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