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Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
September 8, 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 #638 which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on September 1, 2015.
Resolution# 638-AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO IMPOSE A ONE (1) YEAR MORATORIUM ON THE ESTABLISHMENT, LOCATION,
CONSTRUCTION, USE, OPERATION OF LAND OR STRUCTURES AS A MEDICAL MARIHUANA
DISPENSARY AND THE ISSUANCE OF ANY ZOING, SITE PLAN, BUILDING, LICENSING,
PERMIT OR OTHER APPROVAL TO ANY PERSON, ENTITY OR PREMISES FOR THE USE OF
LAND OR STRUCTURES AS A MEDICAL MARIHUANA DISPENSARY
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm
at Ext. 260
Sincerely,
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Diane M. Wilhelm
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200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
09.01.15 ADOPTED
150638
TOWN OF RIVERHEAD
Resolution # 638
AUTHORIZES TOWN CLERK TO PUBLISH AND POST A NOTICE OF PUBLIC
HEARING TO IMPOSE A ONE (1) YEAR MORATORIUM ON THE ESTABLISHMENT,
LOCATION, CONSTRUCTION, USE, OPERATION OF LAND OR STRUCTURES AS
A MEDICAL MARIHUANA DISPENSARY AND THE ISSUANCE OF ANY ZONING,
SITE PLAN, BUILDING, LICENSING, PERMIT OR OTHER APPROVAL TO ANY
PERSON, ENTITY OR PREMISES FOR THE USE OF LAND OR STRUCTURES AS A
MEDICAL MARIHUANA DISPENSARY
Councilwoman Giglio offered the following resolution,
which was seconded by Councilman Dunleavy
WHEREAS, as early as 1930, states have regulated cannabis (often referred to
as "marihuana", "marijuana" or "mariguana" and intended to reference the name of the
cannabis plant and a drug preparation made from the plant) as a drug such that the act
of possession, manufacture, transportation and sale was declared unlawful or criminal
and by the mid 1930's, 35 states enacted the Uniform State Narcotic Drug Act; and
WHEREAS, the federal government, through the Controlled Substances Act of
1970, identified cannabis as a schedule I drug, classified as such for high potential for
abuse, and regulated and criminalized the use and possession of marihuana; and
WHEREAS, while there have been challenges to the federal law regulation and
criminalization of cannabis, the Supreme Court has upheld the federal government's
right to regulate and criminalize cannabis even for medical use; and
WHEREAS, since the enactment of the Controlled Substances Act, several
states have either petitioned, albeit unsuccessfully, the federal government to
decriminalize marihuana possession for personal use or adopted various
decriminalization legislation often limited to personal use of and limited quantities of
marihuana; and
WHEREAS, more recently, states, through their respective departments of health
and social services, as well as medical practitioners throughout the United States, have
studied and debated the benefits and risks associated with use of marihuana for
treatment of series illness and diseases, including cancer, epilepsy, human
immunodeficiency virus, multiple sclerosis and other disorders characterized by muscle
spasticity and nausea, and enacted legislation to decriminalize marihuana for medical
use; and
WHEREAS, even more recently, June of 2014, the New York legislature
passed legislation, signed into law by the Governor on July 7, 2014, referred to as the
"Compassionate Care Act" or "Medical Marihuana Program", amending the Public
Health Law to add Title 5-A "Medical Use of Marihuana", that states, in pertinent part, it
shall be lawful to possess, acquire, use, deliver, transfer, transport or administer
medical marihuana for certified medical use by a certified patient suffering from serious
debilitating and life threatening conditions, including but not limited to cancer, positive
status for human immunodeficiency virus, spinal cord injury with objective neurological
indication of intractable spasticity, and Parkinson's disease or such other diseases as
may be added by the Commissioner subject to restrictions and consistent with guidance
regulations to be promulgated by the Commissioner of Public Health (*Note, the
projected effective or implementation date was January of 2016 with 18 months from
date of enactment provided for the Commissioner to adopt regulations related to the
various provisions of Title 5-A); and
WHEREAS, in addition, Title 5-A declares that it shall be lawful for "registered
organizations", be it for-profit business entities or not-for-profit corporations, to acquire,
possess, manufacture, sell, deliver, transport, distribute, dispense marihuana certified
for medical use subject to certain registration and qualification requirements set forth in
Title 5-A and to be promulgated by the Commissioner of Public Health; and
WHEREAS, the provisions of Title 5-A limit the number of manufactures that
will be licensed to grow marihuana to five and limit the number of"registered
organizations" (hereinafter referred to as "Medical Marihuana Dispensary(s)" authorized
to dispense marihuana for sale all subject to registration and qualification requirements
that are set forth in Title 5-A and other regulations or restrictions to be promulgated by
the Commissioner of Public Health; and -
WHEREAS, while the provisions of Title 5-A make clear that qualification of
Medical Marihuana Dispensaries include appropriateness of the location, the text or
language set forth in Title 5-A fails to provide or disclose the factors to be considered
and the process to evaluate and determine appropriateness of location and more
importantly fails to address the Town's authority to regulate this new use under its
zoning and police powers; and
WHEREAS, presently, the Town Code, does not regulate this new use created
by the enactment of Title 5-A, Medical Marihuana Dispensary, nor does the zoning code
permit or specially permit the location of a Medical Marihuana Dispensary within any of
the existing zoning districts; and
WHEREAS, the Town seeks to fulfill its obligation and assert the authority vested
to the Town granted and set forth under Home Rule Law and such other provisions of
law, to analyze impacts and potential liabilities under federal law; determine an
appropriate regulatory framework for this new use, Medical Marihuana Dispensary,
including analyzing impacts and secondary impacts and mitigation of said impacts to
ensure that location of and operation of Medical Marihuana Dispensaries are
appropriate within the Town or a particular zoning district within the Town; evaluate and
determine consistency with the Comprehensive Plan adopted by the Town; and
WHEREAS, additional time is needed for the Town, through its various
departments and such other experts or resources the Town may deem appropriate, to
conduct appropriate study, research, investigate and evaluate the recent legislation,
together with regulations and rules relating to the legislation promulgated by the
Commissioner of Public Health, Department of Public Health or such other law, rule,
regulation relating to acquisition, possession, manufacture, sale, delivery,
transportation, distribution, and dispensing of medical marihuana and the registration
and qualification requirements related to Medical Marihuana Dispensaries; the effects
and impacts, including secondary impacts, related to the siting or location of a Medical
Marihuana Dispensary(s)within the Town, including analyzing the impacts of allowing
Medical Marihuana Dispensary(s) in residential zones as well as the impacts arising
from the proximity of these uses and facilities to schools, daycare centers, and parks;
evaluate and determine appropriate measures or regulations to minimize or mitigate
any potential negative impacts; evaluate consistency with the Town's Comprehensive
Plan; and adopt such regulations, local laws, amendment to zoning code, amendment
to the Comprehensive Plan an may be appropriate to address all of the above; and
WHEREAS, for the reasons set forth above, the Town Board deems it necessary
and in the public interest to immediately prohibit the establishment, location,
construction, use or operation of land or structures as a Medical Marihuana Dispensary
within the Town of Riverhead and impose a moratorium on the issuance of any zoning,
building or other licenses, permits, or other approvals to any person, entity or premises,
for establishment, location, construction or operation of a Medical Marihuana
Dispensary for a period of one (1) year so the Town may adopt appropriate regulations,
amendment(s) to the Town's Zoning Code and/or amendment to the Town's
Comprehensive Plan for such land use in a manner consistent with the goals and
policies of the Town's Comprehensive Plan and in the best interests of the public health,
safety and general welfare; and
NOW THEREFORE BE IT RESOLVED, that the Town Clerk is hereby
authorized to publish and post the attached public notice to consider imposing a one (1)
year moratorium on the zoning, building or other licenses, permits, or other approvals to
any person, entity or premises, for the establishment, location, use, construction,
operation of land or structures as a Medical Marihuana Dispensaries within the Town of
Riverhead; 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 EYes No Gabrielsen Yes ]No
Wooten 'Yes ]No Dunleavy NYes riNo
Walter XYes flNo
The Resolution Was Z Thereupon Duly Declared Adopted
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 16th day of September, 2015 at 7:15 o'clock p.m. to hear all
interested persons to consider the adoption of a Local Law entitled MORATORIUM ON
THE ESTABLISHMENT, LOCATION, CONSTRUCTION, USE, OPERATION OF LAND
OR STRUCTURES AS A MEDICAL MARIHUANA DISPENSARY AND THE
ISSUANCE OF ANY ZONING, SITE PLAN, BUILDING, LICENSING, PERMIT OR
OTHER APPROVAL TO ANY PERSON, ENTITY OR PREMISES FOR THE USE OF
LAND OR STRUCTURES AS A MEDICAL MARIHUANA DISPENSERY
as follows:
LOCAL LAW NO. OF 2015
A LOCAL LAW creating a new Chapter 113 of the Code of the Town of Riverhead
entitled: MORATORIUM ON THE ESTABLISHMENT, LOCATION,
CONSTRUCTION, USE, OPERATION OF LAND OR STRUCTURES AS A
MEDICAL MARIHUANA DISPENSARY AND THE ISSUANCE OF ANY ZONING,
SIE PLAN, BUILDING, LICENSING, PERMIT OR OTHER APPROVAL TO ANY
PERSON, ENTITY OR PREMISES FOR THE USE OF LAND OR STRUCTURES AS
A MEDICAL MARIHUANA DISPENSERY.
BE IT ENACTED by the Town Board of the Town of Riverhead as follows:
SECTION 1.
113-001. LEGISLATIVE INTENT.
In June of 2014, the New York Legislature passed legislation amending Article 33 of
the Public Health Law by adding Title 5-A titled "Medical Use of Marihuana". Title 5-A
of the Public Health Law declares it lawful to possess, acquire, use, deliver, transfer,
transport or administer medical marihuana for certified medical use by a certified
patient or designated caregiver subject to restrictions and as determined by a
practitioner and consistent with guidance regulations promulgated by the
Commissioner of Public Health. Title 5-A defines the term "medical marihuana",
"certified medical use", "certified patient" and "designated caregiver". The intent of
Public Health Law Article 33 Title 5-A is to authorize use of medical marihuana for
patients suffering from serious debilitating and life threatening conditions, including
but not limited to cancer, positive status for human immunodeficiency virus, spinal
cord injury with objective neurological indication of intractable spasticity, and
Parkinson's disease or such other diseases as may be added by the Commissioner.
In addition, Title 5-A declares that it shall be lawful for"registered organizations", be it
for-profit business entities or not-for-profit corporations, to acquire, possess,
manufacture, sell, deliver, transport, distribute, dispense marihuana certified for
medical use subject to certain registration requirements as more fully set forth in Title
5-A.
Presently, the Town Code for the Town of Riverhead does not regulate uses related
to the acquisition, possession, manufacture, sale, delivery, transport, distribution, or
dispensing of marihuana certified for medical use (hereinafter referred to as "Medical
Marihuana Dispensary(s)") nor is Medical Marihuana Dispensary a permitted or
specially permitted use in any of the zoning districts. The Town Code, particularly
Chapter 108 "Zoning" and Chapter 52 "Building Construction", which identifies zoning
districts and land uses within zoning districts; principal and specially permitted uses;
special use criteria; dimensional requirements; parking schedule; signage; site plan
procedures; and building and certificate of occupancy requirements related to land
uses identified within the zoning districts, was the subject of a comprehensive study
spanning over a four year period of time. This comprehensive study was the
culmination of a planning process that established, by the adoption of Town of
Riverhead Comprehensive Plan in November of 2003, the existing land use policy for
the Town of Riverhead together with goals and vision for the future to guide decision
making. The land use element served as the centerpiece of the comprehensive plan
and identified existing and potential uses and the wide range of planning issues,
including transportation and traffic, business element (location, scale, type)
residential, recreation, and community services (police, ambulance, fire), related to
such uses. This comprehensive study and the adopted comprehensive plan did not
study the use of land or structures as Medical Marihuana Dispensary within any of the
zoning districts, potential impacts related to siting or approving a Medical Marihuana
Dispensary, or mitigation measures that may be appropriate or necessary to locate a
"Medical Marihuana Dispensary" within the Town.
The adoption of Public Health Law Title 5-A raises novel and complex planning and
public safety issues and the Town of Riverhead requires time to study and consider
the newly adopted provisions of the Public Health Law, and all such rules and
regulations relating to Medical Marihuana Dispensaries and address such novel and
complex issues, as well as to address the potential impact of the aforesaid laws, rules,
and regulations on local zoning and to undertake a planning process to consider
amending the comprehensive plan, zoning code, and such other provisions of the
Town Code to address the use of land and structures as a Medical Marihuana
Dispensary. While the state legislation provides some insight into the planning issues
that the Town must study and address, there are other issues related to the limited
number of "registered organizations"; geographic location of other "registered
organizations"; anticipated number of patients and/or caregivers; hours of operation;
security requirements which must be researched and studied to evaluate potential
impacts on key elements of planning such as traffic and community services. In
addition, the Town must study the proximity and effects of locating or approving use
of land or structures as a Medical Marihuana Dispensary to other existing or permitted
uses, including residential, schools, daycare facilities and parks and mitigation
measures to ensure that such a use and any amendment to comprehensive plan,
zoning code or such other provision of the Town Code is consistent with sound
planning goals and objectives of the Town of Riverhead.
Finally, while the Town Board of the Town of Riverhead seeks to comply with the
provisions of the Public Health Law and such other laws, rules and regulations
adopted or implemented by the State of New York (referred to as Compassionate Care
Act or Medical Marihuana Act) and provide certified patients access to medical
marihuana, the Town seeks to adopt a temporary moratorium on the use of land and
structures in the Town for use as a Medical Marihuana Dispensary so as to allow the
Town sufficient time to engage in a planning process to address the effects and
impacts such structures and uses may have in the Town and to enact such law,
including but not limited to, amendment to the Comprehensive Plan and amendment
to zoning code, in a manner consistent with sound use planning goals and objectives;
minimizes adverse impacts, if any, and ensure the health, safety and welfare of the
residents of the Town of Riverhead, as well as certified patients, designated
caregivers, and the general public.
For purposes of this Local Law:
"Medical Marihuana Dispensary" shall mean and include any for-profit business entity
or not-for-profit corporation qualified and deemed a registered organization pursuant
to the provisions of Title 5-A of the Public Health Law or such other law, rule or
regulation promulgated by the State of New York granting legal authority to acquire,
possess, manufacture, sell, deliver, transport, distribute, dispense marihuana certified
for medical use.
For the reasons set forth above, and notwithstanding any other provision of the law to
the contrary, the Town of Riverhead hereby adopts a temporary moratorium on the
establishment, location, construction, use, operation of a Medical Marihuana
Dispensary and the issuance, approval, licensing or permitting of land or structures
for a Medical Marihuana Dispensary and related uses. During the moratorium period,
the Town shall undertake a planning process to study and address the potential
impacts of use of land or structures for a Medical Marihuana Dispensary in the Town
of Riverhead. The Town shall also consider the provisions of the Public Health Law,
regulations promulgated by the Commissioner, and such other rules or regulations
related to use of land or structures for and as a Medical Marihuana Dispensary(s) and
related uses, and shall consider adopting amendment to the Comprehensive Plan,
Zoning Code or such other provisions of the Town Code to address the impact and
operation of Medical Marihuana Dispensary(s) in the Town of Riverhead.
113-002. Statutory Authority/Supersession
This Chapter is adopted pursuant to Municipal Home Rule Law and the State
Environmental Quality Review Act and its implementing regulations. It expressly
supersedes any provisions of the Town Code of the Town of Riverhead, and §§
267,267-a, 267-b, 267-c, 274-a, 274-b and 276 of the Town Law of the State of New
York. Furthermore, in accordance with recommendation of the Planning Department
that this action be classified as Type II under the criteria of Section 617 of the State
Environmental Quality Review Act and the other provisions of the New York State
Environmental Conservation Law, the Board declares themselves lead agency and
further determines the action to be Type II pursuant to Section 617.5 (c) (30) of the
State Environmental Quality Review Act and that an Environmental Impact Statement
need not be prepared.
In particular, this Local law shall supersede and suspend those provisions of the
Town Code and New York State Law which require the Town Board, the Planning
Board, Building Department to accept, process and approve applications within certain
statutory time periods any zoning, site plan, building or other licenses, permits, or
other approvals to any person, entity or premises, for the sale or dispensing of
marihuana. In addition, this Local Law shall supersede and suspend those provisions
of the Town Code of the Town of Riverhead as well as the Town Law of the State of
New York which require the Town Board or Planning Board to accept, process and
approve site plan and special permit applications. Furthermore, this Local Law shall
supersede and suspend those provisions of the Town Code and the New York State
Town Law which grant the Zoning Board of Appeals authority to hear appeals from
applicable zoning provisions, the time frames for decision making and holding
hearings for decision making, and the exemptions set forth in 113-006.
113-003 Applicability.
The provisions of this Chapter shall apply to all any zoning, site plan, special permit,
building or other licenses, permits, or other approvals to any person, entity or
premises, for the use of land or structures as a Medical Marihuana Dispensary within
the Town of Riverhead.
113-004. Processing of Site Plans Applications, Building Permit
Applications and Special Permit Application Prohibited.
Neither the Planning Board, nor the Town Board, nor the Building Department shall
process any zoning, site plan, special permit, building or other application, license,
permit, or other approvals to any person, entity or premises, for the use of property or
structures as a Medical Marihuana Dispensary.
113-005. Time Period.
This Chapter shall apply fora period of one (1) year from the effective date hereof.
This Chapter shall expire after said one (1) year period.
113-006 Exemption Criteria and Procedure for Obtaining an Exemption
1. Applications may be exempted from the provisions of this Chapter, following a
public hearing on notice before the Town Board. Upon such application, the Town
Board shall consider:
a) The applicant's loss of beneficial or economic use of property; and
b) The hardship created by the moratorium on applicant's use or intended use of
the property; and
c) The impact of the proposed use on the property, and uses in proximity of the
applicant's property, particularly residences, churches, playgrounds, parks,
recreational facilities, and any environmentally significant property or habitats,
including but not limited to, wetlands, coastal areas, endangered plants and
animal species, and wildlife, and such other similar environmental concerns;
d) The impact, if any, of the use of the applicant's property, upon transportation
and community services; and
e) Compatibility of the proposed development with the permitted and existing uses
within the zoning district wherein the use is proposed to be located and existing
community character of the area;
f) Compatibility of the proposed development with the Comprehensive
Plan of the Town of Riverhead.
2. In making a determination concerning a proposed exemption, the Town Board may
obtain and consider written reports from the Planning Department, and such other
sources as required in the discretion of the Town Board, and consistent with the
proposes of this Chapter. A grant of an exemption to an applicant's application
hereunder shall include a determination of unreasonable hardship upon the property
owner which is unique to the property owner and a finding that the grant of an
exemption will be in harmony with, and will be consistent with the goals and policies
of the Comprehensive Plan.
3. An application under Subsection (1) shall be accompanied by a fee of $250.00,
together with the applicant's written undertaking, in a form to be approved by the Town
Attorney and, in substance, approved by the Town Board, to pay either in advance or
by reimbursement, at the Town Board's on-going election, any out-of-pocket costs
incurred relating to the hearing, review, and determination of such application.
SECTION 2.
113-007 Severability.
If any section or subsection, paragraph, clause, phrase or portion of this local law shall
be judged invalid or held unconstitutional by a court of competent jurisdiction, any
judgment made thereby shall not effect the validity of this law as a whole or any part
thereof other than the part of provision so adjudged to be invalid or unconstitutional
SECTION 3.
113-008 Effective Date.
This Local Law shall take effect upon the filing of this Local Law with the Secretary
of State pursuant to the Municipal Home Rule Law.
Dated: Riverhead, New York
September 1, 2015
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
Diane M. Wilhelm, Town Clerk