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HomeMy WebLinkAboutTOR RES 541Office of the Town Clerk Diane M. Wilhelm, .Town Clerk Registrar of Vital Statistics July 24, 2015 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven Records Management Officer Marriage Officer ENCLOSED HEREWITH please find the following resolution #541 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on July 21, 2015. Resolution#541 — AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (§108-51 Nonconforming buildings and uses) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, Diane M. Wilhelm DMW:cd 200 Howell Avenue M Riverhead, New York 11901— (631)727-3200 Ext. 260 w Fax (631)208-4034 07.21.15 ADOPTED 150541 TOWN OF RIVERHEAD Resolution # 541 AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (4108-51 Nonconforming buildings and uses) Councilman Dunleaw offered the following resolution, which was seconded by Councilman Wooten RESOLVED, the Town Clerk is hereby authorized to publish the attached public notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead Town Code once in the July 30, 2015 issue of the News -Review Newspaper, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed amendment to be posted on the sign board of the Town; and be it further RESOLVED, all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and if needed, a certified copy of same may be obtained from the Office of the Town Clerk. Giglio ®Yes ❑No Gabrielsen ®Yes ❑No Wooten ®Yes ❑No Dunleavy ®Yes ❑No Walter ®Yes ❑No The Resolution Was ® Thereupon Duly Declared Adopted Y:\072115\541 - Building Department - ResoPHNonConforming (2).docx TOWN OF RIVERHEAD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town at Riverhead at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 18th day of August, 2015 at 7:05 o'clock p.m. to amend Chapter 108, entitled "Zoning" of the Riverhead Town Code. Be it enacted by the Town Board of the Town of Riverhead as follows: CHAPTER 108 Zoning Article XIII: Supplemental Use Regulations § 108-51 Nonconforming buildings and uses. A. Any building, structure or use existing on the effective date of this chapter, or any amendment thereto, may be continued on the same lot held in single and separate ownership, although such building, structure or use does not thereafter conform to the regulations of the district in which it is located, and may thereafter be expanded or extended on the same lot by special permit of the Town Board. If the extent of the change is 10% or less, the public hearing requirement may be waived by the Town Board. An application seeking to extend a single-family residence shall be exempt from the requirement of a special permit. , provided that any extension thereof maintains existing residential use, exiStiRg lot aFeas, let setbaGks and lot Gavepage that weFe nreexistiRg use E. Alteration or enlargement of nonconforming structures, generally. A lawfully preexisting nonconforming building or structure or a building or structure which lawfully exists on a nonconforming lot may be enlarged, altered, reconstructed or repaired, provided that the degree of nonconformity is not thereby increased. For the purposes of this subsection, an increase in the degree of nonconformity shall include any increase in the amount of a nonconforming building's or structure's gross floor area which is located within a required setback area, or an increase in any portion of a building or structure located above the maximum height permitted. An application seeking to expand or extend a single-family residence shall be exempt from this subsection, provided that any extension thereof maintains existing residential use, existing lot areas, lot setbacks and lot coverage that were required at the time the residence was issued a certificate of occupancy or letter of preexisting use. Y:\072115\541 - Building Department - ResoPHNonConforming (2).docx • Overstrike represents deletion(s) • Underscore represents addition(s) Dated: Riverhead, New York July 21, 2015 BY THE ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk Y:\072115\541 - Building Department - ResoPHNonConforming (2).docx • • Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics July 24, 2015 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven Records Management Officer Marriage Officer ENCLOSED HEREWITH please find the following resolution #559 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on July 21, 2015. Resolution#559 — AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING' OF THE RIVERHEAD TOWN CODE (Addition of Article XXV: Farm Stand Review) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 jSincerely, Diane M. Wilhelm DMW:cd 200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 Fax (631)208-4034 07.21.15 ADOPTED 150559 TOWN OF RIVERHEAD Resolution # 559 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE (Addition of Article XXV: Farm Stand Review) Councilman Gabrielsen offered the following resolution, which was seconded by Councilwoman Giglio RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice once in the July 30, 2015 issue of the News -Review, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed local law amending Chapter 108 entitled "Zoning" of the Riverhead Town Code to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. Giglio ZYes F_1No Gabrielsen ZYes E]No Wooten ZYes E:]No Dunleavy ZYes [:]No Walter ZYes RNo The Resolution Was M Thereupon Duly Declared Adopted TA 7-21-15 Setting Public Hearing -Amend Chapter 108 Farm Stand Review TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 18th day of August, 2015 at 7:10 o'clock p.m. to consider a local law amending Chapter 108 entitled "Zoning" of the Riverhead Town Code as follows: Chapter 108. Zoning Article XXV. Farm Stand Review 4108-124. Purpose and Intent. As reflected in the Town's 2004 Comprehensive Master Plan and various provisions of the Town Code, the Town of Riverhead seeks to not only preserve the prime agricultural soils but to encourage, promote and support farming and the local farm economy. This article is designated to provide a mechanism to reduce costs and expedite farm stand review for a limited number of direct farm marketing techniques to enable local farmers and growers to market their agricultural products directly to consumers and, in turn, bolster the local economy. 108-125. Definitions. As used in this article, the following terms shall have the meanings indicated: ENHANCED AGRICULTURAL PRODUCTS Agricultural products which are processed beyond cutting, drying, freezing, or packaging. The agricultural products have added ingredients not produced on the farm and may be cooked, cultured, canned, bottled with more than 51% of the ingredients shall contain agricultural products produced on the farm or locally grown. PROCESSING The washing, grading, and packaging of on-farm and locally grown agricultural products. LOCALLY GROWN Grown on a farm located within the state of New York and/or within a radius of 250 miles of the farm. FOOD SERVICE ESTABLISHMENT Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided, whether consumption occurs on or off the premises, or whether or not there is a charge for the food. RETAIL FOOD STORE Anv establishment or section of an establishment where food and food products are offered to the consumer and intended for off -premises consumption. The term does not include establishments which handle only pre-packaged, non - potentially hazardous foods, roadside markets that offer only fresh fruits and TA 7-21-15 Setting Public Hearing -Amend Chapter 108 Farm Stand Review fresh vegetables for sale, food service establishments, or food and beverage vendinq machines. FOOD WAREHOUSE Any food establishment in which food is held for commercial distribution. FARM DIRECT MARKETING The sale of agri-food products directly to the consumer. It is market focused relationship marketing. Producers know their target market and sell products that meet the specific needs of their consumers. A fundamental component of farm direct marketing is the trust relationship that develops between producers/processors and consumers. Successful farm direct marketers assume the accountability and rewards of consistently supplying quality agricultural products directly to the consumer through a variety of marketing channels. FARM STAND Any tempora[y or permanent structure owned or operated by the farmer or grower, for the sale and display of on-farm produced agriculture products, including but not limited to, fruits, vegetables, flowers, nursery products, eggs, and dairy products. In addition to on-farm produced agriculture products, a farm stand may include the sale of locally produced agricultural products and enhanced agricultural products provided that the locally produced agricultural products and enhanced agricultural products shall not exceed 40% of the products offered for sale. A farm stand includes roadside stands and U -Pick operations where the customer comes to purchase agricultural products but shal not include buildings or structures used for processing operations, except for instance processing i.e. bagging or cutting and minimally processed without any additional ingredients, retail food service establishment, retail food store or food warehouse. A farm stand may include sale of decorative containers, pots, tins and such other non-agricultural products directly related to presentation and packing for sale of the agricultural products and such items shall not be deemed to constitute the 40% of locally grown or enhanced agricultural products. PRINCIPAL USE The principal permitted use as listed in the zoning district and/or as legally approved on the subiect property. If property is improved with a single family dwelling or any such other residential structure, except agricultural worker housing provided said agricultural housing complies with all provisions of the town code and has a valid certificate of occupancy and/or certificate of pre- existing use, the residential use of the subject property shall be deemed to be the principal use of the subject property. Notwithstanding the definition of principal use, a property improved with a residential dwelling may qualify for agricultural production as a second or dual principal use provided that (1) the lot exceeds the minimum lot size for the zoninq district; (2) agricultural production is a principal permitted use in the zoning district where the property is situated; (3) the agricultural production on the subject property is limited to and consists of growing, cultivating, harvesting fruits, vegetables, flowers, nursery and horticultural products, eggs, and dairy; (4) the portion of lot in agricultural production exceeds the portion used and related to residential use (i.e., residential use includes driveways; front, side and rear yard areas, garages, decks); and (5) that the agricultural production qualifies for an agricultural tax TA 7-21-15 Setting Public Hearing -Amend Chapter 108 Farm Stand Review assessment pursuant to New York State Department of Taxation and Finance, New York State Department of Environmental Conservation, United States Department of Agriculture or such other local, state or federal entity qualifying and certifying that the land is in bona fide agriculture production. ROADSIDE STAND A temporary structure for sale of on farm produced agriculture products, including but not limited to, fruits, vegetables, flowers, nursery products, eggs, and dairy products. In addition to on-farm produced agriculture products, a roadside stand may include the sale of locally produced agricultural products and enhanced agricultural products provided that the locally produced agricultural products and enhanced agricultural products shall not exceed 40% of the products offered for sale. U -PICK Operations where the customer comes to the farm to pick the fruits, vegetables or horticulture for ultimate purchase by the customer. 14108-126. Farm Stand Review. The Ptaninq Board may allow for farm stand review and approval for the construction of roadside stands, u -pick operations, and farm stands rather than requirement of site plan and adherence to site plan review process set forth in Article XXVI, subject to an applicant's ability to meet the criteria set forth in & 108-127 and subiect to the provisions and procedures set forth below. &108-127. Criteria to be eligible for Farm Stand review. A. Applicant must submit proof that the existing use o ttie subiect parcel is agricultural production as defined by 4108-3 and that the subject parcel is in the agricultural program and/or qualifies for an agricultural tax assessment pursuant to New York State Department of Taxation and Finance, New York State Department of Environmental Conservation, United States Department of Agriculture or such other local, state or federal entity qualifying and certifying that the land is in bona fide agriculture production as of the date of application for farm stand review. B. Applicant must submit proof that the existing use agricultural production is the principal and primary use of the subject parcel as defined in this Article. �• .1 1/ X1111111,73,11111,111!1111� ITZTGTZGTI improvements meet and conform to all the requirements of the zoning code, including but not limited to dimensional table, parking schedule, and lighting. Note, compliance with the parking schedule shall not require that parking areas be improved or paved, simply the area desianated for parkina area shall meet the size and dimensional requirements for the use. -4108-127.1. Submission requirements. A. A completed application shall consist of the following items unless written request for waiver(s) is granted by the Board: TA 7-21-15 Setting Public Hearing -Amend chapter 108 Farm Stand Review (1) A completed application form, accompanied by: a. Names and addresses of all abutting property owners taken from the town records not more than five (5) days before the day of filing.;. b. Names and addresses of all persons whose name and seal appears on the sketch plan and plot plan; c. Names and addresses of all holders of conservation, preservation or agricultural preservation restrictions; d. A letter of authorization from the owner, if the applicant is not the owner. e. A sketch plan as set forth in X108-127.2 f. A plot plan as set forth in 4108-127.3 q, MRCS and/or Suffolk County Soil Conservation for report and recommendation of the plot plan as set forth in X108-127.6. h. Expedited farm stand fee (if required) 4108-127.2. Sketch Plan . A. The applicant for farm stand review shall submit a sketch plan setting forth the following. (1) A location map (e.g., tax map) showing boundaries and dimensions of the parcel of land involved and identifyin_q contiguous properties and any known easements or rights-of-way and roadways. 2) Show the proposed location and arrangement of specific land uses. such as pasture, crop fields, woodland, livestock containment areas, or manure storage/manure composting sites. (3) Sketch of any proposed building, structure or sign, including exterior dimensions and elevations of front, side and rear views. Include copies of any available blueprints, plans or drawings. (4) Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures or siqns, including any anticipated changes in the existingtopography opography and natural features of the parcel to accommodate the changes. Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner. (5) If any new structures are going to be located adjacent to a stream or wetland, provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property. TA 7-21-15 Setting Public Hearing -Amend Chapter 108 Farm Stand Review &108-127.3. Plot plan. A. In addition to a sketch plan, an application for farm stand shall require the submission of a plot plan which shall include the following items: (1) Boundary survey including bearings, horizontal distances and the location of permanent markers. Lots numbered according to the Town tax map numbering system. (2) Location and amount of frontage on public rights-of-way. (3) Location of existing and proposed building with all setback lines. (4) Location of existing and proposed buildings and other structures. (5) Location and description of any existing or proposed easements. (6) Location of existing and proposed water mains, culverts, drains, wells, sewers and proposed connections or alternative means of providing water supply and disposal of sewage. (7) Location and width of existing and proposed driveways. (8) Location of existing features of the site including land and water areas, rock ledges, stone walls; existing and proposed foliage lines; open space to be preserved; and any other man-made or natural features on or immediately adjacent to the site. (9) Base flood elevations and flood hazard areas, based on available FEMA maps, if applicable. §108-127.4. Other information. A. Any deed restriction; and all deeds covering land to be used for public purposes, easements and rights-of-way over property to remain in private ownership, and rights of drainage across private property, submitted in a form satisfactory to the Board's counsel. B. Any other state and/or federal permits. G. Any additional reports or studies deemed necessa rrybby the Planning Board to make an informed decision. The Planning Board reserves the right to request such information after an application has been accepted as complete, as well as before acceptance, however, the Planning Board shall adhere to the notice and time parameters set forth in X108-127.7. 4108-127.5. Septic systems and water supply. A. In areas not currently served by public sewer systems and to the extent applicable, it shall be the responsibility of the applicant to prove that the area of the lot is adequate to TA 7-21-15 Setting Public Hearing -Amend Chapter 108 Farm Stand Review permit the installation and operation of an individual septic system and obtain approval from the Suffolk County Health Department. B. All new wells shall comply with the regulations of the Suffolk County Health Department. 4108-127.6. Storm water management and erosion control. A. The applicant must submit all plans for improvement of the subject parcel identified in the plot plan to NRCS and/or Suffolk County Soil Conservation for report, recommendation and/or approval of the plot plan as same relates to storm water and erosion control and submit the report together with the application and all such other submission requirements. B. The applicant shall comply with all provisions of the Town Code Chapter 110 and to the extent that the proposed improvements do not qualify for an exemption under Chapter 110, to the extent applicable the applicant may seek exemption under the provisions of the Memorandum of Understanding between NYS DEC, NYS Ag & Markets and NYS Soil and Water Conservation Committee. 4108-127.7. Time Parameters for Farm Stand Review. A. Upon receipt o an application for farm stand review, the Planning Department shall refer the application together with all submissions to the Agriculture Advisory Committee, or, in the case of property wherein development is restricted due to a conservation easement or deed of development rights, Farmland Committee, for review, comment or recommendation. The Agricultural Advisory Committee or Farmland Committee, as the case may be, shall issue comments or recommendations for Planning Board consideration within 30 days of receipt and file same with the Planning Department, and in turn, the Planning Department shall refer the application to the Planning Board. B. The Planning Board shall adhere to the following time parameters: (1) The Planning Board shall commence review of all aspects of application for expedited farm stand, including plot plan (sketch), proposed structure, parking_ etc., within 30 days of referral to the Planning Board. A copy of the application together with all submissions shall be referred to the Planning Department and/or Town's Engineerinq Consultant, and any such other department or committee deemed appropriate by the Planning Board within 15 days of receipt of an application. (2) The departments and committees listed above shall make recommendation to the Planning Board within 30 days from referral and in turn the Planning Board shall make final determination within sixty days receipt of an application. (3) In the event that the Planning Board determines that the application is incomplete or information must be supplemented, modified, or addressed necessary to complete review, the Planning Board shall advise applicant within 30 days of TA 7-21-15 Setting Public Hearing -Amend Chapter 108 Farm Stand Review receipt of the application. The Planning Board shall provide applicant 30 days to supplement, modify or address comments or request for information and extend the review period for an additional 30 days to make a determination. Note, nothing herein shall prohibit an applicant from seeking permission to extend the time to change, modify, or address aspects of farm stand, project or development, however, such time shall extend the Planning Board review period for an additional 30 days for receipt of an application deemed complete. • Underline represents addition(s) Dated: Riverhead, New York July 21, 2015 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk TA 7-21-15 Setting Public Hearing -Amend Chapter 108 Farm Stand Review •17 rer Diane M. Wilhelm, Town Clerk Registrar of Vital Statistics Records Management Officer Marriage Officer July 24, 2015 Suffolk County Planning Department L.I. State Park Commission Town of Southold Town of Southampton Town of Brookhaven ENCLOSED HEREWITH please find the following resolution #560 which was adopted by the Riverhead Town Board at a Regular Town Board meeting on July 21, 2015. Resolution#560 — AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE Article VI: Agriculture Protection Zoning Use District (APZ) If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at Ext. 260 Sincerely, 10, 6 AIA,t Diane M. Wilhelm DMW:cd 200 Howell Avenue — Riverhead, New York 11901— (631)727-3200 Ext. 260 — Fax (631)208-4034 07.21.15 ADOPTED 150560 TOWN OF RIVERHEAD Resolution # 560 AUTHORIZES TOWN CLERK TO PUBLISH AND POST A PUBLIC NOTICE TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD TOWN CODE Article VI: Agriculture Protection Zoning Use District (APZ) Councilwoman Giglio offered the following resolution, which was seconded by Councilman Dunleavy RESOLVED, that the Town Clerk be and is hereby authorized to publish the attached public notice once in the July 30, 2015 issue of the News -Review, the newspaper hereby designated as the official newspaper for this purpose, and also to cause a copy of the proposed local law amending Chapter 108 entitled "Zoning" of the Riverhead Town Code to be posted on the sign board of the Town; and be it further RESOLVED, that all Town Hall Departments may review and obtain a copy of this resolution from the electronic storage device and, if needed, a certified copy of same may be obtained from the Office of the Town Clerk. THE VOTE Giglio ®Yes ❑No Gabrielsen ®Yes ❑No Wooten ®Yes ❑No Dunleavy ®Yes ❑No Walter ®Yes ❑No The Resolution Was Z Thereupon Duly Declared Adopted TA 7-21-15 Setting Public Hearing -Amend Chap. 108 APZ Farm Stand TOWN OF RIVERHEAD PUBLIC NOTICE PLEASE TAKE NOTICE that a public hearing will be held before the Town Board of the Town of Riverhead, at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, on the 18th day of August, 2015 at 7:15 o'clock p.m. to consider a local law amending Chapter 108 entitled "Zoning" of the Riverhead Town Code as follows: Chapter 108: Zoning Article VI: Agriculture Protection Zoning Use District (APZ) § 108-22. Uses. C. Accessory uses. Accessory uses shall include those uses customarily incidental to any of the above permitted uses or specially permitted uses when located on the same lot. Specifically permitted are the following: (1) Home occupations or professions conducted within the dwelling by the residents thereof. (2) The sale at retail of homegrown or homemade products, upon a paFGel of minimi rn of soden aGFes, provided that all retail uses shall be subject to approval pursuant to Article XXV ArtiEle XXVt of the Riverhead Town Code and all provisions set forth in Article XXV, including but not limited to the definitions and principal use criteria set forth in § 108-125 and § 108-127. the Lee (3) Agricultural worker housing pursuant to the requirements of § 108-64.4. (4) Farm operations. • Strikethrough represents deletion(s) • Underline represents addition(s) Dated: Riverhead, New York July 21, 2015 BY ORDER OF THE TOWN BOARD OF THE TOWN OF RIVERHEAD DIANE M. WILHELM, Town Clerk TA 7-21-15 Setting Public Hearing -Amend Chap. 108 APZ Farm Stand