~t~ls m'ex~ess~f a to~ ~ ~n~ ~.hours.
be beaM. able by a fine not exc~i~ine five rhU~ the annexed is a printed copy, has been regular-
Relatinn. ~o ..lrarmsta~d Permits' - fo} a oedod'hot to exceed fiftcehJ-15l ly published in said Newspaper once each week
Ii reads asiol~ows: ' days; or both. Each day on which such for
' weeks successively, conunenclng on
· ; BE .IT I}NA'/ZI~ED, 6y th6 Town :' : {fiolation shall occur shall constitute a' the J day of
/