HomeMy WebLinkAboutLL #13 2014 - - STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA
ANDREW M. CUOMO 99 WASHINGTON AVENUE GESAR A_ PERA'LES
GOVERNOR ALBANY., NY 12231-0001 SECRETARY OF STATE.
December 30, 2014
Lynda M Rudder RECEIVE®
Deputy Town Clerk
Town Hall, 53095 Main Road
PO Box 1179 JAN - 6 2015
Southold NY 11971
Southold Town Clerk
RE: Town of Southold, Local Law 13 2014, filed.on December 30 2014
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492 .
VWWU.DOS.NY.GOV E-MAIL;INFO@DOSMY_GOV
SOUTHOLD MPO
SOUTHOLD, New York
119711000
MR ai a ( 3548330971-0098
12/24/2014 (800)275-8777 11 :52:24 AM
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- sk%vFot,��®
ELIZABETH A.NEVILLE,MMC ��® �,� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
C Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS %�b ® Fax(631)765-6145
MARRIAGE OFFICER ®� ��®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICERg www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 24, 2014
.. EI15097461, 7US
Express Mail
RE: Local Law No. 13 of 2014
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 13 of 2014 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
CAJG-m
4&,--
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Rudder, Lynda
From: Rudder, Lynda
Sent: Tuesday, December 23, 2014 9:59 AM
To: ersupp@generalcode.com
Subject: local law
Attachments: LL#13 2014.docx
1
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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 italics or underlining to indicate new matter.
❑ County
❑ City
0 Town of SOUTHOLD
❑ Village
Local Law No. 13 of the year 2014 .
A Local Law entitled, A Local Law in relation to Amendments to Chapter 240, Subdivision of Land, and
Chapter 280, Zoning, in connection with a Tree Fund
Be it enacted the Town Board of the:
❑ County
❑ City
R1 Town of SOUTHOLD
❑ Village
I. Purpose.
The Town Board finds that in order to protect and preserve the rural character of the Town of Southold,
including the scenic view sheds within the Town, street trees need to be planted and trees which are
located on Town property, which have been removed or destroyed, need to be replaced. This local law
expands the Planning Board's discretion to consider a request by the applicant to contribute a sum of
money, in lieu of planting trees for landscaping or screening purposes in connection with a site plan or
subdivision, where to do so would be impracticable. The fees generated would be exclusively used by
the Town of Southold Tree Committee to pay for the much needed planting and/or replanting of street
trees and trees located on Town property.
II. Chapters 240 and 280 of the Code of the Town of Southold are hereby amended as follows:
§240-49. Clearing.
A. Landscaping and ground cover.
(4) Tree fee.
(a) Upon the request of an applicant if the Planning Board makes a finding pursuant
to this Chapter that the proposed subdivision presents a proper case for requiring
trees to be planted for screening landscaping purposes, but that a suitable location
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239(Rev.05/05)
1
for said plantings does not exist, or it is otherwise impracticable, the Planning
Board may permit the applicant to pay a sum of money in lieu thereof. The fee
shall be as follows:
(1) Not less than Three Hundred Fifty Dollars ($350.00), nor more than Seven
Hundred Fifty Dollars ($750.00) per tree, based on caliper, that would
have been required for screening or landscaping purposes.
(b) Timingof f fee payment. The fee shall be'paid prior to any subdivision approval.
(c) The fee shall be deposited into the Fiduciary Fund and used by the Southold
Town Tree Committee exclusively for the planting of new street trees and/or the
replacement of damaged or removed trees on Town property.
§280-129. Objectives.
C. Landscaping and screening: that all parking, service and similar areas are screened at all seasons
of the year from view of adjacent residential districts and streets and that the landscaping of the
site complements the intended use. Existing trees of at least six inches or more in diameter
measured three feet above the base of the trunk shall be retained to the maximum extent possible.
(1) Tree fee.
(a) Upon the request of an applicant if the Planning Board makes a finding pursuant
to this Chapter that the proposed site plan presents a proper case for requiring
trees to be planted for screening landscaping purposes but that a suitable location
for said plantings does not exist or it is otherwise impracticable the Planning
Board may permit the applicant to pay a sum of money in lieu thereof. The fee
shall be as follows:
(i) Not less than Three Hundred Fifty Dollars $350.00), nor more than Seven
Hundred Fifty Dollars ($750.00) per tree, based on caliper, that would
have been required for screening or landscaping purposes.
(b) Timingopayment. The fee shall be paid prior to any site plan approval.
(c) The fee shall be deposited into the Fiduciary Fund and used by the Southold
Town Tree Committee exclusively for the planting of new street trees and/or the
replacement of damaged or removed trees on Town property.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
2
(Complete 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 body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 13 of 20 14 . of the
of SOUTHOLD was duly passed by the
TOWN BOARD on December 16 , 20 14 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(re-passed after
disapproval) by the and was deemed duly adopted on 20 ,
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 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved)(repassed after
disapproval) by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors Voting thereon at the (general)(special)(annual) election held on 20 , 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 local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , 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 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.
3
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 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule 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 20 ,
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 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , 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 cities 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 there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 , above.
Clerk of the Count7 legislative body.-City. Town or
(Seal) Village Clerk or officer designated by local legislative body
Elizabeth A. Neville,Town Clerk
Date: December 19,2014
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, the undersigned, hereby certify that the foregoing local law conta' e correct to and that all proper proceedings
have been had or taken for the enactment of the local law annexed ereto.
Signature
Martin D. Finnegan,Town Attorney
Stephen F.Kiely,Assistant Town Attorney
Title
GAY
Town of SOUTHOLD
Date: December 19,2014
4
SUMMARY OF LL/AMENDMENTS TO CHAPTERS 240 & 280
TREE FUND
THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS
AFTERNOON'S PUBLIC HEARING AMENDS CHAPTERS 240 AND
280 OF THE SOUTHOLD TOWN CODE CREATING A MECHANISM
WHEREBY THE PLANNING BOARD CAN REQUIRE A FEE IN LIEU
OF THE PLANTING OF TREES FOR LANDSCAPING AND
SCREENING PURPOSES, IN CONNECTION WITH SITE PLAN
AND SUBDIVISION APPLICATIONS, WHERE IT IS
IMPRACTICABLE TO DO SO. SAID FEE WOULD BE EARMARKED
FOR THE PLANTING OF STREET TREES THROUGHOUT THE
TOWN OR THE PLANTING OR REPLANTING OF TREES
LOCATED ON TOWN PROPERTY, AS DETERMINED BY THE.
SOUTHOLD TOWN TREE COMMITTEE.
THE FULL TEXT OF THE PROPOSED LOCAL- LAW IS AVAILABLE
FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE
TOWN'S WEBSITE.
Southold Town Board - Letter Board Meeting of December 16, 2014
RESOLUTION 2014-989 Item 9 5.40
ADOPTED DOC ID: 10282
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-989 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 16, 2014:
RESOLVED that the Town Board of the Town of Southold hereby determines that the proposed
Local Law entitled "A Local Law in Relation to Amendments to Chapter 240, Subdivision of
Lane, and Chapter 280, Zoning, in connection with a Tree Fund" is classified as a Type II action
pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA and
is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of
Southold, Waterfront Consistency Review.
L?-2�0 '
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Generated December 17, 2014 Page 47
RESOLUTION 2014-990
q88 3
9� a
SSSS�y�o`#�aaa ADOPTED DOC ID: 10385
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-990 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 16, 2014:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York,, on the 18th day of November, 2014, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning, in
connection with a Tree Fund" and
WHEREAS the Town Board of the Town of Southold held a public hearing on.the aforesaid
Local Law on the 16th day of December, 2014 at 4:32 p.m. at which time all interested persons
were given an opportunity to be heard,Now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 240, Subdivision of
Land, and Chapter 280, Zoning, in connection with a Tree Fund" reads as follows:
LOCAL LAW NO. 13 of 2014
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 240, Subdivision
of Land, and Chapter 280, Zoning, in connection with a Tree Fund".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town Board finds that in order to protect and preserve the rural character of the
Town of Southold, including the scenic view sheds within the Town, street trees need to
be planted and trees which are located on Town property, which have been removed or
destroyed, need to be replaced. This local law expands the Planning Board's discretion to
consider a request by the applicant to contribute a sum of money, in lieu of planting trees
for landscaping or screening purposes in connection with a site plan or subdivision,
where to do so would be impracticable. The fees generated would be exclusively used by
the Town of Southold Tree Committee to pay for the much needed planting and/or
replanting of street trees and trees located on Town property.
H. Chapters 240 and 280 of the Code of the Town of Southold are hereby amended as
follows:
§240-49. Clearing.
A. Landscaping and ground cover.
(4) Tree fee.
(a) Upon the request of an applicant, if the Planning.Board makes a
finding pursuant to this Chapter that the proposed subdivision
. Resolution 2014-990 Board Meeting of December 16, 2014
presents a proper case for requiring trees to be planted for
screening, landscaping purposes, but that a suitable location for
said plantings does not exist, or it is otherwise impracticable, the
Planning Board may permit the applicant to pay a sum of money in
lieu thereof. The fee shall be as follows:
(1) Not less than Three Hundred Fifty Dollars $350.00), no
more than Seven Hundred Fifty Dollars $750.00) per tree,
based on caliper, that would have been required for
screening or landscaping purposes.
(b) Timingof f fee payment. The fee shall be paid prior to M
subdivision approval.
(c) The fee shall be deposited into the Fiduciary Fund and used by the
Southold Town Tree Committee exclusively for the planting of
new street trees and/or the replacement of damaged or removed
trees on Town property
§280-129. Objectives. /
C. Landscaping and screening: that all parking, service and similar areas are
screened at all seasons of the year from view of adjacent residential districts and
streets and that the landscaping of the site complements the intended use.
Existing trees of at least six inches or more in diameter measured three feet above
the base of the trunk shall be retained to the maximum extent possible.
(1)_ Tree fee.
(a) Upon the request of an applicant, if the Planning Board makes a
finding pursuant to this Chapter that the proposed site plan presents
a proper case for requiring trees to be planted for screening,
landscaping purposes, but that a suitable location for said plantings
does not exist, or it is otherwise impracticable, the Planning Board
may permit the applicant to pay a sum of money in lieu thereof.
The fee shall be as follows:
(i) Not less than Three Hundred Fifty Dollars ($350.00), no
more than Seven Hundred Fifty Dollars ($750.00) per tree,
based on caliper, that would have been required for
screening or landscaping purposes.
(b) Timingof f fee payment. The fee shall be paid prior to any site plan
approval.
(c) The fee shall be deposited into the Fiduciary-Fund and used by the
Southold Town Tree Committee exclusively for the planting of
new street trees and/or the replacement of damaged or removed
trees on Town property_
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
Updated: 12/16/2014 1:25 PM by Lynda Rudder Page 2
Resolution 2014-990 Board Meeting of December 16, 2014
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [5 TO 11
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Ghosio, Ruland, Doherty, Evans, Russell
NAYS: James Dinizio Jr
Updated: 12/16/2014 1:25 PM by Lynda Rudder Page 3
SOUTHOLD TOWN BOARD
PUBLIC HEARING
December 16, 2014
4:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Town Clerk Elizabeth Neville
Town Attorney Martin Finnegan
This hearing was opened at 4:48 PM
COUNCILMAN GHOSIO: WHEREAS,there has been presented to the Town Board of the
Town of Southold, Suffolk County,New York, on the 18`h day of November, 2014, a Local Law
entitled "A Local Law in relation to Amendments to Chanter 240, Subdivision of Land, and
Chapter 280, Zoning, in connection with a Tree Fund" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
16`h day of December,-2014 at 4:32 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 240,
Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund" reads as
follows:
LOCAL LAW NO. 2014
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 240, Subdivision
of Land, and Chapter 280, Zoning, in connection with a Tree Fund".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The Town Board finds that in order to protect and preserve the rural character of the
Town of Southold, including the scenic view sheds within the Town, street trees need to
Amendments to Chapter 280,Tree Fund 2
December 16, 2014
be planted and trees which are located on Town property, which have been removed or
destroyed, need to be replaced. This local law expands the Planning Board's discretion to
consider a request by the applicant to contribute a sum of money, in lieu of planting trees
for landscaping or screening purposes in connection with a site plan or subdivision,
where to do so would be impracticable. The fees generated would be exclusively used by
the Town of Southold Tree Committee to pay for the much needed planting and/or
replanting of street trees and trees located on Town property.
II. Chapters 240 and 280 of the Code of the Town of Southold are hereby amended as
follows:
§240-49. Clearing.
A. Landscaping and ground cover.
(4) Tree fee.
(a) Upon the request of an applicant, if the Planning Board makes a
finding pursuant to this Chapter that the'proposed subdivision
presents a proper case for requiring trees to be planted for
screening landscaping_purposes, but that a suitable location for
said plantings does not exist, or it is otherwise impracticable, the
Planning Board may permit the applicant to pay a sum of money in
lieu thereof. The fee shall be as follows:
(1) Not less than Three Hundred Fifty Dollars ($350.00), nor
more than Seven Hundred Fifty Dollars ($750.00) per tree,
based on caliper, that would have been required for
screening or landscaping purposes.
(b) Timingof f fee payment. The fee shall be paid prior to any
subdivision approval.
(c) The fee shall be deposited into the Fiduciary Fund and used by the
Southold Town Tree Committee exclusively for the planting of
new street trees and/or the replacement of damaged or removed
trees on Town property,
§280-129. Objectives.
C. Landscaping and screening: that all parking, service and similar areas are
screened at all seasons of the year from view of adjacent residential districts and
streets and that the landscaping of the site complements the intended use.
Existing trees of at least six inches or more in diameter measured three feet above
the base of the trunk shall be retained to the maximum extent possible.
(1) Tree fee.
(aa) Upon the request of an applicant, if the Planning Board makes a
finding_pursuant to this Chapter that the proposed site plan presents
a proper case for requiring trees to be planted for screening,
landscaping_purposes, but that a suitable location for said plantings
does not exist, or it is otherwise impracticable, the Planning Board
Amendments to Chapter 280,Tree Fund 3
December 16, 2014
may permit the applicant to pay a sum of money in lieu thereof.
The fee shall be as follows:
'(i) Not less than Three Hundred Fifty Dollars ($350.00), nor
more than Seven Hundred Fifty Dollars ($750.00) per tree;
based on caliper, that would have been required for
screening or landscaping_purposes.
(b) Timingopayment. The fee shall be paid prior to any site plan
approval.
(c) The fee shall be deposited into the Fiduciary Fund and used by the
Southold Town Tree Committee exclusively for the planting of
new street trees and/or the replacement of damaged or removed
trees on Town property
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
I do have in the file a notice that this was published in the Suffolk Times and it was notarized on
November 27. This did appear as a notice on the Town Clerk's bulletin board here in Southold.
I also have a memorandum from the principal planner, LWRP coordinator that this proposal is
consistent with LWRP. I have a letter here from the Planning Board that supports the proposed
legislation and I also have a letter here from Suffolk County that a decision of local
determination can be made on this matter. And that's it.
SUPERVISOR RUSSELL: I would invite anybody that would like to address this particular
local law to please come up. (No response)
This hearing was closed at 4:50 PM
El' beth A. Neville
Southold Town Clerk
' RECEIVED
Steven Bellone D EC 1 9 2014
SUFFOLK COUNTY EXECUTIVE
Department of Southold Town Clerk
Economic Development and Planning
Joanne Minieri
Deputy County Executive and Commissioner Division i Planning
and Environment
December 12,2014
Town of Southold
53095 Main Road
P.O.Box 1179
Southold,NY 11971
Attn: Elizabeth A.Neville,Town Clerk
Applicant: Southold Town Board
Zoning Action: Adopted Resolution Res-2014-917
A Local Law to Amend Chapter 280 Zoning
Subdivision of Land"Tree Fund"
S.C.P.D.File No.: SD-14-LD
Dear Ms.Neville:
Pursuant to the requirements of Sections A 14-14 to A 14-25 of the Suffolk County Administrative Code,
the above referenced application which has been submitted to the Suffolk County Planning Commission
is considered to be a matter for local determination as there is no apparent significant county-wide or
inter-community impact(s). A decision of local determination should not be construed as either an
approval or disapproval.
Very truly yours,
Sarah Lansdale
Director of Planning
dl7
Andrew P.Fr eng
Chief Planner
APF/cd
LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)853-5191
MAILING ADDRESS:
PLANNING BOARD MEMBERS �!°�®f S® Southold,u1Box 1179 11971
DONALD J.WILCENSKI �® �®
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS �s .� Town Hall Annex
PIERCE RAFFERTY a� 54375 State Route 25
JAMES H.RICH III (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR �c®m� Southold, NY
Telephone: 631765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM RECEIVED
DEC - 4 2014
To: Elizabeth A. Neville, Town Clerk
From: Donald Wilcenski, Chairman
Southold Town Clerk
Members of the Planning Board
Date: December 3, 2014
Re: A Local Law in relation to Amendments to Chapter 240, Subdivision
of Land, and Chapter 280, Zoning, in connection with a Tree Fund
The Planning Board supports the proposed legislation. Thank you for the
opportunity to provide comments on the amendments.
cc: Scott Russell, Supervisor
Members of the Town Board
OFFICE LOCATION: OQE soyol
MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) G • Q Telephone: 631 765-1938
Southold, NY 11971
CoUN1V,N
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Supervisor Scott Russell
Town of Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: December 1, 2014
Re: Local Waterfront Revitalization Coastal Consistency Review of"A Local Law in
relation to Amendments to Chapter 240, Subdivision of Land, and Chapter 280,
Zoning, in connection with a Tree Fund"
The proposed local law entitled "A Local Law in relation to Amendments to Chapter 240,
Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund" has been .
reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code
and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the
information provided to this department as well as the records available to me, it is my
recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards
and therefore is CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Martin Finnegan, Town Attorney
OFFICE LOCATION: ��OF SO(/TyO MAILING ADDRESS:
Town Hall Annex �� l0 P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
G @ Telephone: 63.1 765-1938
Southold, NY 11971 • a0
100u1,�
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Scott Russell, Supervisor
Members of the Southold Town Board
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: December 1, 2014
Re: A Local Law entitled, 'A Local Law in relation to Amendments to Chapter 240,
Subdivision of Land, and Chapter 280, Zoning, in connection with a Tree Fund"
The proposed action has been reviewed to New York State Department of Environmental
Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my
determination that pursuant to Part 617.5c(27), the action, as proposed, is a Type II action-and
therefore not subject to SEQRA review.
617.5(c)(27)
"adoption of regulations, policies, procedures and local legislative decisions in connection with any
action on this list,"
Cc: Martin Finnegan, Town Attorney
#11995
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1 week(s), successfully commencing on the
27tH day of November, 2014.
Principal Clerk
Sworn to before me this day of Q2014.
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
WHEREAS, there has been pre-
, sented to the Town Board of-the Town
of Southold,Suffolk County,New York,
on the 18th day of November,2014,a
Local Law entitled "A Local Law in
relation to Amendments to Chapter CHRISTINA VOLINSKI
240.Subdivision of Land and Chapter NOTARY PUBLIC-STATE OF NEW YORK
280,Zoning in connection with a Tree I`:�. 01 VOb 105050
Fund"now,therefore,be it
RESOLVED that the Town Board QUChtfed In Suffolk County
of the Town of Southold will hold a IVY Con mission Expires February 28, 2016
public hearing on the aforesaid Local
Law at the Southold Town Hall,53095
1 Main Road, Southold, New York, on
the 16th day of December,2014 at 4:32
P.-. at which time all interested per-
sons will be given an opportunity to be
heard.
The proposed Local Law entitled,
"A Local Law in relation to Amend
menta to Chapter 240 Subdivision
I of Land.and Chapter 280 Zoning in
connection with a Tree Fund"reads as
follows: ,,
LOCAL LAW NO. 2014
A Local Law entitled "A Local Law
in relation to Amendments to Chapter
240,Subdivision of Land and Chapter
i 280,Zoning in connection with a Tree
t Fund". +
i BE IT ENACTED by the Town
Board of the Town of Southold-as fol- '
lows:
I.Purpose.
The Town Board finds that in order
to protect and preserve the rural char-
atter of the Town of Southold,includ-
ing the scenic view shedswithin the
Town,street trees need to be planted
(and trees which are located on Town
property,which have been removed.or
destroyed,need to be replaced.This lo-
cal law expands the Planning Board's
discretion to consider a request by the
applicant to contribute a°sum of money,
I in lieu of planting trees for landscaping
or screening purposes in connection:,
with a site plan or subdivision,where to
do so would be impracticable.The-fees
generated would be exclusively used by
the Town of Southold Tree Committee
to pay for the much needed planting
and/or replanting of street'trees and
trees located on Town property.
V H.Chapters 240 and 280 of the Code
of the Town of Southold are hereby,,l
amended as follows:
§240-49. Clearing.
P A.Landscaping and ground cover. I
j -(4 Tree fee -�
(a) Upon the request of an aopli
cant. if the Planning Board makes a
finding piirsuant to this Chapter that
the proposed subdivision presents a
proper case for requiring trees to be
Wanted for screening landscaping pur-
poses,but that a suitable location for j
i said plantings does not exist or it is I
I otherwise impracticable the Planning
Board may permit the applicant to pay
asum of money in lieu thereof heeef
shall be as follows:
(1) Not less than Three Hundred
j Fifty Dollars ($350.00),nor more than,
Seven Hundred Fifty Dollars($750 0)D
Per tree.based on caliper that would
have been required for screening or
I landscaping purposes
I .(b)Timing of fee paayinent The fee 1
, shall be paid prior to any subdivision j
I approval.
(c)The fee shall be deposited into the
Fiduciary Fund and used by the South
old Town Tree Committee exclusive]
-for the planting of new street trees and/
or the replacement of damaged or re
moved trees on Town property
§280-129. Objectives.
C.Landscaping and screening: that
all parking, service and similar ar-
eas are screened at all seasons of the
year-from view of adjacent residential
districts and streets and that the land-
scaping of the site complements the in-
tended use.Existing trees of at least six
(inches or more in diameter measured
three feet above the base of the trunk`
shall be retained to'the maximum ex-
tent possible.
1. Tree fee.
(a) Upon the request of an appli
I, cant, if the Planning Board makes a
u"� ueen
pre-sented to the Town Board_Of the Town -
of Southold,Suffolk County,New York, I
on the 18th day of November,2014,a '
Local Law entitled "AA Locate
relation to Amendments to Cha ter
240 Subdivision of Laud and Cha ter CHRISTINA VOLSN$l(�
280 Zonin in connection with a Tree NOTARY PUBLIC-STATE OF NEW
Fund"now,therefore,be it YORK
RESOLVED that the Town Board U1VO6105()$0
Of the Town of Southold will hold a Qual!'IOd in Suffolk COunty
public hearing on the aforesaid Local h'y Commission Expires February 28, 2016
Law at the Southold Town Hall,53095
Main Road, Southold, New York, on
the 16th day of December,2014 at 4:32
P.M. at which time all interested per-
sons will be given an opportunit
heard. y to be
I The proposed Local Law entitled,
"A Local Law in relation to Amend- I
ments to Cha t 02 Subdivision
Iof Land and Cha ter 280 Zoning in
connection with a Tree Fend"reads as
follows:
LOCAL LAW NO. 2014
A Local Law entitled `�A Local Law
in relation to Amendments to Cha ter
240 Subdivision of Land and Cha ter
280 Zonin in connection with a Tree
Fund".
BE IT ENACTED by the Town
Board of the Town of Southold-as fol-
lows:
I.Purpose.
The Town Board finds that in order
I to protect and preserve the rural char-;.
'atter of the Town of Southold,includ-
ing the scenic view sheds within the I
I Town,street trees need to be planted I
f and trees which are located on Townl
destroyed,need to be replaced.
Property,which have been removed or This lo-I
cal law expands the Planning Board's
discretion to consider a request by the
- - Y applicant to contribute a°sum of money,in lieu of planting trees for landscaping II
or screening purposes in connection{
with a site plan or subdivision,where to
do so would be impracticable. The-fees 1
generated would be exclusively used by
the Town of Southold Tree Committee
to pay for the much needed planting
and/or replanting of street trees and I
trees located on Town property.
U.Chapters 240 and 280 of the Code
of the Town of Southold are hereby
amended as follows:
§240-49. Clearing,
A.Landscaping and ground cover.
I � 4 Tree fee. �
(a) Upon the request of ina
cant if the PlanningBoard makesl
a j
' finding pursuant to this Chapter that
— roposed subddrvision presents a ;
ro er case for requiring *tees to be
planted fo-_ landscaping.,ur
Foses,but that a suitable location for I
said 121211111 does not exist or it is
otherwise impracticable the Damping
Board may permit the applicant to pay
a sum of money to lteu thereofreof Theeefeef i
J shall be as follows:
h) Not less than Three Hundred I
Fifty Dollars ($350 00) nor more than I
Seven Hundred Fifty Dollars 750.00
per tree based on caliper,that would
have been required for screening or
I aandsca> g pu oses I[
0: (b)Timing of fee payment The fee
k shall be paid prior to any subdivision
fapproval.
(c)The fee shall be deposited into the
Fiduciary Fund and used by the South
old Town Tree Committee exclusivel
for the planting of new street trees and/
or the replacement of damaged or re
i moved trees on Town property
§280-129. Objectives.
C.Landscaping and screening:' that
all parking, 'service and similar ar-
eas are screened at all seasons of the
year-from view of adjacent residential
districts and streets and that the land-I
I scaping of the site complements thein-al
i tended use.Existing trees of at least six
inches or more in diameter measured
three feet above the base of the trunk
,shall be retained to-the maximum ex-
I tent possible.
(1)Tree fee.
(a) Upon the request of an a1212li-
cant, if the Planning Board makes a f
finding pursuant to this'Chapter that
If the proposed site plan presents a prop
er case for requiring tre6s to be'planted
for screening landscaping_purposes-
but that a suitable location for said
plantings does not exist or it is other-
wise impracticable,the Planning Board
may permit the applicant to 12ay a sum
r of money in lieu thereof. The fee shall
be as follows:
(i) Not less than Three Hundred
Fifty Dollars($350.013),nor more than
'Seven Hundred Fifty Dollars 750 00�
per tree,based on caliper,that would
ihave been required for screening or
landscaping purposes
(b)Timing of fee payment The fee
ishall be paid prior to any site plan W-
roval.
i. (c)The fee shall be deposited into
the Fiduciary Fund and used by the
Southold Town Tree Committee ex-
clusively for the planting of new street
trees and/or the replacement of dam-
aged or removed trees on Townprop-
erty
III.SEVERABILITY
If any clause, sentence, paragraph, I
section,or part of this Local Law shall
I be adjudged by any court of competent
I,jurisdiction to be invalid,the judgment
shall not affect the validity of this law 4
j as a whole.or any part thereof other j
I than the part so decided to be uncon-
stitutional or invalid, i
IV.EFFECTIVE DATE
C This Local Law shall take effect im-
mediately uponfiling with the Secre=
tary of State as provided by law.
Dated:November 18,2014
BY ORDER OF THE.
TOWN BOARD OFTHE
[11995-1T
TOWN OF SOUTHOLD
ElizabethA.Neville
Town Clerk
11/27
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being
duly sworn, says that on the 18th day of November , 2014, she affixed a notice
of which the annexed printed notice is a true copy, in a proper and substantial manner, in
a most public place in the Town of Southold, Suffolk County,New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
LL Chapter 280 & 240 in connection with the Tree Pund
izabeth A. Neville
Southold Town Clerk
Sworn before me this
18th day of Nove er , 2014.
otary Public
LYNDA M. RUDDER
Notary Public, State of New York
No.01 RU6020932
Qualified in Suffolk County
Commission Expires March
®�®stafF
ELIZABETH A.NEVILLE,MMC �� G� Town Hall, 53095 Main Road
TOWN CLERK o P.O.Box 1179
co a Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p S .F Fax(631)765-6145
MARRIAGE OFFICER 'f' !
RECORDS MANAGEMENT OFFICER �a( �a� Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www•southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 19,2014
Re: Resolution Numbers 2014-917 &918 "A Local
Law in Relation to Amendments to Chapter 240,
Subdivision of Land and Chapter 280 Zoning,in
connection with a Tree Fund of the Code
of the Town of Southold, New York
Donald Wilcenski, Chairman
Southold Town Planning Board
Southold Town Hall
53095 Main Road
Post Office Box 1179
Southold, New York 11971
Dear Mr.Wilcenski:
The Southold Town Board at their regular meeting held on November 18, 2014 adopted the resolutions
referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with regard to
this proposed local law and forward it to me at your earliest convenience. This proposed local law is
also being sent to the Suffolk County Department of Planning for their review. The date and time for
this public hearing is 4:32PM,Tuesday,December 16,2014.
Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
Eli eth A. Neville
Southold Town Clerk
Enclosure
cc:Town Board
ELIZABETH A.NEVILLE,MMC a� �y Town Hall,53095 Main Road
TOWN CLERK o '-� P.O.Box 1179
coo Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p • .� Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ®,( .��� Telephone
FREEDOM OF INFORMATION OFFICER wwwsoutholdtbwnny.gov
765-1800
www.southoldtbwnny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 19,2014
Re: Resolution Number(s)2014 917&918 "A Local
Law in Relation to Amendments to Chapter 240,S
Subdivision of Land&Chapter 280,Zoning in connection
with a Tree Fund of the Code of the Town of Southold,
Southold, NY
Andrew P. Freeling,Chief Planner
Suffolk County Department of Planning
Post Office Box 6100
Hauppauge, New York 11788-0099
Dear Mr. Freeling,
The Southold Town Board at their regular meeting held on November 18,2014 adopted the
resolution(s) referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with regard to
this proposed local law and forward it to me at your earliest convenience. This proposed local law is
also being sent to the Southold Town Planning Board for their review. The date and time for this public
hearing is 4:32PM,Tuesday, December 16,2014
Please do not hesitate to contact me, if you have any questions. Thank you.
Very truly yours,
a. t
Eliza h A. Neville
Southold Town Clerk
Enclosure
cc:Town Board
Southold Town Board - Letter Board Meeting of November 18, 2014
°°N°` RESOLUTION 2014-918 Item# 5.27
,*Q� DOC ID: 10250
�: ADOPTED
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-918 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 18, 2014:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to
Amendments to Chapter 240, Subdivision of Land, and Chapter 280, Zoning, in connection
with a Tree Fund" to the Southold Town Planning Board and the Suffolk County Department of
Planning for their recommendations and reports.
04as4�2,Vez�
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
Generated November 19, 2014 Page 36
Rudder, Lynda
From: Reisenberg, Lloyd
Sent: Friday, November 21, 2014 2:11 PM
To: Rudder, Lynda
Subject: RE: Final Corrections
Posted
Lloyd H. Reisenberg
Network and Systems Adrninistrator
Town of Southold, New York
www.south oldtownny.gov
Iloydr@southoldtownny,gov
0: 631-765-18911 M:631-879-1554 F: 631-765-5178
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
'ohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the
tended recipient, please contact the sender and destroy all copies of the communication.
From: Rudder, Lynda
Sent: Friday, November 21, 2014 1:31 PM
To: Toth, Vicki; Verity, Mike; Lanza, Heather; Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty, Jill; Finnegan, Martin;
Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren;
Tomaszewski, Michelle; Tracey Doubrava (tdoubrava(?btimesreview.com); William Ruland
Subject: Final Corrections
Please publish this copy in the Suffolk Times and the Town website.
1