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HomeMy WebLinkAboutLL #08 2015 SOUTHOLD TOWN BOARD PUBLIC HEARING September 8, 2015 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans N Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. * * * * Town Clerk Elizabeth Neville Town Attorney Bill Duffy This hearing was opened at 7:44 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"; AND NOTICE is hereby further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 8th day of September, 2015 at 7:32 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has Amendments to Chapters 219 and 280 Public Hearing page 2 September 8, 2015 large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE The cultivation, planting, containment or harvesting of shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in water AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Amendments to Chapters 219 and 280 Public Hearing page 3 September 8, 2015 A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. ( _ Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. X280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed Amendments to Chapters 219 and 280 Public Hearing page 4 September 8, 2015 structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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 have here a letter from the Suffolk County Executive's Department of Economic Development and Planning, `pursuant to their requirements, the above referenced application has been submitted to the Suffolk County Planning commission and is considered to be a matter of local determination as there is no apparent county-wide or inter-community impact.' This has been signed by Andrew Freleng, chief planner and it does note that a decision of local determination should not be construed as either an approval or disapproval. I have a memorandum from the Planning Board chairman, Donald Wilcenski, and the Planning Board supports the adoption of this legislation with the following comments: 'The setbacks to agricultural operations from the structure to contiguous parcels as established in the section below should be reduced to 50 feet if: a. the contiguous parcel is protected b. in agricultural use and c. single family residences are not located within 200 feet.' I have a memo here from the LWRP coordinator and it says 'the proposed action as proposed is a type II action and therefore not subject to SEQRA review.' I have a signed affidavit that this public hearing announcement has been printed and placed on the Town Clerk's bulletin board and put on the website. I have a signed affidavit that the announcement of this hearing was published in the Suffolk Times and I believe that is it. I am sorry, I do have a memorandum here from Chris Baiz, chairman of the Agricultural Advisory Committee, they support the adoption of this legislation with the following comments: '1. The setbacks for agricultural structures should coincide with that for residential structures. 2. 280-13 use regulations, In the A-C district, should also state or on land located within a county adopted State certified agricultural district. 3. In 280-13-A (7) e: In addition to site plan review, should state if located within a county adopted, state certified agricultural district, site plan review should be expedited.' That is it. And we also have here a letter that was received and added to the file from John and Margaret Skabry. Dear Supervisor Russell, We are opposed to the proposed changes permitting land based aquaculture operations in the AC district. Aquaculture should only be permitted as presently in the Marine I and II districts. Presently, 280-52 B 2, IN the Marine I district a special exception by the Board of Appeals must be granted for aquaculture operations. Fish markets and fish processing are not a permitted use. 280-55 B 4, In the Marine II district a special exception by the Board of Appeals must be granted for fish processing plants, fish markets, wholesale and retail sale of finfish and shellfish. 280-13 A 2 b, Permitted uses, the keeping, breeding, raising and training of horses, domestic animals and fowl require 10 acres or more. 280-13 A 4 b, Wineries require at least 10 acres owned by the winery owner. The proposed changes require only 7 acres and no mention of land ownership for aquaculture. The Amendments to Chapters 219 and 280 Public Hearing page 5 September 8, 2015 proposed changes have no mention of a special exception by the Board of Appeals for aquaculture. We question the wisdom of permitting fish factories, fish processing plants and fish markets throughout town. This tilapia, striped bass, canneries etc. We urge you to prevent the paving over of our farmland, the Town Board should do everything to encourage row crops. We have voted in favor of farmland preservation legislation and taxation in order to preserve the open spaces and vistas welcoming tourists so vital to our economy. We hope that you will reconsider the proposed aquaculture zoning legislation and support our current zoning laws mentioned above. Sincerely, John and Margaret Skabry. SUPERVISOR RUSSELL: Okay, I am just going to ask everybody that would like to comment tonight to please keep comments brief. We certainly want to hear from everyone but we are asking you to keep your comments to a couple of minutes or we might have to cut you off and I am going to remind you before you announce yourself that you are actually testifying so we are going to honor the same. Just to a few minutes, okay? TESS GORDON: Hello. My name is Tess Gordon and I am here with my husband Todd. We are Southold's own Celestial Shrimp. We are here to support the pending law on land based aquaculture, when we first started our venture, we were unaware that land based aquaculture was not included as an acceptable use in agricultural use in our town code. And had we known, much of the misinformation that had been stated could have been avoided. But thank you all for letting us have the time to make this presentation tonight. We are here to provide a little information about the changes of agriculture in our area with an emphasis on aquaculture. I hope you take from this a little better understanding of the subject. Agriculture in Southold is ever changing. First we had cranberries, potatoes and corn and now we have other items such as snails, mushrooms, wine and shrimp. Ever since Southold was settled in 1640, the face of the land has been changing. In 1897, there were 150 farming families in Mattituck alone. Asparagus, cauliflower and cucumbers were the staple crops of the area. And in the early 1900's potatoes, peas, lima beans and Brussel sprouts were popular. By 1916, Mattituck Creek oysters became all the rage. And in 1928, Suffolk County was the nation's third largest producer of cranberries. When was the last time we saw cranberries grown locally? Some of our current day crops include blueberries, oysters, scallops, wine and now even other exotic items such as the buffalo, microgreens and snails just to name a few. Aquaculture is just the next logical step. Farming practices in Southold also changed. We started out with the good old horse and plow, to actually transporting oysters on ice and we evolved to a seated plow and a natural early mechanical tractor by the early 1900's. Fish farming is not new to Long Island. Cold Spring Harbor fish hatchery has been raising trout for over 100 years. As Southold's own Celestial Shrimp, we offer a sustainable, clean and live product. Never frozen. Our water is used over and over and improves with age because it is a living biology. We do not use antibiotics or chemicals to grow our products and to harvest the shrimp, they are netted, rinsed and placed in a bag to be brought to local restaurants. We are wholesale facility. The future of farming our land, as there is an ever increasing demand on our environment, people have needed to change their ways. Over time, we have adopted new ways to produce higher crop yield. We have been using greenhouses for decades and now with different methods, indoor climate controlled greenhouses are helping us obtain even better results. Here are a few photos from the Walt Disney's Epcot. They have been doing this for years, many, many years. Please note that they are growing corn in sand instead of soil. And even here, you see racks of microgreens. They are Amendments to Chapters 219 and 280 Public Hearing page 6 September 8, 2015 growing 11,000 microgreens in the area in which only a few hundred would grow if they were doing it in the ground. Here we have our own (inaudible) press in Cutchogue growing microgreens indoors. And now we are actually seeing Disney growing without any sand or soil. This is called hydroponics. It is where they actually use a nutrient rich solution and it's put over the roots of plants which actually fertilize and feed the plants. This is called hydroponics. Here we have Mr. Gabrielsen of Gabrielsen farms in Riverhead actually growing hydroponic foods. He has been known to state that the wonderful thing about growing in a greenhouse is that everything is controlled. The water, the temperatures, the seasons and the bugs. Aquaponics has been used for many years as well. aquaponics is the merger of growing plants and fish together in a symbiotic relationship. The water is filtered by the plants which flows back into the fish tank where the fish excrete waste, then in turn feeds the plants in a continuous cycle. The food grown in Disney is served in their own restaurants throughout Epcot. Modern day fish farms probably look different from what you may think. Here is an example of a typical layout of an aquaculture farm. The graduated sized tanks are for the different stages of growth. Here is the tank that resembles the actual wine fermentation tank. And these are small, used for juvenile shrimp. There's no hormones, no antibiotics, just shrimp. Here are some other views of different facilities. Here are some of our own shrimp, a few of Bob's cousins. These are 52 grams each and 7 V2 inches long. Here is an Australian prawn. Around the world, many other countries have been farming shrimp for years, outside in large ponds. And now these same countries are switching to indoor climate controlled facilities for the same reason we would like to set up our farm. It is a far better product without any environmental degradation, the one thing about all of these facilities is that they are very, very clean. Now I will address some of the issues that have been brought up in the past about aquaculture and our proposed facility in specific. The pacific white shrimp is the shrimp we will be growing and this shrimp requires a special environment. The environment includes a barn with R 30 insulation in order to maintain a constant water temperature, 86 degrees Fahrenheit. This insulation also acts as a sound barrier, the water must be 42 inches deep and oxygenated without any sunlight in order for the shrimp to thrive. SUPERVISOR RUSSELL: I hate to interrupt but really the hearing is for evaluating the use, which is land based aquaculture in the zones it is being proposed, not necessarily the specifics. I will let you continue but I am going to ask you to please wrap up as quickly as you can, okay? MS. GORDON: Okay. The tank needs to be 42 inches deep and here is an example of one. The traffic of Southold, the farm will consist of one to two deliveries of feed per month and each delivery will have one to two pallets of feed. And of course, there's going to be employee vehicles as well as postal vehicles. Because we are a wholesale operation, it is going to be limited. The processing that people had complained about will not be happening. We sell our product alive and whole. Since there won't be any removing of the heads or peeling of the shrimp bodies, there won't be any decaying matter for flies to be attracted to. The odors, we used filtered Atlantic salt water and it smells like the beach. The visibility will completely depend on the parcel that we purchase. Our business will open up jobs to the community as well as educate the public about on-land aquaculture. Schools and colleges will be able to take part in what we have to offer. The reason for indoor aquaculture is sustainable farming. Every farmer hopes to achieve sustainable farming. And currently, just about all the shrimp that's imported into the United States is frozen. RDM shrimp farms, we are modeling out business after Carlena Amendments to Chapters 219 and 280 Public Hearing page 7 September 8, 2015 and Darryl Browns farm in Fowler, Indiana. They are the current United States leader of indoor shrimp farming industry and are currently consulting with facilities in Vietnam and Switzerland. As you can see, they have a traditional cow barn and to the right they have some clear span type buildings. This is the type of building that we would like to put up. It is a clear span building. There are many local restaurants who are excited to bring our product, Erik's right up the road can't wait to serve up our shrimp. Thank you again for listening to our presentation and we hope that you feel more comfortable with the changes that are happening in farming communities all over the world, not just Southold. Ladies and gentlemen of the Board, we hope that this gives to you an understanding of what aquaculture is about. We look forward to your support in passing this law and please don't hesitate to contact us with any questions that you may have. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board on this particular local law? KAREN RIVARA: Good evening, my name is Karen Rivara and I am owner of (inaudible) cultured oyster company, I have been practicing technically mariculture but also called aquaculture for over 30 years on Long Island. I do have some concerns about the proposed town code, I feel it treats land based aquaculture differently from other aquaculture disciplines in the town, aquaculture, including mariculture is considered agriculture under federal, state, county and local law. The code restricts land based aquaculture more than other types of aquaculture by relegating it to only 3 zones, at least if I understand this correctly. AC, LI and LIO. By imposing more restrictive setbacks than other farm structures in the AC district is another concern. Were this code as written in effect in 1996, my shellfish farm on the old Plock property would not exist. My farm utilizes land based structures on land in what is now zoned R-40, my farm is also in the agricultural district. I produce 20 million shellfish annually, provide jobs and an environmental benefit to our region. Modern shellfish farms are vital to our existence of a sustainable shellfish farming industry. I sincerely believe that it is the intent of the town to promote not limit innovative agricultural practices that this town will hopefully see in the future. Ag innovation will enable us to remain rural and attract young people to our area for the exciting and well-paying jobs they will provide. Limiting the zones in which certain agricultural disciplines can occur pigeon holes and restricts them, it segregates them from other agriculture practices and limits the prospects for new agricultural practices in the future. It is unfortunate that Celestial Shrimp farms was met with such fear and misinformation by potential neighbors. As aquaculture is agriculture, its land based operation should not be limited to the marine district. I feel the town code changes to accommodate this is the town's intent. We just need to tweak this code language to achieve that goal. Respectfully, Karen Rivara. SUPERVISOR RUSSELL: Thank you. who else would like to address the Town Board on this particular local law? GEORGE ALDCROFT: Good evening, George Aldcroft. I have been here many times and I think the point all along has been, I am not against aquaculture, I think we need to keep agriculture here. The question that some people really had and what started it is, all of a sudden some people right next to their house and you see the size of some of these buildings in the pictures and how big it can be, how many tanks, how many things and the main concern a lot of people had was the noise. Obviously if its inside as this lady presented here, we have a whole Amendments to Chapters 219 and 280 Public Hearing page 8 September 8, 2015 different environment which this building would be in but I don't know if you can say and guarantee that this is the way it will be when other people come out here. And when other people want to do it, you go to East Hampton and they have open tanks and if understand the right to farm act correctly and if I hear some of the people in the farming, they want to follow the right to farm act where they really have the ability to pretty well set it up on their farm the way they would like to. And they do have a right to but then the only way we can protect maybe some people either from the noise or from the tanks, if you can say you've got little kids in the neighborhood, are we going to mandate at least a fence around them? You have to have one with a pool, so people have these big, large tanks out there in a neighborhood where it is possible to have a seven acre piece of agriculture property in the middle of a residential area. And if that person has the right to do that, they can go ahead and do it. so my question then becomes is, how well can we put some regulations in to make sure that if for example the person goes to the Ag and Markets and says I do not want to have it covered, do we have some way of saying, well, there had better be fencing because the two things that we can protect maybe at least, we would have to show one safety and the second is health. The only way that we can ever regulate anything is maybe how far it is away from people's property that in other words, noise, since we can't control noise on an agriculture property and the open tanks. If everything is set up the way you are doing it, I love it and I think we need aquaculture, I am not against... SUPERVISOR RUSSELL: Just address the Board, please, George. MR. ALDCROFT: Okay, thank you. SUPERVISOR RUSSELL: Let me just point out one thing, the Ag and Markets right to farm law, that's still here now. If we made no code change, they have every right to go to the state tomorrow and say, I don't want to live under their restrictions, they banned me from doing , business and I have the right to, I have the apparent right under the right to farm law. So you know, the town has had success in the past creating code with reasonable restrictions and what this board has done is we've included those restrictions to mitigate impacts that people are concerned about and I realize there are a lot of people here that are concerned about one specific parcel in Peconic but if you read the code that is proposed, it all but eliminates the parcel because it is simply not wide enough to comply with the 200 foot setbacks from both sides. At its widest it's about 470 up front but then you have to set it back 100 from the road and the parcel narrows like a wedge, so, I am just saying, we have tried to mitigate all the other concerns with the enclosure, with the 200 foot setbacks, with the lot size requirements of 7 acres and I think the State in the past has more or less recognized reasonable restriction and the right to site plan. I am sorry, John. Go ahead. JOHN SKABRY: I am John Skabry, from Peconic. And I guess I would like to start by saying you cannot build a reputation on promises. I want to read to you the news release, Associated Press, Albany Indiana, copyright 2014. Neighbors of an eastern Indiana fish farm say they will oppose the start of its proposed $30 million expansion after negotiations over odor and other complaints broke down. The planned expansion by Bell Aquaculture would more than double its current production of about 3 million pounds of perch, trout and salmon a year at its facility near the Delaware county town of Albany. Neighbor Tony Evans said the operation produces an odor similar to a rotten fish bowl. Neighbors also say water discharge by the farm causes drainage Amendments to Chapters 219 and 280 Public Hearing page 9 September 8, 2015 problems and flooding. The County Zoning Board is scheduled on March 27 to consider Bell's proposal to build a feed mill for the expansion about 10 miles northeast of Munsey. The Star Press reported. The company had offered steps including the installation of pollution control equipment, planting 45 trees to create a visual barrier and buying more equipment to reduce odors from fish. The two sides had met privately in recent weeks to work on a possible agreement but the 11 neighbors rejected a settlement proposal submitted by Bell's attorney. We appreciate that but we still don't want an industrial feed mill adjacent to our properties Evans said, these feed mills smell. Company president Norman McGowan said Bell had tried to address the concerns of neighbors, McGowan said the feed mill is the first step in launching Bells expansion. We provide a healthy, sustainable option to our growing food process he said. I think we heard comments like that just a little while ago. Tax payers had invested millions of dollars to preserve our farmland, vistas and open spaces. Now greedy entrepreneurs are seeking the favored industry advantage of farming to practice other businesses on our farmland. These fish factories will take advantage of the reduced property taxes enjoyed by our legitimate farmers at our expense. Think buildings with huge tanks, salt water fish, tilapia, shrimp etc. Is this preserving the rural character of Southold by saving open space and farmland? For good reasons, our existing codes presently restricts aquaculture to the M II marine districts, a special exemption by the Board of Appeals if required for fish processing and fish markets in the M-II, considerations include smell, salinization and fecal contamination of our aquifer. Garbage and flies, pump noise, refrigeration, trucks day and night, pumps and filters, tasting rooms, outdoor lighting, parking, fish freezing and processing, canneries and smoking. How will the town monitor, enforce and respond to complaints from homeowners adjacent to these fish factories? Think Route 48 vineyard and Satur Farms in Cutchogue and the New York State right to farm law. Think of Southold, our homes and their proximity to AC district land. I am sure that there are operations that are odor free but are you going to be able to tell a farmer how he farms? Are you going to be able to tell him you have to use this process and only this process? You can only tell him that in this code that you want to pass that it's going to be inside. Inside means nothing to me, absolutely nothing. SUPERVISOR RUSSELL: What we can tell him is he is not allowed to process or package or plant which is what we have said in the past. It is not a fish plant, it's not a fish processing facility, processing and packaging is prohibited in all zones including what's proposed today. MR. SKABRY: Do I have to reread that article from the Albany Times? If they were not doing any processing here, they were just raising fish and Indiana has no, Albany Indiana has no salt water. So, I mean, they were not processing fish and still it smelled. What I am saying is, that same fella can come here from Indiana and set up that process right here and there is nothing we can do about it once we pass this law. There is, you tell me how would you stop it? If this law is written and this fella from Indiana comes here and says I am going to put my setup on 7 acres of land, how can you stop them? He doesn't have to use the system which was brought up earlier and by the way, the people that had this presentation don't have to stay with that same system if it doesn't work. An example would be this, from the day this, fish farmers sink in perilous waters of Maryland agriculture, it is a story about a family operation and how they invested money and were given government money and information to help them with the process and it failed. It is in Maryland. I did not tell them that it works, said Bradley H. Powers, an assistant secretary of the Maryland Department of Agriculture. It quotes, we tell everybody this is the Amendments to Chapters 219 and 280 Public Hearing page 10 September 8, 2015 riskiest business in agriculture today. And it goes on because these fish farmers are suing Maryland because Maryland gave them bum information. There are reasons that the people that wrote our zoning code put aquaculture, made them, only put aquaculture, the processing, anyway, I am not going to go into that. You saw a proposed building that was going to go up. The Gordon's proposed building, on Peconic property, which is in the back of my home, would be 54 foot by 270 foot. That's what they proposed, right here in Town Hall. That's 14,580 square foot. Your law says that they can have 10 percent retail space, that's 1,458 square foot of retail area permitted. The Gordon's also said to the Southold Local, Laurel couple proposes first ever shrimp farm for Peconic, this is in November 5th of last year, a total of five buildings would be allowed on that parcel as of right. Five buildings on the Peconic property are permitted as of right, Tess Gordon, five is 14,580 square feet, 7,290 feet total retain space permitted. I believe this is more than the retail space of Braun's and Southold Fish Market combined. I believe that we have a, it is close to being the maximum size of retail space in Southold Town. I just remember that we wanted to prevent box stores and I think something, maybe you would know more about it, Scott, that I think it could be 10,000 square foot and that's it? Limitation on retail? SUPERVISOR RUSSELL: Yes, when it requires, actually, it doesn't limit the size it just requires an economic impact analysis if it goes beyond a certain size. MR. SKABRY: So they came up with 10,000 square foot. SUPERVISOR RUSSELL: I actually think it was less than that, it was 8,000. MR. SKABRY: And this is, we are talking 7,290 square foot. Marine based aquaculture will harvest from the bay, as it presently does, and they probably will retail at the AC inland aquaculture site, the right to farm law protects the farmer on the size of his operation. We couldn't put a limitation on 50 acres if they wanted to put a 50 acre inland aquaculture plant in. Would that be a right to farm law? Would they protect them? SUPERVISOR RUSSELL: You would have to speak to the State of New York. MR. SKABRY: Well, what's your opinion? SUPERVISOR RUSSELL: I think... MR. SKABRY: Can I ask our attorney? Is that possible? Or for you to ask him? If somebody wanted to put up a 50 acre fish farm and this law was passed the way it is... SUPERVISOR RUSSELL: I think our law is defendable. And I don't think New York State would ever impose that will on us. But I can't be certain. It's an opinion of counsel, I can't say for certain what the State is going to determine down the road. But it's the same risk we have now, in other words, as I have mentioned time and time again, you have the right to go to New York State at any time and ask for an opinion. Whether it is permitted in the code or not. MR. SKABRY: Okay. Thank you. So there's no answer to that, basically. Amendments to Chapters 219 and 280 Public Hearing page 11 September 8, 2015 SUPERVISOR RUSSELL: It's speculation. MR. SKABRY: Okay. I am speculating then, the way I see it going. SUPERVISOR RUSSELL: But I don't want to, so I appreciate that. MR. SKABRY: Thank you. My neighbors on the Town Board, Marge and I want to stay right here in Peconic, we can't go back, change is inevitable. The Gordon's aquaculture operation was proposed by, for the acreage behind my home. Immediately to the rear of our half acre home of 44 years which is zoned R-80 now. Too many residential properties border on AC land and my neighbors on the west side of Henry's Lane back up on AC land. The land that I back up on is R-80. Supervisor Russell claims that aquaculture is a bona fide agriculture business, protected by New York Agriculture and Markets laws as (inaudible) by his excellency, the appointed commissioner of Agriculture and Markets and must be permitted in Southold. This operation belongs in an industrial zone. Our water, Temik. I hope we all can remember that we used Temik to kill the potato bugs, shell backs and it got into our water system. I don't trust the county and I don't trust the state. I trust the people that live in the town and I see in the market every day. The direction of our aquifer I was told and we all know, we have been told goes from the north to the south. That's the way the water moves. Every geologist will tell you that. Perhaps somebody in geology can explain why everybody or most people on Henry's Lane got Temik filters. There were no potato fields north of us, there were no potato fields to the east or the west. I don't believe they know which direction water is going. But I will tell you something, the water is not going to go, if it was put where it was first proposed, they would be polluting the people further down. Municipal well, how much they know about water. I complain, when the municipal well went in on the corner of Rt. 48 and Mill Lane, they put a humongous pump in there that Greenport Water Company, to pump fresh water to the people that needed it in town. Understandable. And I asked about it, they said it will have no effect on your well, your, maybe I am 600-800 feet from it. well, will tell you what, what the geologist know, all six homes on my street that had shallow well pumps wound up getting $4,000 deep well pumps within a year of that pump starting up. We want you to protect us through our existing zoning laws, there are good reasons why duck and pig farms are not permitted in Southold. Show of hands, how many on the Board have visited a land based aquaculture site, besides the waterfront one in Amagansett on Gardiners's Bay? Okay? Was it an industrial site? COUNCILMAN GHOSIO: I have seen several around the country as I have traveled, I make a point of visiting those types of, my degree was in zoology, so I find it interesting. MR. SKABRY: Okay. The ones that I look up are all in industrial parks in industrial zoned property and they all have municipal sewage systems. I shouldn't say that, at least the nearest one to us, the major one is up in Worcester, Massachusetts, Sky 9 and that has a municipal sewage system. I think as previous people had said, this went about the wrong way, I don't know how it happened but I have some idea. Some time prior to October 31 of 2014, Supervisor Russell or Planning Director Lanza met with the Gordon's. On October 31, the Planning Director at the work session, Heather Lanza with Tess Gordon had a presentation at a scheduled Town Board work session. The Supervisor was in attendance, I would like to know who sets the agenda at the work session? How did that come about? Did you meet with the Gordons? Amendments to Chapters 219 and 280 Public Hearing page 12 September 8, 2015 SUPERVISOR RUSSELL: First of all, the request came from the Gordon's who met with me. The first thing I did, what I do in every single instance, is refer it to the Planning Board and the Chief Building Inspector for what we call a pre-submission conference. In other words, this is what we would like to do, where can we do it? the first parcel was actually an industrial piece of property which I believe was found you couldn't do it there. they then came back to the Town Board and said we are looking for a home for this site, so we referred it to Planning who then brought it back to us and we scheduled the Gordon's at that work session. MR. SKABRY: They went to the Town Board or just to you? SUPERVISOR RUSSELL: They probably came to me and asked to be scheduled for work session. MR. SKABRY: They didn't see anybody on the Town Board because nobody on the Town Board knew about this until it was on the work session. As a matter of fact, Councilman Doherty had to ask if you have a location. SUPERVISOR RUSSELL: They didn't come to me regarding your location, they came.... MR. SKABRY: Well you just said they had an industrial location at first. SUPERVISOR RUSSELL: When they first came to me and that's when I sent them back to the Planning Department and the Building Inspector for pre-submission conference. But I want to point out that I had mentioned at a work session prior to them coming here, I mentioned to the entire Town Board that there's a couple that's looking to create a land-based aquaculture operation, is it alright if I send it to the Planning Board for a comment? And that's what I did. So if they don't remember, I can't help them but I am quite certain that's what took place. But then they came back to the Town Board. That's the, I have been down this road 100 times. That's the essence of transparency. To bring them here, have them tell us exactly what they want to do and then we send it out for referral. That's how the process should be working. MR. SKABRY: Well, you didn't say that. Because later on you said it was inappropriate, that Councilman Doherty asked the location of it. SUPERVISOR RUSSELL: Yes. MR. SKABRY: That's not transparency, that was a public meeting. You should have told everyone at the meeting, why should the Councilman have to ask.... SUPERVISOR RUSSELL: I never knew, they never referenced the Henry's Lane parcel to me. I had no idea. What is inappropriate is to look at a use based on the specific parcel. You need to look at the use and whether it is appropriate in the zone or not. It's not appropriate to say we like it if you put it here, we don't like it if you put it there unless the here or there is consistent with the zoning. You can't look at specific properties and say well, it might work there because the neighbors won't get mad or it won't work there because, that's not how zoning works. You need to look at the use and whether it's appropriate for the zoning you are looking to put the use in or Amendments to Chapters 219 and 280 Public Hearing page 13 September 8, 2015 whether it shouldn't be put in at all. That's how zoning works. Not by you know, a real estate map. COUNCILWOMAN DOHERTY: Can we get back to the topic of the public hearing, not how we got here. SUPERVISOR RUSSELL: Inaudible. MR. SKABRY: I want to just, we spent money and lot of educated time on the Southold 2020. The new comprehensive plan for Town of Southold and this is the agriculture chapter, which you can find nothing about land based aquaculture. It does talk about keeping the bays and our waterways clean and so forth. So agriculture had no idea what was coming and didn't want to spend any time on it. you had said to me at another meeting that there was a conclusion of it, Supervisor Russell,just so you know I know you have concerns about when things start rolling downhill, you are worried about the momentum. Just so you know, you are looking at a Board that took 14 months to pass the dog leash law. Nothing goes quickly around here. We are being very thoughtful and thorough and listening to everything you have to say. Then Mr. Skabry said thank you. Well, that was from, that's seven months. It took 14 months to make a leash law and you have this before the Town Board to pass a, something that is going to drastically change the town in seven months, you got all the answers? Seven months? You don't even have one answer. SUPERVISOR RUSSELL: Seven months is a long time.... MR. SKABRY: I have the floor. You said I could speak. SUPERVISOR RUSSELL: Sure. You are right. MR. SKABRY: (Inaudible) shrimp farm in Stoughton Mass, industrial park, industrial zone. Blue Ridge aquaculture, Martinville, Virginia. Industrial park, industrial zone. Dairyland shrimp in Westbee, Wisconsin, industrial park, industrial zone. All the aquaculture, Amagansett, NY industrial zone. Big Barn shrimp farm, Flora, Indiana, industrial park, industrial zone. I don't have any further things to say. belongs in an industrial zone. SUPERVISOR RUSSELL: Is it alright if I just comment on a couple of things? First, Amagansett in East Hampton, land based aquaculture is permitted in residential zones as well, not just industrial zones. Secondly, if your concern is for groundwater, how would that be mitigated by moving it to the industrial zone? The water table is under both, the AC and the industrial zones. So if the concern is groundwater, flowing from the north to the south, how would you mitigate that by locating in the.... MR. SKABRY: I didn't say that you would mitigate the water, the purity of the water by moving it to industrial but you would mitigate the problem from having neighbors having the smell and all the things. I don't know if you remember what I read to you, that all of the things that occur at a fish processing plant, you would eliminate all of the problems that are in Indiana Amendments to Chapters 219 and 280 Public Hearing page 14 September 8, 2015 where they located it near those homes. So don't put words in my mouth. I didn't say anything about moving it to industrial would help the water situation, it won't. SUPERVISOR RUSSELL: Okay. MR. SKABRY: But I did say a sewage system would. SUPERVISOR RUSSELL: Okay. We don't have sewage systems in the industrial zones, so that would be the same challenge. MR. SKABRY: Okay, then it belongs in the marine zone, where it is now. SUPERVISOR RUSSELL: They don't have sewers in the marine zone either, so that would present a challenge. However, let me just point out that I don't know how long the leash law, I was being sarcastic, I think it only took a couple of months to pass the leash law but lord knows, sitting here that one night it seemed like a 14 month hearing. But I do have to say that seven months is hardly a you know, a fast track. Seven months is a long time. We have listened to you. We started with legislation that wasn't at all restrictive. We created 200 foot setbacks, 100 foot from roads. We have increased lot size to require seven acres. All of that is part of the process. All of that is listening to you at the, when we had the code committee meeting. I put you at the table, we listened to everything you had to say and we have tried to include that in the legislation that we are proposing, to mitigate all of those impacts that have been raised. We have tried, we really have. And seven months is not a fast track, seven months is a long time to amend the code when you are just simply adding uses. MR. SKABRY: Thank you. SUPERVISOR RUSSELL: Sure. Benja, please. BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Are we still watching that thing over there or shut that off? Seems a little inappropriate that we are focusing on... SUPERVISOR RUSSELL: Good point. MR. SCHWARTZ: Southold's own Celestial Shrimp. I didn't know you were going to be a partner in this endeavor here but it almost seems like you are, the Town Board. Before I start going through my notes, there was something that you just said to John that he said processing and packaging would be prohibited under this law. SUPERVISOR RUSSELL: Processing and the packaging in the cans, it's not allowed. Packaging is permitted as part of ag use, you are not allowed to process it and then package it. MR. SCHWARTZ: Is that in this law? Amendments to Chapters 219 and 280 Public Hearing page 15 September 8, 2015 SUPERVISOR RUSSELL: What's that? I am going to refer to Bill on that. Processing is not permitted. It's not mentioned in the code, therefore it is not permitted. Processing isn't permitted in AC zones. MR. SCHWARTZ: Well, here is says that they can have a tasting facility, you know, a retail facility. So, it doesn't say they have to sell the shrimp live... SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: There are a lot of questions here and I don't have all the answers but I think some of these questions should be considered. First of all, a comment on the purpose of the law, aquaculture is the fastest growing culture in the world, over 50% of the seafood being produced through aquaculture. Well, there is some truth to that but there is also some truth that a lot of that aquaculture, first of all, the reason that the aquaculture is becoming more popular is because of the demise of the wild caught seafood. And that's my first personal comment on this, that we don't have a local lobster industry anymore. Do you know, on the Board, do you know, which the shrimp this law talks about aquaculture of finfish, shellfish, mollusks, crustaceans and seaweed. So which one are we talking about here with the shrimp? SUPERVISOR RUSSELL: I think its finfish. UNIDENTIFIED: Shellfish. MR. SCHWARTZ: I think the audience knows. Crustaceans, which include also crabs and lobsters but this law is, the point is this law is a very broad law and authorizes a whole lot more than just shrimp farming. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: The statement in the preamble here, the Town of Southold has large area suitable for the development of land based aquaculture. I think that's what we are trying to figure out here. The purpose and law is to provide orderly development. I don't see that this law does much to provide orderly development, requiring site plan approval by the Planning Board, without very many standards. I am sorry I am going a little bit out of order but I didn't really have time to, this proposed new use permitting on agriculture land in the Town of Southold agricultural zoning, that includes permitting this use on land on which the development rights were purchased by the taxpayers to prevent development on that land but it doesn't seem like this is taking that into consideration in any way, shape or form. I don't know if that subject has come up in your deliberations but I would like to see a study, a report about maybe from the Land Preservation Department as to what their opinion of this and how that would, whether it would be appropriate or not considering the purposes which taxpayers financed the purchase of development rights. The people here with the shrimp farm seem to be representative of a new form of aquacultural industry, being a reaction to forms of aquaculture which are toxic. I found something from this organization, a part of the alliance for global aquaculture, and they have a certification process under which they consider four classes of issues, whether the food is safe to eat, whether the shrimp are okay, the health and welfare of the animals that are being cultivated, Amendments to Chapters 219 and 280 Public Hearing page 16 September 8, 2015 the impacts on the natural environment and also the social welfare and it may be true that the current application is one of the new breed that is healthy industry and that we want to have here in Southold. I don't know that it's not but the current law here appears to be opening the door without any qualifications. So what kind of qualifications might you impose? Perhaps the discussion regarding the size of the operation, correlation to that I agree with that, I think the size should be limited, at least until we see some smaller operations working and we can imagine what can, you know, judge what a large operation would be. But in addition to the gross size, the intensity. The, not just the density, how many shrimp are growing per water volume and surface area but also the intensity being the, how much inputs some of these systems are designed to be fairly self-sustaining and not to have a lot of inputs or outputs. Others require constant inputs of food and th ere are outputs of excrement and pollution etc. I think the use of water, the use of fresh water, and disposal of used water, I don't know if that can be put into the zoning law but I think it would be worth trying. Also the use of drugs. I mean, for example, if we were going to legalize, if farming, agriculture was illegal and we were passing a law to legalize farming, we might consider legalizing only organic farming. Because in the past, some of the farming and maybe in the present there's been some very negative impacts from agriculture and I think that any kind of restriction like that on aquaculture would be immune to any challenge by New York State. If we were protecting our local environment and community. I don't think we have to worry about New York State coming in and overruling us. so, alright, if I may take a quick look here, so interestingly, last year New York Times did an article about how the shrimp are very popular to eat and not enough wild shrimp. The wild shrimp, there's less and less of it. So people are eating shrimp but a lot of it is causing a lot of problems all over the world including in the United States but they put the same outfit that these people mentioned in Indiana as the example of one of the new types of, so you know, if they know so, maybe we should contact this rdm. I really wish the Town Board would just cancel this proposal and try to rework this in a way that would not only enable positive development of new industry in the Town of Southold but prevent negative development of negative industries. Does anyone have any questions? As I say, I don't have you know, a lot of answers for you at this point but if you give us time to come up with answers rather than just present the proposal that in many ways seems attractive but in many other ways seems very dangerous. Thank you. SUPERVISOR RUSSELL: Thank you, Benja. Who else would like to address the Town Board? Bill? BILL TOEDTER: Bill Toedeter, North Fork Environmental Council. I will try to be brief and keep it in the more general tone rather than anything specific. Been here 55 years, change is inevitable and you have a tough job dealing with that. I mean, who would have thought you would have a plethora of corn mazes, we would have greenhouses, we have vineyards. All of those 40, 50 years ago were (inaudible). As I said, change is inevitable and I think that what's happened in many cases is we haven't taken enough time to think through everything. To think through all of the issues, plus and minus and to safeguard our communities, safeguard the environment, and make sure we have those in place before other issues get in front of us and that's one of the things I would ask the Town Board to do is take the time to think about this. And I think you have, some of the issues in the building that I see, should be self-contained. But why? Many places throughout the world found'themselves in the unfortunate situation, whether it's a flood, fire, earthquake, a loss of power, any other situation in aquaculture environment of a Amendments to Chapters 219 and 280 Public Hearing page 17 September 8, 2015 release of non-native species into the environment, into streams, into the green system. In England right now their native crawfish are almost wiped out of all the natural streams because of the crawfish operation that unknowingly released crawfish and larvae into a natural stream. We need to safeguard against that. I am not picking on this particular presentation but when I see pacific white shrimp, an alarm bell goes off It is not native to the area and so when you look at self-contained buildings, I would love the town to go further to make sure that self- containment means that in the event of an emergency, in the event of a broken pump, broken vat, a flooding incident, that the water and the animals are self-contained within that building and not released into the native environment. I think that's one thing that I am fearful of the other thing and I think some people spoke to this is we do have water quality issues here and these operations do use a great deal of water and one of the arguments that I have been making for the last two years is we have both the water quantity and quality issue and we need to make sure that we are balancing these properly, we need to make sure that in the code someplace and in this specific area may not be the place to do it but again, I want you to think ahead to make sure that the discharge of waters, because in this operation it doesn't seem to be an issue but in other farm raised fish operations, it is. From cleaning tanks to replacing pipes and pumps, to doing other operations that we need to look at where that discharge is going, how much discharge is going into the environment? Whether it be in our traditional septic system or hopefully in something a little more high tech as that comes along but I think that's something that the town needs to get in front of before we allow this to get out of hand. I think the other thing, too, in many fish operations, the use of antibiotics is great. Not in the one presented today but in many of them it is a present danger because when you are bringing in masses of fish together in a confined area, once you have disease, it spreads amongst all the fish rather quickly and there is a chance of die off, so that is why antibiotics are used in farm fish areas. Again, we are sitting here as a town, as a county, as an area trying to limit the amount of prescription drugs that are being flushed down our septic systems because they are getting into our groundwater, they are getting into our marine environments and they are changing the habitat. So again, something to look at, something to think about as you are going forward to make sure this doesn't get ahead of us and we don't have to do things retroactively because to fix them costs a lot more than to prevent them. Lastly and I am sorry Karen left here because what I would love her and Long Island Farm Bureau is to work with the towns to make up possibly some guidelines around some of the parameters that we are talking about today but also things around such as possible reuse of waste generated by these systems. By reuse of possibly wastewater, if that is safe. By use of (inaudible) and fertilizer, whatever else is a safe reuse of this so we are not looking at adding pressure upon pressure onto the environment. So I think those are the main points that I really wanted to touch on, the last one I think is of concern to me is the size of operations because I believe that it is part of the town preservation code that preserving farmland, part of it is to preserve the fertile ground for farming and agricultural use and if I see a plot of land that is being used for aquaculture that has a large footprint and it is not necessarily protecting the fertile nature of that agricultural nature of that land which is in diminishing supply. I would have a concern with that, so again, as you look at the operations, as you look at the size of these potentially looking down the road and safeguard those, I think that would be a wise thing to do so you could get in front of this before it gets too late. SUPERVISOR RUSSELL: Thanks, Bill. I just, one thing I want to clarify for everybody is everybody keeps using mariculture and land based aquaculture as interchangeable terms, they are Amendments to Chapters 219 and 280 Public Hearing page 18 September 8, 2015 not. First of all, it's not even clear to the town that this would be considered mariculture which it may or may not be permitted in the marine zones. Mariculture by definition doesn't necessarily include what they want to do and people need to recognize that there are separate segments to aquaculture as a general term, land based being one of them, mariculture being one of them. They are not necessarily the same. GEORGE ALDCROFT: George Aldcroft again and I wanted to get up because I need to say a couple of things after listening to people talk. First of all and one of the things I did talk a lot because I felt were the Skabry's, the location they were in and how they were feeling but I think another thing that's really, a lot of people in town is that we are watching. I just read a whole article going on with Montauk and how they are so concerned about all of a sudden they have lost their town and I think there's a lot of fear in the people here about losing their town and it's like, oh, we are all for ag, I mean Councilman Ruland, you have been into farming for years, I mean, Parker Dickerson was in farming, you have Sep's in farming, Wesnofske's, you have got people here who grew up here, love the area, they've been on the school boards, they have been on the town boards, they have been in the fire departments and so we had a lot of the feeling for the agriculture and we say we want it here but I think the fear that people are beginning to have here is all of a sudden you begin seeing the people who weren't from out here and all of a sudden you get a vineyard that you say wait, we are supporting agriculture and now look at the problems that you are causing for our town and I think the biggest fear that some people have, your presentation was (inaudible) if everybody was going to do aquaculture that way and protect everything, I think people would have less fear. But the fact is, you see what's going around the country, the people may come in and I am just going to take over and I have got the legal right and I have the right to do this and I have got the money and I am going to do anything I want and you people have to live with this and I think you are caught between a rock and a hard place. The right to farm act was a wonderful, wonderful thing that the farmers needed but it can also be misused by people who don't really care about the community. And so you have a tough job to do. I don't know how you do it all the time but I think that's where some of this is coming from and you say, how do we feel as a Town Board? I can't expect the state, I can't expect the country, what do you do as a Board? How do you protect us and also the residents? How do you best help the residents as well as the industries here so that we all become one unit together. and it's not an easy task, I know you guys work hard. You have got a lot of hard decisions to make all the time and I wanted you to know that but also, you can see sometime where we come from because you get frustrated because you just don't want, you want to make sure that somehow something's not going on that all of a sudden we are stuck into a situation now we can't get out of. Sometime now when you think about Route 48 vineyards or some of the people (inaudible) oh, gee all of a sudden it's not a vineyard anymore. It is becoming a dance hall. It's becoming a place where parties are there all the time. What happened to agriculture? Thank you. SUPERVISOR RUSSELL: Thank you, George. COUNCILMAN GHOSIO: I just wanted to refer back to what Bill had said about containment of outside species. It's a point well-made. The accidental or purposeful release of foreign species has become a problem all over the world, including Long Island. We have lakes that have been invaded up west and have lost most of the actual species because of the invasion of foreign species. But in my mind, not having that kind of situation in a land based aquaculture Amendments to Chapters 219 and 280 Public Hearing page 19 September 8, 2015 scenario, it is easier to control that and to contain that than it would be say, in a mariculture setting. So, I think it was a great point though. Absolutely. TOM STEVENSON: Hi, Tom Stevenson, Orient. I am a farmer with no skin in the aquaculture game. I am just here to support the Town Board in making it possible for the Gordon's to be at least a test case in this town. Knowing how regulated farming has become, we really need to stay true to promoting it in Southold and I don't know if anybody has gone through the 65 pages of regulations that, I mean, endless regulations. The State of New York, the DEC, I tried to go through it all. Everyone should take a look at it. I am not really worried about shrimps, you know, taking off and running off into the bay where they can't even survive anyway, it's not tropical here. But I think just doing something to get a start and reevaluating is something that the Town Board can always go back and look and see how the, you know, co-changes have been, you know, where it's going and they can always adjust but I would really urge the Board to at least allow an operation such as theirs to start and you know, it's their dream to do it. Try to help their dream at least get a start. And other things, I sort of wish it wasn't just AC zoning but I know that's sort of a compromise. I think you have a good compromise in your proposed legislation, so I just urge you to pass it like that and then take a look at it in a year and see where it's going and you can always adjust it, so that's my advice and thank you. SUPERVISOR RUSSELL: Thank you. ROD STANKEWICZ: Rod Stankewicz, Peconic. I wasn't going to get up but the last gentlemen says this would be a good test case and I think really my problem is, I don't want it in my backyard because if this test case doesn't work, will I wake up in the morning and feel like I am on a snack bar selling duck bars. I think that's really a concern of mine. The gentleman from the environmental council talked about the possibilities of leakages, breaks, something like that and that's great that it's in there. I think, look, I am all for whatever we can do for economics in this town because we need businesses. I am just worried about where the location is. Is this your first, is this your first fish farm? SUPERVISOR RUSSELL: In Southold, I believe it would be. MR. STANKEWICZ: They do have other fish farms? SUPERVISOR RUSSELL: Oh, no. No, no. It is not about the specific couple but I have no idea as to whether they own another fish farm or not. MR. STANKEWICZ: I just have had bad luck buying equipment (inaudible) sometimes, being the first one on the block, okay? The gentleman, I agree with him for it, you know, as far as farming. I just think that you need to slow down a little bit because I think you need to have some safeguards built in so that there aren't any problems rather than allowing things to go and what happens if this operation is not viable, what sort of closure do we have on the situation if something doesn't work out? Is there something proposed for that, or do they just leave the property there? I thought that after the last meeting we were a little bit dead on this thing and now it's very much revived and it smells like a beach. That's quite vague. You know? It's just my opinion. I had to get up and say because I don't like to be part of a test case, so, thank you. Amendments to Chapters 219 and 280 Public Hearing page 20 September 8, 2015 GEORGE VIOLA: My name is George Viola, I am over on Henry's Lane in Peconic. I attended a code committee meeting at the annex building in the early part of the year. Councilwoman Doherty had, at the meeting, had come up with a discussion or tried to have a discussion as to the size of the parcels and she had said something to the effect that the wineries are ten acres, maybe we should have standardized or maybe we should discuss standardizing the parcels for the different segments and I see where now we are talking about seven acres. At the end of that code meeting, there were a couple of staff people from the Planning Board if I remember right and the code committee had asked the Planning Board to come up with an interactive zoning map for the entire town and I am wondering if the seven acres is a result of that map? SUPERVISOR RUSSELL: The reason seven acres was because we wanted to create a lot size that would mitigate impacts on surrounding communities. Ten acres, when the winery code was passed, ten acres in New York State was considered a bona fide agricultural operation. Needed at least ten acres in crop and over $10,000 in sales. That has since changed to seven acres which is why we selected seven acres so it mirrors New York State Ag and Markets law in terms of what is a bona fide agricultural operation. Seven acres or more and then a certain income threshold. MR. VIOLA: Thank you. SUPERVISOR RUSSELL: Sure. Who else would like to address the Town Board on this particular local law? MARGARET SKABRY: Good evening, Margaret Skabry. I live in Peconic on Henry's Lane. The first time I came here I was really upset because it was going to go in back of my house and it didn't seem like anybody knew about it. Since then that has changed, supposedly it is not going to be in back of our house anymore, although your lot size could now put it in back if the Town Board decides to change the code for residential. But now the problem has shifted to the other side of the street. Now all the neighbors on the other side of the street have to worry. But here's the problem, the first time I came here it wasn't just because it was in our backyard, it's because it was in anybody's backyard. I don't want to see anybody in this town treated as shabbily as we were being treated. We weren't being represented, we weren't being made • aware, you can shake your head, Scott but it's true. It's true, if somebody didn't make a mistake and it didn't hit the local paper, it would have been a done deal by now because nobody would have known about it. It happened to make the headlines, somebody popped something in the mailboxes and boom, you have been sitting here chewing turns since then. But the point is, you have all these regulations that the state tells you what to do but this is our land and we have our regulations that said if you want to farm in this town, you have got to do this and every time somebody comes to this town, they should be made aware; that's residential you can't possibly look at that, don't even consider it. It is residential, you can't farm there, you'll have to go to another area. And there has to be consistency. To tell a winery it needs ten acres, five years ago, to tell it they need seven acres now, that's not being fair to them, okay? To tell them now they only need seven acres, it's not being fair to the people who were hoping when they built their houses and paying their mortgage payments, they weren't going to have a winery next to them, just as now, I have to hope that now you are not going to put something else in back of me Amendments to Chapters 219 and 280 Public Hearing page 21 September 8, 2015 besides houses because codes get changed all the time, we have codes for a reason, we have rules for a reason, you pass laws here, you pass them for a reason. But we have them already. Just fine tune them and make them equal. It seems like every time we are so anxious to be good people and welcoming people that every time somebody comes here and wants something, we bend over backwards to give it to them. We have to say no. when the people who live here year round, who struggle to raise their families out here and pay their taxes on time, all the time, and go to the polls to vote just like good people like we are told to, when we are treated like second class citizens and we are told our residential neighborhoods can be turned into commercial areas for our neighbors so they can raise a lot of money, when we already have laws on the books for accessory code apartments or renting an apartment or bed and breakfast, and we are not making any profit from our neighbors making a profit, so some of the neighbors are really being treated unfairly and we need uniformity in the town and we need fair treatment in the town and I say you worry about how we get treated first and get the things all in line, why not ten acres for this? Why not make it, it was ten acres for the wineries, why can't it be ten acres for any of these industries? I don't care if its fish or pizza, if it's coming in and they want to use this type of land, that we are supposedly preserving, make them use ten acres and make them stay away from residential areas. There is no reason why we have to be bullied back by the Planning Board (inaudible) come on, make it fair to the people that are here for you. And you are here, supposedly, for us. get together, ten acres, couple of hundred foot setback from a house, if you have got 10 acres, you can do a couple hundred feet, it won't hurt you and if you put something in where it can possibly contaminate the water, do the same thing you do with the multiple housing areas, make them put in a sewage treatment plant. If they can't afford it, maybe they will go upstate by my sister-in-law. That could happen. But just be fair to us and we come first. Not the people that are coming here. Not your potential wealth that you would be drawing to the area. Because what you are doing is you are killing the area that is drawing your potential wealth and you are getting a subculture that is coming in that's only coming to use and abuse the area and leave. I am just asking you, your election is coming up, you know, I am not threatening you but think about why you are up there. It's for us. Of, by and for the people. That's why we are here, you have to hear us. Do it for us and there's room for business. There's room for business but they follow our rules. If you tell a kid don't play on the highway, they have to listen to you or they pay the consequence. Right? If you have the rules and they are for everyone's safety, then they need to be followed and if you have the rules and they are for everyone's benefit, then the people who live here and the people who want to profit here, there's the same rules. They have to follow them and we will welcome them. I have told you that before, we'll probably even support their businesses. But what you are doing now is you have vineyards that are killing restaurants and new restaurants are opening and closing, you are having one business fighting another business whether it be bed and breakfast fighting motels, those Airbnb's, rentals or whatever they are, they are all competing and fighting, fighting, fighting. If you have just rules that we have already, and we enforce the rules that we have already and we are fair to the people here first, number one, to the residents, things will be a lot better. There will be a lot less infighting in the town, there will be a lot more support and it will be great to know that we have elected officials that will do that for us. That's all I am hoping you do. I don't really want a fish farm in anybody's backyard, I don't think it's a good neighbor but if you are going to put it somewhere and it be near a residential property, I ask you to make them put in the sewers, make them do everything that you would make somebody you didn't want in the area doing. Or somebody you have been in litigation with and you have been trying to forestall. Make them Amendments to Chapters 219 and 280 Public Hearing page 22 September 8, 2015 follow all the hard rules. SEQRA doesn't have a tough enough thing, make sure they follow our rules. That's all I am asking. Just treat us right. We are your money, when they all skip town, we are where your money is for all the things, the police, the school, everything. We are where the money is, not these people that give you a little and take a lot. That's all I am saying. Just don't pass it the way it is. Give it ten acres, give the people the buffer. Give everybody a fair chance. Thank you. SUPERVISOR RUSSELL: Sure. You had suggested a couple of hundred foot setback, we listened and when you suggested that the last time and there is now a couple of hundred foot setback in the code as proposed. It's a 200 foot setback. MS. SKABRY: Not in the Planning Board though. SUPERVISOR RUSSELL: I don't know what that means. MS. SKABRY: Planning Board said on the border of the property, like other businesses. That's what.they wanted. Wasn't that just read out tonight? COUNCILMAN DINIZIO: That was their recommendation, the Board is not following it. SUPERVISOR RUSSELL: That was their recommendation. MS. SKABRY: I am glad you liked the places and you visited them and everything else, but you have to understand, we are not all interested in having that near our homes. We may welcome it as a business in an industrial zone but not near our homes. SUPERVISOR RUSSELL: The Planning Board recommendations were rejected because the code as drafted requires a 200 foot setback. But you know, t hose were issues that were raised by you and some others and I know Robert raised some concerns, so we tried to mitigate those impacts with setbacks and lot sizes. This is actually the most restrictive agricultural use that is in this code. MS. SKABRY: It's not enough. You have to give, you have to give everything to the people here to keep them safe, happy and willing to just keep paying whatever we are paying for living here. For the quality of life. We have paid a lot. We have paid to keep the land open, we have paid everything. We've been good citizens, you know, we are not out shooting each other usually, you know, please, we are good people and we deserve to be treated better than you were and think of us first before you think of the profits. And set things up nicely for us so that there's ' no regrets from us for making bad choices as to who is representing us or for you later on saying I should have seen this coming, I should have known that there would have been ramifications of putting a business that close to a home, the traffic or the kid got hit by a truck, you know, it shouldn't have happened. That's all I am saying. But I think from the very beginning, the whole board just saw us really angry because we were angry and I still am and so is John because this was snuck through. You don't think, this is not the first fish farm in Southold, that was just said tonight. They have a business that they are running out of their house right now, so that's the first celestial farm. Thank you. Amendments to Chapters 219 and 280 Public Hearing page 23 September 8, 2015 SUPERVISOR RUSSELL: Chris? CHRIS BAIZ: Good evening, Chris Baiz of Southold. I am also a member of the Agricultural Advisory Committee. We have met on a number of occasions with the Board concerning agriculture in the Town of Southold. We are in favor of the present legislation and ask that the Board support it with their vote as quickly as possible, I think, again, what I hear tonight in many respects are anxieties of the unknown. When you get on an airplane and are asked to sit in the passenger section, you always have an anxiety because you don't know who the pilot is up in the cockpit. The pilot in the cockpit is the person who knows how to fly the plane and in this instance, when we have a third of our lands here in the Town of Southold tied up in agriculture and the people want to keep it in agriculture, it has to be economically viable agriculture. Our costs here, not just operating costs but our land costs according to the folks in Washington at the US Department of Agriculture realize that the eastern five towns of the Suffolk County have the most expensive farmlands to operate on in the United States. And that means that we have to have a graduation as we have experienced over the last 60 years out of potatoes and other row crops of low priced product to higher value added products or something as an example, with the Gordons shrimp project, it has a very limited market, it is not going to burgeon out here because you don't have enough restaurants that will buy the product because they don't serve entrees at the price points that would support something like this. They might have 10 to 20 restaurants here in eastern Suffolk that could be buyers of their product and so again, our issue here is agriculture as one constant and that constant is change. My grandfather farmed potatoes here, he would fall over laughing if he saw that his farm was now a vineyard and winery. He would just, I can't imagine what he would think of it. The next step is how to better utilize our land. We have to use more intensive techniques and methods in order to sustain the costs an acre of farmland today at $100,000 for a purchase price would have a mortgage on it of$7,500 for that acre. You cannot go out and farm out an acre of potatoes and receive $3,500 gross revenues and expect to be in business by the end of the year. And so, when we have opportunities like this, I mean, I can't imagine what the town said back in 1973 when the Hargraves came to town and said we are going to plant wine grapes. But in five nanoseconds, I knew my family was going to be out of potatoes and into wine grapes as the new crop. And that example,just a crop of wine grapes yields you no more revenue than a crop of potatoes but it is the ultimate value added. In the case of the Gordons with their agricultural product, their product is of value to a certain tier of restaurants that will buy their product and it is limited to that tier, so it's not like you are going to have 100 shrimp farms in the Town of Southold because there just aren't enough restaurants to support that. The other issue is a little bit of some of the misinformation or lack of information in terms of the way a facility would operate. I spend some time with the Gordon's over the weekend, to charge their facility and fill all their tanks would take about 120,000 gallons of Atlantic sea water. It would be filtered before it would be put in those tanks and as we got into discussing that, I asked them, well what about losses? And they said the only losses are due to evaporation because we are running the system at 86 degrees Fahrenheit in order to support the shrimp crop in the tanks. And so the makeup is water, if you will, is only a few thousand gallons a year to sustain it, there is no release of water and purging the tanks or whatever. The backside of that is that the average annual consumption by the average house in the Town of Southold going into the septic system is about 140,000 gallons a year. and if you multiply that by the 12,000 domiciles in the Town of Southold, I mean, there's your issue, it's not with agriculture at this point and I think what the Gordon's have here is an excellent example of the first in the town Amendments to Chapters 219 and 280 Public Hearing page 24 September 8, 2015 so to speak with what the town perceives as a new crop but has done as a regular course of business in many other places and I just sort of confounded and surprised on the one hand that we have been working on this now for over a year and I am told that another group is starting an operation along the Hudson River and they started after the Gordon's and they are, what state are they in? What state of completion? They are done. They are selling shrimp while we sit here and try to figure it out. Again, some of the issues raised here tonight or the fears and anxieties are in the extreme, we don't think that that's what agriculture is about here. People in agriculture try to protect their land, they know how important that land is to them because it is what gives them their living and what allows them to survive and let's just get this done. That's what we ask of all of you. Thanks so much. SUPERVISOR RUSSELL: Thank you, Chris. BENJA SCHWARTZ: Good evening. Benja Schwartz, I would just like to, with all due respect, the previous speakers introduction was a little confusing, he said he might be a member of the Agricultural Advisory Committee. It is my understanding that he is the chairperson of the Agricultural Advisory Committee. I think that, was he speaking on behalf of the Agricultural Advisory Committee or was it his personal opinion? Impossible to tell from what he said. With all due respect, and there are 12 or 13 members of the Agricultural Advisory Committee, I think if we are afraid of the unknown, maybe it's the Agricultural Advisory Committee which when I go on the website, they are the first committee on the webpage but when I try to look at what they have been doing and see what they are into, I see that they were formed in 1992. Councilman Lizewski was on the Town Board and that's all they have is the minutes of the 1992 Town Board meeting which said we want them to advise us to support the agricultural industry. I think we need to do a little more than that in town, I personally have worked with agricultural operations, creating community supported agriculture programs etc. There's a lot we can do but we are not afraid only of what we don't know, we are also afraid of what we do know about aquacultural operations around the world. If we want to do this faster then maybe there's a way to do it but I don't think we want to do this without due safeguards and protections. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular local law? NANCY SAWASTYNOWICZ: Good evening. Nancy Sawastynowicz of Cutchogue. I am opposed to the proposed changes permitting land based aquaculture operations in the AC, agricultural conservation. Tax payers have invested an amazing amount of money to preserve our open spaces, farmland and the wonderful vistas the north fork has to offer. Upland fish factories throughout our AC districts does not fit into the zoning and should not be changed. I, for one, would not like to be near, have it near my home. It is not an agricultural business. We the people do not pour all the money into putting fish factories, fish processing plants on our open space. I question the amount of water usage, the amount of waste the factory will generate, the smell and the large buildings needed for the operation. And our existing code presently restricts aquaculture to the M-II marine districts, if the fish factories can't fit into that zone then don't build here. The north fork has been found, this past summer was proof of that. You the Town Board have to protect the people that live here and love the north fork. Our aquifer is under enough pressure now. At least seven acres is not enough. I would say it has to be 10 Amendments to Chapters 219 and 280 Public Hearing page 25 September 8, 2015 acres. Two hundred feet from homes is not enough, I would, oh, how is the town going to enforce complaints from homeowners who would have to be the neighbors of the huge fish factories? It is not what the north fork needs. I go crazy ever weekend when the weekenders across the street from me leave their floodlights on. I can't even imagine a huge fish factory with all the lights, the smells, the trucks going in and out. It's just a huge impact and I really would like this town to take time and not, I don't care how long it takes. We have to protect what we have. It's been found, we have, I mean, you really need to take time in this. If they don't like that, let them go build it somewhere else. My family has been here for 100 years and I don't ever throw that around, I mean, big deal. I care what we have going for what people live here now and it's important and it's a tough job you have to do and I really think you should think about it. Thank you. SUPERVISOR RUSSELL: Just for clarification, we are not proposing a fish processing factories in AC zones. They are still not permitted whether this legislation is adopted or not. Can I have them go and you go after John? TODD GORDON: I just have one question. How long do I have to live in this town before... SUPERVISOR RUSSELL: You are an 'us'? MR. GORDON: Huh? SUPERVISOR RUSSELL: Before you are considered one of us? MR. GORDON: Yeah. Inaudible. I mean, we have been here for 11 years. We are not outsiders, we moved here because we love it here. That's what I want to know. SUPERVISOR RUSSELL: Okay, John? MR. SKABRY: I would like to straighten out a couple of things. First of all, the farmer from Orient said there weren't shrimp here, I used to dredge for shrimp all the time. it was the chum that I used for bass fishing. Salt water bass fishing. So we do have shrimp here, as a matter of fact, the DEC, I forgot what the shrimp are, you are not permitted to bring them into this state because they could take over the natural shrimp and it is part of our chain of life. As Mr. Toedter had said from the North Fork Environmental Council, they could contaminate the, they could take over, I mean, they don't have to just take over the shrimp, they could just, if they get into the, and by the way this was in Peconic where I used to dredge for them. You pull a seine along the bank, it's as easy as can be. And that's where the fish farm wants to be. In Peconic. But they don't have to take over the shrimp, the shrimp can still survive but if they take over, you know what I am talking about Mr. Ghosio, if they take over what the native species is eating, then the native species dies and that whole chain of life is disturbed. The little fish eat the big fish. As far as the Atlantic sea water, the gentleman there, Mr. Baiz from the Agricultural Advisory Committee, he said that they would be using 120,000 gallons of Atlantic sea water. How do they get that sea water to Indiana? Or to Hudson New York? They truck- 120,000 gallons.... Amendments to Chapters 219 and 280 Public Hearing page 26 September 8, 2015 SUPERVISOR RUSSELL: I don't know what they are using in those states. The proposal here was what they intend on using. I don't know how other operations, their source of water or anything else. MR. SKABRY: The ones that I talked to said that they cannot use the local water. They have to use fresh water and then add salt to it, to keep the salinity at the right level. So we are talking maybe some people that are going to establish a fish factory that are going to use recycle system but then maybe somebody will come along and it's going to be a freshwater fish factory and it doesn't pay me to recycle my water, so I'll just dump it into the main drain and pump more water out of the ground. So we are talking 120,000 gallons of Hudson River, but I talked to t hem and they don't use Atlantic sea water. What does Mr. Baiz have up his sleeve? Here's a letter,this is a person that wrote on our stationary, on our town stationary, if I can read from it. From the Southold Town Agriculture Advisory Committee, town board liaison, January 8, 2015, 'Mr. Scott Russell Supervisor and Members of the Town Board, (I don't know why this wasn't written into the record, it was written to the Town Board regarding aquaculture so I would like to see you get a copy of it and have this read off) COUNCILMAN GHOSIO: I don't think that would have been put into this record because the proposed law wasn't in existence back in January. MR. SKABRY: Okay. COUNCILMAN GHOSIO: And the letters that are in this pertain to the law.... MR. SKABRY: Could I enter it? COUNCILMAN DINIZIO: You are right now. MR. SKABRY: Okay. 'The face of agriculture is changing very rapidly, especially here in the Town of Southold. The one constant in agriculture is change as it continues to reach economic viability. (I am not going to read the whole thing but it has to do with, because time is of the essence here it seems like) unequivocally the land based shrimp crop lending greenhouse technology and fishery tank technology is fully found bona fide agriculture. While this is the first application to raise shrimp in Southold, this blended technology is practiced and used throughout the world. More than 90 percent of all fish, shellfish, crustacean and finfish consumed in the world is now farmed and 2014 was the first year in which the fish farm harvest of the world exceeded by weight all meat production. Additionally by code, agriculture is allowed in all zones. From R-40, R-80 and on up to AC in the Town of Southold. To selectively restrict certain agricultural crops from one or more of these zones would be construed as unreasonably restrictive. So you know where they are going. Once this camels nose is under the tent, it's all over. Because they are going to go to the Farm and Markets department in Albany... SUPERVISOR RUSSELL: But you suggested they go in the Industrial zones. Wouldn't that be the same dilemma? Amendments to Chapters 219 and 280 Public Hearing page 27 September 8, 2015 MR. SKABRY: No, because I told you already Industrial zones will have no effect on residential residences but the AC zone will. SUPERVISOR RUSSELL: But couldn't they go to the same Ag and Markets and say limiting it to the Industrial zones is too restrictive? I mean, wouldn't that be the same thing? MR. SKABRY: We already know what they are going to do but do you want me to speculate on what they are going to do? I was reading you the letter.... SUPERVISOR RUSSELL: Nose under the camels tent pertains to the Industrial zones as much as just as much as Agriculture zones. MR. SKABRY: Likewise the use of farmland preservation funds to restrict a parcel of land from being used in agriculture is contradictory. So their target is farmland preservation land which us taxpayers happen to have paid for. Respectfully on behalf of the Agricultural Advisory . Committee. Thank you. - SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? (No response) This public hearing was adjourned at 9:29 PM � a,, . £ Eliz.1-th A. Neville Southold Town Clerk 390 Henry's Lane Peconic, NY 11958 August 26,2015 © U Supervisor Scott A. Russell AUG 27 2015 --� Southold Town Hall SUPERVISOR'S OFFICE 53095 Main Rd. TOWN OFSOUTHOLD Southold, NY 11971 Dear Supervisor Russell: We are opposed to the proposed changes permitting land based aquaculture operations in the AC District.Aquaculture should only be permitted as presently in the Marine I and II Districts. Presently 280-52, B. (2) In the Marine I District a special exception by the Board of Appeals must be granted for aquaculture operations. Fish markets and fish processing are not a permitted use. 280-55, B. (4) In the Marine II District a special exception by the Board of Appeals must be granted for fish processing plants,fish markets,wholesale and retail sale of finfish and shellfish. 280-13,A. (2),(b) Permited uses.The keeping, breeding, raising and training of horses,domestic animals and fowl require 10 acres or more. 280-13,A, (4), (b)Wineries require at least 10 acres owned by the winery owner. The proposed changes require only 7 acres and no mention of land ownership for aquaculture. The proposed changes have no mention of a special exception by the Board of Appeals for aquaculture. We question the wisdom of permitting fish factories,fish processing plants and fish markets throughout town.Think tilapia,striped bass,canneries etc.,We urge you to prevent the paving over of our farmland,the Town Board should do everything to encourage row crops. We have voted in favor of farmland preservation legislation and taxation in order to preserve the open spaces and vistas welcoming tourists so vital to our economy. We hope that you will reconsider the proposed aquaculture zoning legislation and support our current zoning laws mentioned above. Sincerely, !(;) i John & Margaret Skabry 390 Henry's Lane Peconic, NY 11958 August 26, 2015 Justice Louisa Evans Southold Town Hall 53095 Main Rd. Southold, NY 11971 Dear Justice Evans: We are opposed to the proposed changes permitting land based aquaculture operations,in the AC District.Aquaculture should only be permitted as presently in the Marine I and II Districts: - •- - Presently 280-52, B. (2) In the Marine I District a special exception by the Board of Appeals must be granted for aquaculture operations. Fish markets and fish processing are not a permitted use. 280-55, B. (4) In the Marine II District a special exception by the Board of Appeals must be granted for fish processing plants,fish markets,wholesale and retail sale of finfish and shellfish. 280-13,A. (2),(b) Permited uses.The keeping, breeding, raising and training of horses, domestic animals and fowl require 10 acres or more. 280-13,A, (4), (b)Wineries require at least 10 acres owned by the winery owner. The proposed changes require only 7 acres and no mention of land ownership for aquaculture. The proposed changes have no mention of a special exception by the Board of Appeals for aquaculture. We question the wisdom of permitting fish factories,fish processing plants and fish markets throughout town.Think tilapia,striped bass,canneries etc.,We urge you to prevent the paving over of our farmland,the Town Board should do everything to encourage row crops. We have voted in favor of farmland preservation legislation and taxation in order to preserve the open spaces and vistas-welcoming tourists so vital to our economy. We hope that you will reconsider the proposed aquaculture zoning legislation and support our current zoning laws mentioned above. Sincerely, John & Margaret Skabry ja, EXPRESS Customer Copy ,Label li-B, March 2004 MAIL liii I II III liii '1100III fi III ii UNITEDSTATESPOSTAL SERVICE®r r Post OfficeTOAddressee E I 15E1'974648 U S •;DEMERY,(POSTAL!USE!ONLYgp ry ,,�,F.3p�;r.,lz ,? r,:_r, Delivery Attempt Time E AM Employee Signature 0' i]g _ 13M'gaNa ____ Mo Da ❑PM PO ZIP Code Day of Delivery Postage 9y Delivery Attempt Time ❑AM Employee Signature 1 f d 9 7 1 0 NextVJ 21 nd ❑2nd Del Day $ �. / Mo Day ❑PM Scheduled Date of Delivery Return Receipt Fee Delivery Date Time ❑AM Employee Signature I Date Accepted %j ,'`j�1ry,!' 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XXXXXXXXXXXXXXXXXXXXKXXXXXXXXXXXXXXX XXXXXXXXXXXXXXkXXXXXXXXXXXXXXXXXXXXX Bi11#:1000203212625 Clerk:02 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business - HELP US SERVE YOU BE1TER TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE Go to: https://postalexperience.com/Pos or scan this code with-your mobile device: • or call 1-800-410-7420. YOUR OPINION COUNTS Customer Copy - 6-0 I+ �® G`; Town Hall,53095 Main Road Chris Baiz,Chairman �d: P.O.Box 1179 1c"4 % Southold,New York 11971 Karen Rivara ` evy t Doug Cooper ; ® ® •• 0 John B.Sepenoski : ��� ���/��r John P.Sep = d ,,,$ Jim Glover '"• •'' Lou Caracciolo Tom Stevenson AGRICULTURAL ADVISORY COMMITTEE Mark Van Bourgondien Bill Ruland,Town Board Liaison MEMORANDUM RECEIVED C ,' 8 2015 To: Elizabeth A.Neville,Town Clerk From: Chris Baiz,Chairman Southold Town Clerk Members of the Com ttee Date: September 8,2015 Re: A Local Law entitled,"A Local Law in relation to Amendments to Chapter 219,Shellfish And Other Marine Resources,and Chapter 280,Zoning,in connection with Aquaculture Uses" Thank you for the opportunity to provide comments on the above referenced proposed Local Law. The Agricultural Advisory Committee supports the adoption of this legislation with the following comments: 1. The setbacks for agricultural structures should coincide with that for residential structures. 2. 280-13. Use Regulations:In the A-C District,should also state or on land located Within a county adopted,State certified agricultural district. 3. In 280-13-A (7) e: In addition to site plan review, should state if located within a county adopted,State certified agricultural district,site plan review should be expedited. cc: Scott Russell,Town Supervisor . Members of the Town Board Assistant Town Attorney OFFICE LOCATION: � � %.v-" SUUr"0 : MAILING ADDRESS: Town Hall Annex eP.O. Box 1179 54375 State Route 25 SigSouthold, NY 11971 (cor.Main Rd. &Youngs Ave.) % u� Southold, NY 11971 • �pQ r��� Telephone: 631 765-1938 l`�c4UNT`1,� LOCAL WATERFRONT REVITALIZATION PROGRAM • TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Supervisor Scott Russell SEP - 8 2015 Town of Southold Town Board Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: September 8, 2015 Re: Local Waterfront Revitalization Coastal Consistency Review for the "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" The proposed action 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: William Duffy, Town Attorney �,,�� MAILING ADDRESS: PLANNING BOARD MEMBERS sof�QF SO1J P.O.Box 1179 DONALD J.WILCENSKt / � Southold, NY 11971 Chair141 OFFICE LOCATION: WILLIAM J.CREMERS cis " Town Hall Annex PIERCE RAFFERTY �� 54375 State Route 25 JAMES H.RICH III ® �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR =l�`'®� � ���� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth A. Neville, Town Clerk SEP - 22015 From: Donald J. Wilcenski, Chairma Southold Town Clerk Members of Planning Board Date: September 1, 2015 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" Thank you for the opportunity to provide comments on the above referenced proposed Local Law. The Planning Board supports the adoption of this legislation with the following comments: 1. The setbacks to agricultural operations from the structure to contiguous parcels, as established in the Section (b) below, should be reduced to 50' if: a. the contiguous parcel is protected; or b. the contiguous parcel is in agricultural use; and c. single family residence(s) are not located within 200'. "(b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel." cc: Scott Russell, Town Supervisor Members of the Town Board • Assistant Town Attorney • MAILING ADDRESS: PLANNING BOARD MEMBERS ' "A#10 - P.O.Box 1179 DONALD J.WILCENSKI :+�• Southold,NY 11971 • Chair =" � OFFICE LOCATION: • Hall Annex WILLIAM J.CREMERS .; K 3 Town PIERCE RAFFERTY # 54375 State Route 25 ,f JAMES H.RICH III 450, lA- l (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR , Southold,NY , Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Donald J. Wilcenski, Chairman Members of Planning Board Date: August 31, 2015 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" Thank you for the opportunity to provide comments on the above referenced proposed Local Law. The Planning Board supports the adoption of this legislation with the following comments: 1. The setbacks to agricultural operations from the structure to contiguous parcels as established in the section (b) below, should be reduced to 50' if: a. the contiguous parcel is protected; f.' b. in agricultural use; c. and single family residence(s) are not located within 200'. "(b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel." cc: Scott Russell, Town Supervisor '. Members of the Town Board Assistant Town Attorney •rtY " - w MAILING ADDRESS: PLANNING BOARD MEMBERS +r }` 7 P.O.Box 1179 DONALD J.WILCENSKI $t' a Southold,NY 11971 $1 Chair 41 'kW ' • rx OFFICE LOCATION: WILLIAM J.CREMERS �t * Town Hall Annex PIERCE RAFFERTY 114"," '. #" 54375 State Route 25 JAMES H.RICH III 4 ° . (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR01.11ffiti, Southold,NY Telephone:631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor ' Members of the Southold Town Boar From: Mark Terry, Principal Planner =7 LWRP Coordinator Date: September 8, 2105 Re:. A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". The proposed action has been reviewed to New York State Department of Environmental =g Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5c(20) and 617.5(c)(27) , the action, as proposed, is a Type II _ action and therefore not subject to SEQRA review. 617.5(c)(20) "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment" 617.5(c)(27) "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list" Cc: William Duffy, Town Attorney in ;1114,110114- OFFICE LOCATION: �� ' - Y MAILING ADDRESS: `" Town Hall Annex ++t > P.O.Box 1179 54375 State Route 25 ; Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) 'Telephone:631 765-1938 :a Southold,NY 11971 , !, " • � � e t 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: September 8, 2015 Re: Local Waterfront Revitalization Coastal Consistency Review for the "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". The proposed action 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: William Duffy, Town Attorney ,ti +5 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA ANDREW M CUOMO 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 - CESAR A PERALES WWW.DOS.NY GOV SECRETARY OF STATE October 2, 2015 • RECESVED OCT - 8 2015 Lynda M Rudder Deputy Town Clerk Southold Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RE: Town of Southold, Local Law 8 2015, filed on October 2, 2015 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 NEWYORK Department STATE OF OPPORTUNITY. of State ELIZABETH A.NEVILLE MMC /101e �f/��® ®4 \ Town Hall 53095 Main Road TOWN CLERK i P.O.Box 1179 C9 CM 3 t Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ;`:.;.•1. `''` erti Fax(631)765-6145 MARRIAGE OFFICER ? '** . •- :. ®�' to Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER est 4t3 `Z►�a" www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ... OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 30, 2015 Express Mail ! _ EI150974648US RE: Local Law No. 8 of 2015 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. 8 of 2015 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, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney age °© 'lltw figs - i ;' - a— (pomestic f_bikNo Insurance Coverage Provided) rti"I For de terry mforrnatrion visit ou,,,�r�webstte at www.usPs.corn rR irtit.W is- Postage $ ' ��isl , 1. Certified Fee 1 d rl° `I pReturn Receipt Fee IlIr %V PPj 0 rk im (Endorsement Required) , Cry � Restricted Delivery Fee G,`Kr 4 (Endorsement Required) `d Total Postage&Fees r CI ra lento ' __k. _ _ %\:Ma-� ��;_. CI Street,Apt.No. �� L O or PO Box Na C� City,State,ZS Cby l �/� j 7o � 1 f l L l am(2006 1 • SENDER COMPLETE THIS SECTION • COMPLETE THIS SECTION ON DELIVERY, p A. Signature p Agent ■ Com tete items 1,2,and-3.-Also complete k. i item 4 if Restricted Delivery is desired. X #"`�-n 0 AddresseenI o Print your name and address on the reverse 1_ t so that We can return the card to you. B�. Received by(Panted Name) Iii,Date of Deliye E Attach this card to the back of the mailpiece, d�:�,- b ..) ' '.1g c0; "' (�-' or on the front if space permits. P 0Yes ! D. Is delieia d - dress different'frgilu emit ; 1 1. Article Addressed to: If YES,ent=delivery address below: 0 No + et. G amuyik Lo-e. SiceAelk t ,J. 0. 3111 3. Service Type f I l Certified Mail® D.Priority Mail Express" 3��`11 an y I (' Oct. 0 Registered 0 Return Receipt for Merchandise i ` '` ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes - 12. Article Number 7010 1060 0001 1571 1339 1 • ; (rranster pprn service label)•ir - -- - • I '' '' ' •Domestic Return Receipt '' P 'Form 3811,July'2013' m" ______ i Do P©st'aR @@%m rll (Domestic(WI Clik( Coa in I delivery information�D fE www.uspe.com®' V"1 Postage $1-9 /___ p�`,� Certified Fee 1\, � '' O• Return Receipt Fee z• Postm m (Endorsement Required)1=1 I lei�}y� i Restricted Delivery Fee@ (Endorsement Required) `® O of, Ezi Total Postage&Fees $ Y,73 ` y q6j ✓q seg: 1 im�hc 1-..-ea-s•lelI. -rte t /�D _Q �+�x1�lf fN� orPOBoxNo. .6. �t.)S__10c00 City,State,ZIP 9 I�' p` p `k* e KI _IL7_• 3800 po6 EQSCQ LQ3 COMPLETE THIS SECTION,ON DELIVERY '$ENDER'COMi4iTE THIS,SECTIQN • ,. ,( I A. Signature •tel - ��\J M .dri ® Complete items 1,2,and- .Also complete CJJ.. item 4 if Restricted Delivery is desired. �( 0 Addre$g e r Print your name and address on-the reverse ', B. Received by(Printed Name ,' C. Date of Deeiverly 1 so that we can return the card to you. ) �; C. c, ■ Attach this card to the back of the madpiece, - I Li •„T - 1 2015 ).,1 or on the front if space permits. D. Is delivery address different from i-m 1? / I 1. Article Addressed to: IfYES,enter delivery address elo : 0 No f �6le&, ;Y2 11— _ USPS I , . C .-bee. oc ?I'l-nn:r5 i ' r-?. O• °OX W I 00 0 3. Servicetate, PitiD MPriority Mail Express" 6 �V �4` Q_ y I n Pk, 0 Registered 0 Return Receipt for Merchandise I AYX, (� 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1060 0001 1571 1322 I1 I ' (Transfer from service label) I PS Form 3811;July 2013 Domestic Return Receipt iI 09/30/2015 14:12 6317493436 S I TOWN CLERK PAGE 01 ELIZABETH A NEVII,LF,,MMC , '�yS1Town Hall,53095 Main Road TOWN CLERK s p.o. Box 179 Efil ale ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ', Fax� Fax(631)765-6145 MARRIAGE OFFICER _ RECORDS MANAGEMENT OFFICER _ �,� .����,�' Telephonew.sout(631)765-1 goo X REEDOM OF INFORMATION OFFICER - www•54uthpldtpwgny.ggv OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law' entitled; A Local Law in relation to Amendments to Chanter 219, Shellfish and Other Marine Resources and Chanter 280,Zoning, in connection with Aquaculture Uses on September 22, 2015 Please sign the bottomofthis letter and email or fax it back to me at your earliest convenience to Confirm receipt of this notice. Thank you. • eVei214°4644•114. Elizabeth A.Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island • Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department • • Date; 2d'/f irgiintitt‘tEt, kAeived y • Title;T CIE*, Please print n me DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ',,moi..<ii_. ',S�,®�®�i��f®fie ELIZABETH A.NEVILLE,MMC � .�. �,� Town Hall,53095 Main Road TOWN CLERK ® ; P.O.Box 1179 res at ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS $ Fax(631)765-6145 MARRIAGE OFFICER ���� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER : ® �,.� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER _,, ,,,,•, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses on September 22, 2015 Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead - Town of Southampton Southold Town Planning Board - Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department • Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK „ ,, - ELIZABETH A.NEVILLE,MMC ��',2 4 ` .®(� Town Hall,53095 Main Road TOWN CLERK ® d; P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS54 �� Fax(631)765-6145 MARRIAGE OFFICER 44'� v, "�4�°�,'� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER - ®.� + ,i O,"� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: • A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280,Zoning, in connection with Aquaculture Uses on September 22,2015 Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A.Neville. Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department • i R8� nudA,C Date: zI3 I6 f Ple I U 1 a- ( Y”( \ 10 Title: / .1 O./ _...ex-- se print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK VFOL ELIZABETH A.NEVA LE MMC e� ®�® Town Hall,53095 Main Road TOWN CLERK • 1: 'a:'t0. \ P.O Box 1179 ;�x' iF Southold,New York 11971 REGISTRAR OF VITAL STATISTICS `n'""'y ":: ' r± �� ® ''�' ;y; N, � � Fax(631)765-6145 MARRIAGE OFFICER Toa-fr Y::`r' ®• i� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 1°) www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: • A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses on September 22,2015 Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A.Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department / Date: Signature, Received By eLt p VL); Title: /41-, Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK �yprrrr� ELIZABETH A.NEVILLE,MMC �$s ar'` �' Town Hall,53095 Main Road TOWN CLERK g P.O.Box 1179 �g P °r ' w^a ,ti, q74 Southold,New York ]1971 REGISTRAR OF VITAL STATISTICS a 4`' p�' "''• ''` ''' Fax(631)765-6145 MARRIAGE OFFICER i 4'. '"�D Telephone(631)765-1800 RECORDS MANAGEMENT OFFICERS "1' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER -. OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: • A Local Law in relation to Amendments to Chapter 219,Shellfish and Other Marine Resources, and Chapter 280,Zoning, in connection with Aquaculture Uses on September 22,2015 Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you, Elizabeth A.Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department • '5-_ C _�?� �-'\. 1 �Q-X S' Date: q / 'Levi/ Signature, Received By VeAL T1. p , C.'- .M -- - - Title:��tr1t C�_ I1P�an Please print name DUPLICATE TO BE SIGNED AND RETURNED i'O SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMCI•��� �Afr w Town Hall,53095 Main Road TOWN CLERK Lle P.O.Box 1179 t ~ � I Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 04, P77 �� Fax(631)765-6145 MARRIAGE OFFICER ? 4 -• ' ®�"�•� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 01 ••J www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,,,* OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: • A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses on September 22,2015 Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department I Date: /5 ` Signature, Received B / .2V 1 45-tt \r' Title: 1 � o 'l Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC0,®Q® ' V Town Hall,53095 Main Road TOWN CLERK �' ' g� PO.Box 1179 �s t 44: Southold,Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p f Fax(631)765-6145 MARRIAGE OFFICER -wet. n �klr or Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER : ®� 4 . • � $' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,,,•� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chapter 219,Shellfish and Other Marine Resources and Chapter 280, Zoning, in connection with Aquaculture Uses on September 22, 2015 Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. ; 04a0e2L Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: Signature, Rer*'ed By /-1/G44..e Title: l Please print name ./ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 09/29/2015 11:28 6312835606 SOUTHAMPTON TOWN CLK PAGE 01/01 t,,I•,. Ny �. ain Road ELIZABETH A,NEVILLE,IV MC , Towtl Hall,53095 M' ', P.O. Box Ma TOWN CLERK '� ` 179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS "' ��� Fax(631)765-6145 MARRIAGE OFFICER i fr* ".0y14 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER -„ 41 1,, www.southoldtownny,gov FREEDOM OF INFORMATION OFFICER •'�� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: • A Local Law in relation to Amendments to Cha ter 219 Shellfish and Other Marine Resources and Cha•ter 280 Zonin_ in connection with A•naculture Uses on September 22,2015 Please sign the bottom of this letter and email or fax it .backs to me at your earliest convenience to confirm receipt of this notice. Thank you. ar.124467.Q4-6- ie:ahu Elizabeth A,Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department S-4Date: i f is Signature, Received By f U Y} d ....••• :`' �?�. cry-- Title: -rink/in j c /trite-. Please prii t a ame DUPLICATE TO BE SIGNED AND RETURNED TO • }r` a_ SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC :`' a Town Hall,53095 Main Road TOWN CLERK 4 `1 s4 r}l ,�, P.O Box 1179 k� � " Southold,New York 11971 REGISTRAR OF VITAL STATISTICS *• ? Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER = 84 ".�' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER . « - 1 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: • • A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280,Zoning, in connection with Aquaculture Uses on September 22,2015 Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. 467 Elizabeth A, Neville - Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 1w -) 1 Date: 91c2-3/..910/ Signatur ,' ecelved By { „4/112-1 C' -S 11 - Title: t ;JCir Ci r k_fir 1:4 Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK { 09/28/2015 14:14 6317659064 ZONINGEDOFAPPEALS PAGE 01/01 1%1 Offetet ELIZABETH A.NEVILLE,MMC �� � .;.,, ;'`:,;., �"'; Town Hall,53095 Main Road TOWN CLERK r 'r x : PO.Box 1179 - ar',a Southold,New York 11971 REGISTRAR OF VITAL STATISTICS °"' � Fax(631) -_;•'. �=�"`k; MARRIAGE OFFICER � �, ?,w:r;; '' a��'I�+' Telephone(031.)7.651$i • •'` RECORDS MANAGEMENT OFFICER _ pi 41 4>.t „www;southolcllownny.go' PRI3.31?OM OF INFORMATION OFFICER .,, ,,,..ro OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 8,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation to Amendments to Chanter 219, Shellfish and Other Marine Resources and Cha ter 280 Zoninm inn connection with Ai uaculture Uses on September 22,2015 Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. 614j8446?7144;44 Elizabeth A.,Neville Town Clerk • Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Village of Oreenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department `C _.__ Date: 9/C2 a (1r- signature, Received By Title: �r � ' Please•print name DUPLICATE TO n SIGNED AND RETURNED TO • SOUTHOLD TOWN CLERK 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 U City RI Town of SOUTHOLD U Village Local Law No. 8 of the year 2015 . fA Local Law entitled, A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses Be it enacted the Town Board of the: A U County U City ift Q Town of SOUTHOLD L3Village I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. Unless otherwise expressly stated,the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged(or latest edition). AQUACULTURE- The cultivation,planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE.-Any form of aquaculture that does not take place in a natural body of water or marine environment. (If additional space is needed,attach pages the same size as this sheet,and number each.) DOS-239(Rev.05/05) 1 MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures,. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter,have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition).. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: 2 r A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1)hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, forany purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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. 3 (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. 8 of 20 15 . of the (County)(City)(Town)(Village)of SOUTHOLD was duly passed by the TOWN BOARD on September ak. ,20 15 , 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. 4 i • i 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. anZUizez, Clerk of the County legislative body. City. Town or (Seal) Village Clerk or officer designated by local legislative body Elizabeth A.Neville,Town Clerk Date: September 28,2015 (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 contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed h reto. iB-"*"\...OiNd ''''.\9/1) b....,......_ Signature William Duffy,Town Attorney Stephen F.Kiely,Assistant Town Attorney Title County City Town of SOUTHOLD Village Date: September 28,2015 5 T Southold Town Board - Letter Board Meeting of September 22, 2015 gUffO(, - RESOLUTION 2015-796 Item# 5.5 (C01°'� ADOPTED DOC ID: 11156 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2015-796 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22,2015: - = WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled"A Local Law in . relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"; and • WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: - ' LOCAL LAW NO.8 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: - §219-4. Definitions. - For the purpose of this Chapter, the terms used herein are defined as follows: Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, Generated September 23, 2015 Page 13 ' - t Southold Town Board - Letter Board Meeting of September 22, 2015 have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE The cultivation, planting, containment or harvesting of AQUACULTURE - The cultivation,planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including-finfish, shellfish, mollusks., . crustaceans and seaweed. LAND BASED AQUACULTURE-Anyform of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs;racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated,the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged(or latest edition). AQUACULTURE - The cultivation,planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish,mollusks, crustaceans and seaweed. - LAND BASED AQUACULTURE' Any form of aquaculture that does not take place in a natural body of water or marine environment. , MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs,racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,. for'any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: - (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. . Generated September 23, 2015 Page 14 a ' Southold Town Board- Letter Board Meeting of September 22, 2015 (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. - Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1)hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which _ meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. • (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and hereof, are subject to site plan approval by the- Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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 Generated September'23, 2015 Page 15 Southold Town Board- Letter Board Meeting of September 22, 2015 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. Elizabeth A. Neville Southold Town Clerk ' RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman .. SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated September 23, 2015 Page 16 • Southold Town Board - Letter Board Meeting of September 22, 2015 5UFF0(,� RESOLUTION 2015-795 Item# 5.4 ADOPTED DOC ID: 11182 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-795 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22, 2015: 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture"Uses" 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. Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] ' MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell - • Generated September 23, 2015 Page 12 Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Monday, September 28, 2015 11:07 AM To: Rudder, Lynda Subject: RE: LL#8.docx Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner. (Please note that legislation that is posted under"New Laws" in eCode360®will appear exactly as submitted to General Code.) All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersuppngeneralcode com 1 g°" "`°A - RESOLUTION 2015-796 my00a ADOPTED DOC ID: 11156 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-796 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22,2015: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 219, Shellfish and Other Marine Resources, and Chapter 280,Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 8 of 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: Unless otherwise expressly stated,the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). - Resolution 2015-796 Board Meeting of September 22, 2015 AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. Updated: 9/8/2015 3:01 PM by Lynda Rudder Page 2 Resolution 2015-796 Board Meeting of September 22, 2015 §280-58. Use regulations In the LIO District;no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses: The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet t the following standards: Lai Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. &280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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. Elizabeth A. Neville Updated: 9/8/2015 3:01-PM by Lynda Rudder Page 3 Resolution 2015-796 Board Meeting of September 22,2015 Southold Town Clerk ' RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman , AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 9/8/2015 3:01 PM by Lynda Rudder Page 4 Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Monday, September 28, 2015 11:07 AM To: Rudder, Lynda Subject: RE: LL#8.docx Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be processed in the usual manner (Please note that legislation that is posted under"New Laws" in eCode3600 will appear exactly as submitted to General Code.) All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e-mail Customer Service. General Code 1-800-836-8834 ersupp(a�generalcode.com 1 i Southold Town Board - Letter Board Meeting of September 8, 2015 : '°"° `°1 RESOLUTION 2015-792 Item# 5.27 %**" TABLED DOC ID: 11156 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-792 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 8, 2015: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter,the terms used herein are defined as follows: Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, Generated September 9, 2015 Page 33 p Southold Town Board - Letter Board Meeting of September 8, 2015 have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE The cultivation,planting, containment or harvesting of shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in water filling or dredging or the construction of any water regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. Generated September 9, 2015 Page 34 Southold Town Board - Letter Board Meeting of September 8, 2015 (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1)hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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 Generated September 9, 2015 Page 35 a Southold Town Board - Letter Board Meeting of September 8, 2015 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. ,,,a,e4462: ,v;ih. Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 9/22/2015 4:30 PM MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated September 9, 2015 Page 36 Southold Town Board - Letter Board Meeting of June 16, 2015 RESOLUTION 2015-579 Item# 5.46 6,0* TABLED DOC ID: 10956 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-579 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 16,2015: 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. x,67,40dIP Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 6/30/2015 4:30 PM MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 17, 2015 Page 66 Southold Town Board - Letter Board Meeting of June 30, 2015 °, RESOLUTION 2015-578 Item# 5.5 WITHDRAWN DOC ID: 10955 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-578 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30,2015: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of June, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" 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 14th day of July, 2015 at 7:32 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. • For the purpose of this Chapter, the terms used herein are defined as follows: Generated July 1, 2015 Page 15 I Southold Town Board - Letter Board Meeting of June 30, 2015 Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE -The cultivation,planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, including finfish, shellfish,mollusks, crustaceans and seaweed., and the installation of cribs,racks and in-water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water-regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish,mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations. In the A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. Generated July 1, 2015 Page 16 s Southold Town Board - Letter Board Meeting of June 30, 2015 (7) In the A-C District only land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 5 acres. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any property line. (c) Any land based aquaculture operation shall take place in a fully enclosed structure. (d) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure where the land based aquaculture takes place for the direct marketing of its products. (e) Land based aquaculture operations shall be subject to site plan approval by the Planning Board. (f) Any land based aquaculture operation shallatall times maintain any and all __ permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-58. Use regulations. In the LIO District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-62. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: Generated July 1, 2015 Page 17 Southold Town Board - Letter Board Meeting of June 30, 2015 A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c)Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. 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. £ 4f4 Elizabeth A. Neville Southold Town Clerk RESULT: WITHDRAWN [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated July 1, 2015 Page 18 Southold Town Board - Letter Board Meeting of June 30, 2015 ga41 Su";`r`°°�`� RESOLUTION 2015-579 Item# 5.6 ,aa • WITHDRAWN DOC ID: 10956 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2015-579 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30,2015: 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. (241e$4467.4g'e;th' Elizabeth A.Neville Southold Town Clerk RESULT: WITHDRAWN [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated July 1, 2015 Page 19 t- Southold Town Board - Letter Board Meeting of June 16, 2015 S°"�`"`°� RESOLUTION 2015-578 Item# 5.45 °,*-�"; TABLED DOC ID: 10955 o THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-578 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 16,2015: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of June, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" 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 14th day of July, 2015 at 7:32 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE,IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: Generated June 17, 2015 Page 62 1 Southold Town Board - Letter Board Meeting of June 16, 2015 Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE - The cultivation, planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in-water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water-regulating structures. AQUACULTURE - The cultivation,planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations. In the A-C, R-80, R-120, R-200 and R-400 Districts,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. Generated June 17, 2015 Page 63 Southold Town Board - Letter Board Meeting of June 16, 2015 (7) In the A-C District only land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 5 acres. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any property line. (c) Any land based aquaculture operation shall take place in a fully enclosed structure. (d) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure where the land based aquaculture takes place for the direct marketing of its products. (e) Land based aquaculture operations shall be subject to site plan approval by the Planning Board. (f) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-58. Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1)hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a)Any land based aquaculture operation shall take place in a fully enclosed structure. (b)Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c) Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. §280-62. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: Generated June 17, 2015 Page 64 Southold Town Board - Letter Board Meeting of June 16, 2015 A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (c)Any land based aquaculture operation shall at all times maintain any and all permits, licenses and/or any other approvals required by Federal, State and County authorities. 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. egi.144CITre-§, g Elizabeth A. Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 6/30/2015 4:30 PM MOVER: Scott A. Russell, Supervisor SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 17, 2015 Page 65 RECEIVED SEP 1 5 2015 390 Henry's Lane Peconic, NY 11958 Southold Town Clerk September 9,2015 Supervisor Scott A. Russell &Town Board Members Southold Town Hall 53095 Main Rd. SEP 4 2015 SUPERVISOR'S OFFICE Southold, NY 11972 TOVVN OF SOUTHOLD Dear Supervisor&Town Board: Enclosed please find a copy of correspondence addressed to you from the Southold Town Agricultural Advisory Committee,dated January 9,2015.This letter is from Chris Baiz, Chairman,Southold Town Agricultural Advisory Committee, and written on official Town of Southold stationary. I would like this letter entered into the correspondence regarding"Local Law No.2015" Aquaculture Uses". If possible can you please read this letter at the future Public Hearings regarding this law. Sincerel , John Skabry Chris Raiz,Chairman • Southold,New York 11971 ECaren)vara x a. r Doug Cooper . " John B.Sepenosicn ��( .:�` " John P.Sep Pm Glover Leander Glover Toni Stevenson AGRICULTURA/F ADVISORY COMMITTEE Rof,Van Bourgondiem Town Board Liaison JAN 13 January 9,2015 ,. Mr.Scott Russell,Supervisor SUPERVISOR'S OFFICE Members of the Town Board TOWN OF SOUTHOLD The face of agriculture is changing very rapidly,especially here in the Town of Southold.The one constant in agriculture is change,as it continues to reach for economic viability. The Agricultural Advisory Committee to the Town Board of Southold works at anticipating these changes.These changes enhance the concept of diversity,which in a small,high cost,agricultural community as it exists in Southold, is essential to survival and growth of agriculture and the continued existence of the Town's agricultural lands.The committee more than five years ago,recognizing the need for inclusiveness in all forms of agricultural products, including aquaculture and maricuJture,found it necessary to introduce language that would protect all current and future crops introduced here by adding the words in the Code"fncluding but not limited to....". in the Committee's work on"Southold 20/20"some three to four years ago regarding aquacultureimariculture,it had been anticipated that such forms of agriculture would not only be situated in the Town,s waters,but also as agriculture products grown to land based tanks,both open-air and in greenhouse type structures.Currently,oysters and other shellfish are raised in such a manner.There had once been an effort to raise lobster in land-based tanks, as well. Unequivocally,the introduction of land-based shrimp crop blending greenhouse technology and fishery tank technology is fully found bona-vide agriculture.While this is the first application to raise shrimp in Southold,this blended technology is practiced and used throughout the world.More than ntnety percent of all fish(shelJ, crustacean,and fin)consumed in the world is now farmed.And 2014 was the first year in which the fish farmed harvests of the world exceeded by weight all meat production. Additionally,by Code,agriculture by operation,is allowed in all zones from R-40,R-80,on up to NC in the Town of Southold.To selectively restrict certain agricultural crops from one or more of these zones would be construed as u n reasonably restrictive. Likewise,the use of farm land preservation funds to restrict a parcel of land from being used in agricuitur.e—5 contradictory. Respectfully,on behalf of the Agricultural Advisory Committee, 4 fim Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment September 15,2015 Town of Southold RECE9VED 53095 Main Road P.O.Box 1179 SEP 2 4 2015 Southold,NY 11971 Attn: Elizabeth Neville Southold Town Clerk Applicant: Town of Southold Zoning Action: Local Law No. of 2015 Amendments to Chapter 219, Shellfish And other Marine Resources, and Chapter 280 Zoning in connection with Aquaculture Uses S.C.P.D.File No.: SD-15-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 / 4010 •Andrew P.Frel;. g Chief Planner APF/cd LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th Fl • P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 IN (631)853-5191 MAILING ADDRESS: PLANNING BOARD MEMBERS "10 S0045,- P.O.Box 1179 DONALD J.WILCENSHI o 4Q� 04 Southold,NY 11971 Chair , * lc OFFICE LOCATION: WILLIAM J.CREMERS co ' Town Hall Annex PIERCE RAFFERTY % -k? 54375 54375 State Route 25 JAMES H.RICH III ® 1 ✓ �l� ,Ill (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COUNT ' p, Southold,NY , Telephone: 631 765-1938 www.southoldtovvnny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth A. Neville, Town Clerk SEP - 8 2015 From: Donald J. Wilcenski, Chairman southcld Town Clerk Members of Planning Board Date: August-31, 2015 Re: A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" Thank you for the opportunity to provide comments on the above referenced proposed Local Law. The Planning Board supports the adoption of this legislation with the following comments: 1. The setbacks to agricultural operations from the structure to contiguous parcels as established in the section (b) below, should be reduced to 50' if: a. the contiguous parcel is protected; b. in agricultural use; c. and single family residence(s) are not located within 200'. "(b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel." cc: Scott Russell, Town Supervisor Members of the Town Board Assistant Town Attorney ���" MAILING ADDRESS: PLANNING BOARD MEMBERS x•11 ®F S0O. - P.O.Box 1179 DONALD J.WILCENSKI /4.C?� ®l® Southold,NY 11971 Chairg; OFFICE LOCATION: WILLIAM J.CREMERS c#, Town Hall Annex PIERCE RAFFERTY a� , 54375 State Route 25 JAMES H.RICH III e® (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR L®UN� `� �� Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Scott Russell, Supervisor SEP _ 8 2015 Members of the Southold Town Boar Southold Town Clerk From: Mark Terry, Principal Planner LWRP Coordinator Date: September 8, 2105 Re: A Local-Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish .and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". 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(20) and 617.5(c)(27) , the action, as proposed, is a Type II action and therefore not subject to SEQRA review. 617.5(c)(20) "routine or continuing agency administration and management, not including new program_s or major reordering of priorities that may affect the environment;" 617.5(c)(27) "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list" Cc: William Duffy, Town Attorney c • 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 17th day of August , 2015, 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. PH for Aquaculture 9/22/15 7:32 pm CL,YlpAgAii d lizabeth A. Neville Southold Town Clerk Sworn before me this 17th day of Au ust 15. I . .A.. (,Notary Public #12391 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 20th day of August, 2015. Principal Clerk , Ort,'_ Sworn to before me this ai,1 dayof �_� 1 . u15. .A A CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commission Expires February 28, 2016 [.ter,have the iiieanings as herein defined ation shall take place in a fully enclosed { r Any word=-obi i term not noted below structure ; c'shall be-used with a meaning as defined (b)Any land based aquaculture op- 1•in Webster's Third New International eration shall be entitled to a retail area Dictionary of the Enelish Langua a un- -not more than 10% of the gross floor ' r abridged(or latest edition). - area of the structure that the land based AOUACULTURE-The cultivation aquaculture takes place for the direct LEGAL NOTICE --_, planting, containment or harvesting of marketing of its products. NOTICE OF PUBLIC HEARING products that are naturally produced in - III. SEVERABILITY NOTICE IS HEREBY GIVEN there-_ freshwater-or marine environments,in- , If any clause, sentence, paragraph, has been presented to the Town Board cluding finfish.shellfish,mollusks.crus- section,or part of this Local Law shall of the Town of Southold,Suffolk County, taceans and seaweed. be adjudged by any court of competent • New York,on the 14th day of July,2015, LAND BASED AOUACULTURE- jurisdiction to be invalid,the judgment' a Local Law entitled "A Local Law in Any form of aquaculture that does not shall not affect the validity of this law as i • relation to Amendments to Chapter 219, take place in a natural body'of water or a whole or any part thereof other than Shellfish and Other Marine Resources, marine environment. the part so decided to be unconstitution- I ' and Chapter 280,Zoning•in connection MARICULTURE - Aquaculture ''al or invalid. - with Aquaculture Uses":AND that does take place in natural bodies of ' IV. EFFECTIVE DATE NOTICE is hereby further given that water and marine environments melud- This Local Law shall take effect im- the Town Board of the Town of Southold in$ the installation of cribs,racks and mediately upon filing with the Secretary will hold a public hearing on the afore- other in-water structures. of State as provided by law. said Local Law at the Southold Town • §280-13. Use regulations Dated: July 14,2015 ' I Hall,53095 Main Road,Southold,New In the A-C'District, no building or BY ORDER OF _ York,on the 8th day of September,2015 premises shall'be used and no building THE TOWN BOARD r Iat 7:32 p.m.at which time all interested or part of a,buddingshall be erected or OF THE TOWN OF SOUTHOLD I persons will be given an opportunity to altered which-is arranged,intended or Elizabeth A.Neville' I be heard. - ' - _ designed to be used,in whole or in part, Southold Town Clerk I j The proposed Local Law entitled,"A for any uses except the following. 123__91-1T 8/20 _ _ u___ Local Law in relation to Amendments to -A.Permitted uses. • Chapter 219,Shellfish and Other Marine (7) Land based aquaculture opera- y a - Resources,and Chapter 280,Zoning,in tions including research and develop- connection with Aquaculture Uses" ment which 'meet the following stan- i reads as follows: dards , , LOCAL LAW NO. 2015 -_ . (a) The land based aquaculture op- A Local Law entitled,"A Local Law erations shall be on a parcel that is at in relation to Amendments to Chapter least 7 acres owned by the land based ! 219, Shellfish and Other Marine Re- aquaculture operator. - I sources, and Chapter 280, Zoning,-in ,(b)The structures used for land based J - - - connection with Aquaculture Uses". aquaculture operations shall be set back I' - BE IT ENACTED"by the Town a minimum of 100 feet from any road "I Board of the Town of Southold as fol- and 200 feet from any contiguous parcel- ; lows: (c)any land based aquaculture opera-',j L Purpose. tion shall take place in a fully enclosed-' /Aquaculture is one of the fastest structure growing industries m the world with al- (d) any land based aquaculture op- I ready 50%of seafood consumed world- eration shall be entitled to a retail area `] wide being produced through aquacul- not more than 10% of the,gross floor " tire. The Town of Southold has large area of the structure that the land based I l-areas suitable for the development of aquaculture takes'place-for the direct'I land based aquaculture. The purpose of -marketing of its products. ,'-this local law is to provide for the orderly je) land based aquaculture opera- I development of land based aquaculture tions shall be subject to site plan approv- j within the Town of Southold. al by the Planning Board. II. Chapters 219 and 280 of the Code §280-58.Use regulations of the Town of Southold are hereby - - In the LIO District,no building or "i _amended as follows: premises shall be used and no building - I §219-4. Definitions. - , ' ,or part of a building shall be erected or - _ -_ _ - '•-: ••: , ' altered which is arranged, intended or • : • • : designed to be used,in whole or in part, - Unless otherwise expressly stated•the for any purpose except the following. I following terms shall,for the purpose of A. Permitted uses. The following this Chapter.have the meanings as here- uses are permitted uses and,except for - in defined. Any word or term not noted those uses permitted under subsection below shall be used with a meaning as ' A(1)hereof,are subject to site plan ap- defined in Webster's Third New Inter--- proval by the Planning Board: 4 • .•-.. F.1„,.F•-•caid,T..n .(1 7) T and based aquaculture opera- f guage,unabridged(or latest edition). tions including research and develop-' ,' vRE/MA 'c+ ment which meet the following stan- I ' „ .••.' ... •: dards: I fa)Any land based aquaculture oper- j ation shall take place in a fully enclosed l' ._, •, ... • • • ••• • ' -- structure. -- -{ - . • , • (b)Any land based aquaculture op- eration shall be entitled to a retail area •. •' - not more than 10% of the gross floor'-• area of'the structure that the land bused •• • _ - aquaculture takes place for the direct 'marketing of its products. water•regulating-struefttres: §280-62.AOUACULTURE-The cultivation, 'In The LII'District,se linos building, or iF planting, containment or harvesting of premises shall'be used and no building ; - products-that are naturally produced in."'or part of a building shall be erected or •,' freshwater or marine environments,in- altered which is arranged, intended or eluding finfish,shellfish,mollusks,crus- designed to-be used;in whole or in part, taceans and seaweed. - for any purpose except the following: LAND BASED AOUACULTURE- A. Permitted uses. The following, • Any form of aquaculture that does not uses are permitted uses and,except_for ' take place in a natural body of water or those uses permitted under Subsection 1 marine environment. A 1 and.(2_hereof'are subject to site r, ' MARICULTURE - Aquaculture plan approval by the Planning Board• -I that does take place in natural bodies of f 16y Land based aquaculture opera- - - , ' water and marine environments includ- - tions including research and develop- , ing the installation of cribs,racks and ment•which meet the following star- ' other in-water structures. - dards: §280-4. Definitions.- ' (a)Any land based aquaculture oper- B. Definitions and Usages. Unless ° otherwise expressly stated,the fnllowinR`1 (1(1)1 RECEIVED • ti •r 70 NAUG 2 7 2015 Steven Bellone SUFFOLK COUNTY EXECUTIVE Southold Town Clerk Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment August 24,2015 Town of Southold 53095 Main Road P.O.Box 1179 Southold,NY 11971 Attn: Elizabeth Neville Applicant: Town of Southold Zoning Action: Local Law No. of 2015 Amendments to Chapter 219, Shellfish And other Marine Resources, and Chapter 280 Zoning in connection with Aquaculture Uses S.C.P.D.File No.: SD-15-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 Andrew P. Frele-g Chief Planner APF/cd LEE DENNISON BLDG • 100 VETERANS MEMORIAL HWY,4th Fl • P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 •(631)853-5191 / RECEIVED f y+z r• ':i' --� .`n JUL 3 0 2015 '' 19�" Steven Bellone Southold Town Clerk SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Division of Planning and Environment July 27,2015 Town of Southold 53095 Main Road P.O.Box 1179 Southold,NY 11971 Attn: Elizabeth A.Neville Applicant: Town of Southold Zoning Action: Adopted Resolution 2015-659&660 Shellfish and Other Marine Resources and Chapter 280 Aquaculture Uses SCTM No.: N/A S.C.P.D.File No.: SD-15-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 Aoporr 7_ Andrew P.Freleng 40 Chief Planner APF/cd LEE DENNISON BLDG • 100 VETERANS MEMORIAL HWY,4th Fl ■P.O.BOX 6100 is HAUPPAUGE,NY 11788-0099 is(631)853-5191 SUMMARY OF LUAMENDMENTS TO CHAPTERS 219 & 280 AQUACULTURE USES THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF THIS EVENING'S PUBLIC HEARING AMENDS CHAPTERS 219 ENTITLED "SHELLFISH AND OTHER MARINE RESOURCES" AND 280 ENTITLED "ZONING" OF THE SOUTHOLD TOWN CODE. THE PURPOSE OF THE AMENDMENTS IS TO PROVIDE CONSISTENT DEFINTIONS OF TERMS RELATING TO THE AQUACULTURE INDUSTRY THROUGHOUT THE SOUTHOLD TOWN CODE AND TO ALLOW FOR LAND BASED AQUACULTURE IN CERTAIN ZONING DISTRICTS. SECTIONS 219-4 AND 280-4 PROVIDE CONSISTENT DEFINITIONS FOR THE TERMS AQUACULTURE, LAND BASED AQUACULTURE AND MARICULTURE. SECTIONS 280-13, 280-58 AND 280-62 ALLOW FOR LAND BASED AQUACULTURE IN THE A-C ZONING DISTRICT, LIO ZONING DISTRICT AND LI ZONING DISTRICT. THE AMERNDMENTS FURTHER PROVIDE THAT IN THE A-C DISTRICT, LAND BASED AQUACULTURE OPERATIONS MUST BE ON PARCELS THAT ARE SEVEN ACRES IN SIZE OR LARGER AND MUST BE SET BACK AT LEAST 100 FEET FROM ANY ROAD AND 200 FEET FROM ANY CONTIGUOUS PARCEL. SECTIONS 280-13, 280-58 AND 280-62 REQUIRE THAT LAND BASED AQUACULTURE OPERATIONS MUST TAKE PLACE IN FULLY ENCLOSED STRUCTURES, AND WILL BE SUBJECT TO SITE PLAN APPROVAL BY THE PLANNING BOARD. THE AMENDMENTS ALSO ALLOW FOR A RETAIL AREA WITHIN A LAND BASED AQUACULTURE OPERATION FOR THE DIRECT MARKETING OF THE PRODUCTS OF THAT AQUACULTURE OPERATION. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14t day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"; AND NOTICE is hereby further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 8th day of September,2015 at 7:32 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter,the terms used herein are defined as follows: Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Languages unabridged (or latest edition). AQUACULTURE/MARICULTURE The cultivation, planting, containment or harvesting of shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE-The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: La) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1)hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. • (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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. provided by law. Dated: July 14, 2015 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk * Please publish on AUGUST 20,2015 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P 0 Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Monday,August 17, 2015 8:58 AM To: Rudder, Lynda;Jim Dinizio; Beltz, Phillip; Cushman, John; Doherty,Jill; Duffy, Bill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Michaelis, Jessica; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;Tracey Doubrava;William Ruland Subject: Re: aquaculture for publication This notice has been scheduled for publication in the Suffolk Times on 8/20/2015. Thank you L:7-- TIMES'\ ;REVIEW MEDIA GROUP Cerria Orientale Torres • Display Ad Coordinator 631.354.8011 (D) ctorres@timesreview.com lecials@timesreview.com www.timesreview.com From:<Rudder>, Lynda Rudder<lynda.rudder@town.southold.nv.us> Date:Sunday,August 16, 2015 10:46 AM To:Jim Dinizio<jim@iamesdinizio.com>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman,John" <John.Cushman@town.southold.ny.us>, "Doherty,Jill" <rill.doherty@town.southold.ny.us>, "Duffy, Bill" <billd@southoldtownny.gov>, "Ghosio, Bob"<bob.ghosio@town.southold.ny.us>, "Kiely,Stephen" <stephen.kiely@town.southold.ny.us>, "Krauza, Lynne" <lynne.krauza@town.southold.ny.us>, Louisa Evans <Ipevans06390@gmail.com>, "Michaelis,Jessica"<iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>,Times Review <tdoubrava@timesreview.com>,William Ruland <rulandfarm@yahoo.com> Subject: aquaculture for publication Please publish in the 8/20 edition of the Suffolk Times and the Town website,thank you. 1 Rudder, Lynda From: Reisenberg, Lloyd Sent: Monday, August 17, 2015 10:17 AM To: Rudder, Lynda Subject: RE: aquaculture for publication Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold,New York www.southoldtownny.qov Iloydr(a3southoldtownn y.qov 0: 631-765-1891 I M:631-879-1554 I 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 prohibited and may violate applicable laws including the Electronic Communications Privacy Act If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent:Sunday, August 16, 2015 10:47 AM To:Jim Dinizio; Beltz, Phillip; Cushman,John; Doherty,Jill; Duffy, Bill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans; Michaelis,Jessica; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;Tracey Doubrava (tdoubrava@timesreview.com);William Ruland Subject: aquaculture for publication Importance: High Please publish in the 8/20 edition of the Suffolk Times and the Town website,thank you. 1 Rudder, Lynda From: Rudder, Lynda Sent: Sunday, August 16, 2015 10:47 AM To: (jim@jamesdinizio.com); Beltz, Phillip; Cushman,John; Doherty,Jill; Duffy, Bill; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Louisa Evans (Ipevans06390@gmail.com); Michaelis, Jessica; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle; Tracey Doubrava (tdoubrava@timesreview.com);William Ruland Subject: aquaculture for publication Attachments: aquaculture.docx Importance: High Please publish in the 8/20 edition of the Suffolk Times and the Town website,thank you. 1 <_ - Southold Town Board - Letter Board Meeting of July 14, 2015 .UFFOLT;;�� RESOLUTION 2015-659 Item# 5.33 y'of yaa ADOPTED DOC ID: 11034 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-659 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2015: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July; 2015, a Local Law entitled"A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses"; 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 Stn day of September,2015 at 7:32 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: • §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: Generated July 16, 2015 Page 47 Southold Town Board - Letter Board Meeting of July 14, 2015 Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE/MARICULTURE The cultivation, planting, containment or harvesting of shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in water filling or dredging or the construction of any water regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE- The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE - Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: Generated July 16, 2015 Page 48 s a Southold Town Board - Letter Board Meeting of July 14, 2015 A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: Generated July 16, 2015 Page 49 Southold Town Board - Letter Board Meeting of July 14, 2015 A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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. egis/J4C? 5,-3.f.be;!Zv 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 a • • Generated July 16, 2015 Page 50 Southold Town Board- Letter Board Meeting of July 14, 2015 OF(1(eC�=� RESOLUTION 2015-661 Item# 5.35 + ADOPTED DOC ID: 11035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-661 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties." 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 11th day of August,2015 at 7:32 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 280, Zoning, in connection with Transient Rental Properties" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with Transient Rental Properties". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The Town Board of the Town of Southold has determined that with the advent of interne based "For Rent by Owner" services, there has been a dramatic increase in residential homes being rented for short periods of time. The Town Board finds that such transient rentals threaten the residential character and quality of life of neighborhoods in which they occur. Additionally, the Town Board has determined that a short-term rental, as being potentially more lucrative, will necessarily decrease the inventory of available long-term affordable rentals. Therefore, the Town Board in order to protect the health, safety and welfare of the community requires the regulation of these transient rental properties. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: §280-4. Definitions. Generated July 16, 2015 Page 52 , Southold Town Board - Letter Board Meeting of July 14, 2015 TRANSIENT RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or a family member of the owner, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for a period of less than fourteen (14) nights. For the purposes of this Chapter, the term Transient Rental Property shall mean all non- owner occupied, single-family residences, two-family residences, and townhouses rented for a period of less than fourteen(14) nights and shall not include: 1. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. 2. A dwelling unit located on Fishers Island, due to the unique characteristics of the Island, including the lack of formal lodging for visitors. The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: 1. The dwelling unit is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like; or 2. The dwelling unit is offered for lease in any medium for a period of less than fourteen (14) nights. The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer for the Town of Southold that the dwelling unit is not a transient rental property. §280-111. Prohibited uses in all districts. A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or Generated July 16, 2015 Page 53 C Southold Town Board - Letter Board Meeting of July 14, 2015 prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber(natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public Generated July 16, 2015 Page 54 r Southold Town Board - Letter Board Meeting of July 14, 2015 nuisance, hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of- way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient Rental Properties. §280-155. Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits,takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. B. Notwithstanding the foregoing, any violation of§§280-13A(6), 280-13B(13), 280-13D, and 280-111(j) are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than$8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than$3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violations shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of the occupancy. III. SEVERABILTTY 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. Generated July 16, 2015 Page 55 r' f , Southold Town Board - Letter Board Meeting of July 14, 2015 IV. EFFECTIVE DATE This Local Law shall take effect sixty (60) days after its filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated July 16, 2015 Page 56 R Neville, Elizabeth From: Neville, Elizabeth Sent: Monday,July 20, 2015 4:03 PM To: Doherty,Jill; Duffy, Bill;Ghosio, Bob;James Dinizio; Kiely, Stephen; Krauza, Lynne; Lauren Standish; Louisa Evans; Neville, Elizabeth; Phillip Beltz; Rudder, Lynda (lynda.rudder@town.southold.ny.us); Russell, Scott;Tomaszewski, Michelle;William Ruland Cc: Lanza, Heather Subject: Emailing: Referral LL PH Aquacultu_20150717184305 Attachments: Referral LL PH Aquacultu_20150717184305.pdf FYI Elizabeth A. Neville, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Your message is ready to be sent with the following file or link attachments: Referral LL PH Aquacultu_20150717184305 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 ELIZABETH A.NEVILLE,MMC ��� ® �®� Town Hall,53095 Main Road Asy� P.O Box ]179 I®V6'N CLERK ew , Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; Fax s� Fax(631)765-6145 MARRIAGE OFFICER ®� ��� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ' fiei j ��,��� www southoldtownny.gov FREEDOM OF INFORMATION OFFICER .�� .,,,''� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 17,2015 Re: Resolution Numbers 2015- 659&660"A Local Law in Relation to Amendments to Chapter 219, Shellfish and Other Marine Resources and Chapter 280 Zoning,in connection with Aquaculture Uses 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 July 14,2015 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 7:32PM,Tuesday,September 8,2015 Please do not hesitate to contact me,if you have any questions. Thank you. Very truly yours, - 1na,za jje, • Eliza vOth A. Neville Southold Town Clerk Enclosure cc:Town Board � e slafFOL ' ELIZEIBE1'H A.NLVILLL,IVIIVIC11 � • Vii,,. Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 4� , Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 3 V , V��� Fax(631)765-6145 MARRIAGE OFFICER /r Telephone(631)765-1800 /11 RECORDS MANAGEMENT OFFICER ' I 4. www.southoldtownny.gov _ ® 1 FREEDOM OF INFORMATION OFFICER .��,,,,,.•/ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 17,2015 Re: Resolution Numbers 2015- 659&660"A Local Law in Relation to Amendments to Chapter 219, Shellfish and Other Marine Resources and Chapter 280 Zoning,in connection with Aquaculture Uses of the Town of Southold, New York 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 July 14,2015 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 Southold Town Planning Board for their review. The date and time for this public hearing is 7:32PM,Tuesday,September 8,2015 Please do not hesitate to contact me,if you have any questions. Thank you. Very truly yours, i Elizabeth A. Neville Southold Town Clerk Enclosure cc:Town Board eze RESOLUTION 2015-660 'N V5#4, 4, � / `� a ADOPTED DOC ID: 11033 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2015-660 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses,"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. jas4,4027,,,,i,,,.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland,Doherty,Evans, Russell RESOLUTION 2015-659 V.(0, ADOPTED DOC ID: 11034 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-659 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2015: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning,in connection with Aquaculture Uses"; 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 8th day of September, 2015 at 7:32 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this C .: - - rms used herein are defined as follows: Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, • •�r Resolution 2015-659 Board Meeting of July 14, 2015 unabridged (or latest edition). • ! - • - _ P.- • . _ - E The cultivation,planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, in ..• _ _ , - . , . .. . ' water structures for cultivating such products. , but excluding the construction-of any building, any filling or dredging or the construction of any water-regulating structures. ASUACULTURE-The cultivation .lantin. containment or harvestin. of products that are naturally produced in freshwater or marine environments, including finfish, shellfish,mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE-Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE-Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs,racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated,the following terms shall,for the purpose of this Chapter,have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language,unabridged (or latest edition). • AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish,mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE-Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE -Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs,racks and other in-water structures. §280-13. Use regulations In the A-C District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. Updated: 7/14/2015 3:30 PM by Lynda Rudder Page 2 Resolution 2015-659 Board Meeting of July 14, 2015 (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based-aquaculture operation shall take place in a fully enclosed structure. Updated: 7/14/2015 3:30 PM by Lynda Rudder Page 3 Resolution 2015-659 Board Meeting of July 14, 2015 (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10%of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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. 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 Updated: 7/14/2015 3-30 PM by Lynda Rudder Page 4 ELIZABETH A. NEVILLE,MMC ��r y®�',�? ,0 Town Hall,53095 Main Road TOWN CLERK `' ; P.O.Box 1179 t % Southold,New York 11971 REGISTRAR OF VITAL STATISTICS �° `' Fax(631)765-6145 MARRIAGE OFFICER y ®rj.0 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 0�. � www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 17, 2015 Re: Resolution Numbers 2015- 659&660"A Local Law in Relation to Amendments to Chapter 219, Shellfish and Other Marine Resources and Chapter 280 Zoning, in connection with Aquaculture Uses 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 July 14,2015 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 7:32PM,Tuesday,September 8,2015 Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, 1.�.na_ua Eliza idth A. Neville Southold Town Clerk Enclosure cc:Town Board �/•iii B��� ofFo et ELIZABETH A.NEVILLE,MMC ���y®� `;y �y Town Hall,53095 Main Road TOWN CLERK ' � P.O.Box 1179 Southold,New York 11971 Pry REGISTRAR OF VITAL STATISTICS ; c 4 Ads 1, Fax(631)765-6145 MARRIAGE OFFICER �� ° "' •� Telephone(631)765-1800 RECORDS MANAGEMENT ONN10ER :_ ®.1 •,o� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,,,,.•• OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 17, 2015 Re: Resolution Numbers 2015- 659&660"A Local Law in Relation to Amendments to Chapter 219, Shellfish and Other Marine Resources and Chapter 280 _ Zoning, in connection with Aquaculture Uses of the Town of Southold, New York 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 July 14, 2015 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 of-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 7:32PM,Tuesday,September 8,2015- Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, aitZXt40.netaL Elizabeth A. Neville Southold Town Clerk Enclosure cc:Town Board • 6°"��`�� RESOLUTION 2015-659 f+7aa ADOPTED DOC ID: 11034 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-659 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14,2015: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14th day of July, 2015, a Local Law entitled "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning,in connection with Aquaculture Uses"; 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 8th day of September, 2015 at 7:32 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses" reads as follows: LOCAL LAW NO. 2015 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Aquaculture is one of the fastest growing industries in the world with already 50% of seafood consumed worldwide being produced through aquaculture. The Town of Southold has large areas suitable for the development of land based aquaculture. The purpose of this local law is to provide for the orderly development of land based aquaculture within the Town of Southold. II. Chapters 219 and 280 of the Code of the Town of Southold are hereby amended as follows: §219-4. Definitions. For the purpose of this Chapter, the terms used herein are defined as follows: Unless otherwise expressly stated,the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, Resolution 2015-659 Board Meeting of July 14, 2015 unabridged (or latest edition). AQUACULTURE/MARICULTURE The cultivation, planting, containment or harvesting of products that naturally are produced in the freshwater or marine environments, including f nfislr, shellfish, mollusks, crustaceans and seaweed., and the installation of cribs, racks and in water structures for cultivating such products. , but excluding the construction of any building, any filling or dredging or the construction of any water regulating structures. AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs,racks and other in-water structures. §280-4. Definitions. B. Definitions and Usages. Unless otherwise expressly stated,the following terms shall, for the purpose of this Chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AQUACULTURE - The cultivation, planting, containment or harvesting of products that are naturally produced in freshwater or marine environments, including finfish, shellfish, mollusks, crustaceans and seaweed. LAND BASED AQUACULTURE -Any form of aquaculture that does not take place in a natural body of water or marine environment. MARICULTURE - Aquaculture that does take place in natural bodies of water and marine environments including the installation of cribs, racks and other in-water structures. §280-13. Use regulations In the A-C District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (7) Land based aquaculture operations including research and development which meet the following standards: (a) The land based aquaculture operations shall be on a parcel that is at least 7 acres owned by the land based aquaculture operator. Updated: 7/14/2015 3:30 PM by Lynda Rudder Page 2 Resolution 2015-659 Board Meeting of July 14, 2015 (b) The structures used for land based aquaculture operations shall be set back a minimum of 100 feet from any road and 200 feet from any contiguous parcel. (c) any land based aquaculture operation shall take place in a fully enclosed structure. (d) any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. (e) land based aquaculture operations shall be subject to site plan approval by the Planning Board. §280-58. Use regulations In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under subsection A(1) hereof, are subject to site plan approval by the Planning Board: (17) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. §280-62. Use regulations In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2) hereof, are subject to site plan approval by the Planning Board: (16) Land based aquaculture operations including research and development which meet the following standards: (a) Any land based aquaculture operation shall take place in a fully enclosed structure. Updated: 7/14/2015 3:30 PM by Lynda Rudder Page 3 Resolution 2015-659 Board Meeting of July 14, 2015 (b) Any land based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure that the land based aquaculture takes place for the direct marketing of its products. 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. • 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 Updated: 7/14/2015 3:30 PM by Lynda Rudder Page 4 aRESOLUTION 2015-660 '� ADOPTED DOC ID: 11033 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-660 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 14, 2015: 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 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses,"to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell ELIZABETH A.NEVILLE,MMC e'Lkr :a ®may Town Hall,53095 Main Road TOWN CLERK s ; PO.Box 1179 ® 4s a4 a Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ��� Fax(631)765-6145 MARRIAGE OFFICER �,� x ' NV' .1 Telephone(631)765-1800 ` RECORDS MANAGEMENT OFFICER e -0,00' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on September 8,2015 at 7:32 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources~ and Chapter 280, Zoning, in connection with Aquaculture Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Qq-94.a0 1 Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 21" ei Date: ?)467:r/7-5— 4 Signature, Recei d By iff C4 C- � . 47" Title: a--% irts Please print name / I DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC •,"����' ®4� Town Hall,53095 Main Road TOWN CLERIC ® I P,0.Box 1179 fSouthold,New York 11971 REGISTRAR OF VITAL STATISTICS %,,I® .'." $ Fax(631)765-6145 MARRIAGE OFFICER ®�0►1 ' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '--'714 `',,.16 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER .,,,...,,•0 1 FFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on September 8,2015 at 7:32 pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources and Chapter 280, Zoning,in connection with Aquaculture Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. ¢ Elizabeth abeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: 'Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department \ f/U ,ll`l, v hiWo o Date: .jA.4„,‘,.....A- / , ' C9l S igt attire, Receil/ed By (//� Pi�� I�� Title: ��/! ' _ / - P ea e print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK L , ELIZABETH A.NEVILLE,MMC ��i��® �� Town Hall,53095 Main Road TOWN CLERK ® a - ,. I P.O.Box 1179 r.v41� ' ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ;�41 t'' � Fax(631)765-6145 MARRIAGE OFFICER (it''�* Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®�'413 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER .•0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on September 8, 2015 at 7:32 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department - lDate: Signature, Received By /<-� l h tk) e.� ��(' Title: A,5-50\( Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 08/24/2015 14:03 6312835606 SOUTHAMPTON TOWN CLK PAGE 02/02 , NFEkir � ��• • Town Hall,53095 Main Road TOWN ELIZABETH A.NEVILLE,MMC `� �► • �_ . P.O.Box 1179 CLERK Southold,New York 11971 REGISTRAR OF VITAL STATISTICS : 11$ Fax(631)765-6145 MARRIAGE OFFICER * q 11� Telephone(631)765-1.800 RECORDS MANAGEMENT OFFICER = '�.0 1, i www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER "` /'II OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC REARING on the proposed Local Law listed below on 5.2p107 115.,at 7:32,pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: • A Local Law in relation to Amendments to Cha ter 219 Shellfish and Other Marine Resouxcest and Chapter 280,,1_.Zoning,in connection with Acivacultar a Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. aid1446 Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning l,orl Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department ' `"""`dsol.44.40,4421 Date: U _tq, Signature,Received By Suh - -1'il1Q.- •RR_ • Title:30 w �C_. -� Please pr.nt name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK • RECEIVED AUG 24 2015 Southold Town Clerk t , yy,r+g�0jj ELIZABETH A.NEVILLE,MMC 4,1/ Town Hall,53095 Main Road TOWN CLERK •, t` P.O,Box 1179 2 I Southold,New Yorlc 11971 REGISTRAR OF VITAL STATISTICS " r Fax(631)765-6145 MARRIAGE OFFICER \4,4 ``�` n �+• Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '� ®.s! ' f www,southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on September 8,2015 at 7:32 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 219,Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice, Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of'Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department \\670 Date, /(9. Signature,Received By V f C.-k.( ` Title: -,13A Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK , A 'e, ,,,,"°# , ld , G°®NW . ,\ Town Hall,53095 Main Road ELIZABETH A. NEVYLLE,IVIMC , TOWN CLERK ® ., . PO. Box 1179 5 x m i' Southold,New York 11971 REGISTRAR OF VITAL STATISTICS , tFax(631)765-6145 MARRIAGE OFFICER ": gyp - ; c$c �� Telephone(63 E i ® RECORDS MANAGEMENT OFFICER ._ 04 r -O." www.southoldfownny.gov FREEDOM OF INFORMATION OFFICER ''•-y�����..•� AUG 27 2015 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Clerk August 17, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on September 8, 2015 at 7:32 pm, at the Southold Town Hall, 53095 Main Road, Southold, NY: A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA lag: of een o / , , E — lJ,i - , r EPostai] fature Recei 's by ` EHSS �� rNaG `NE�° 1 a Complete items 1,2,and 3.Alsc rU (Domestic COT Only ngt Coverage Provided) item 4 if Restricted Delivery is dl „� �www.usps.eom� ■ Print your name and address on del ue •information C L^ ®, • � so that we can return the card t( '- i ._try _' t; ,) ti '`' '1 `z` �� iF lt- ) a ■ Attach this card to the back of tl �:s: > M T Please print na a or on the front if space Ppermits.1 Pr... 11111111111ostage \)-C".L®+ Ii 1. Article Addressed to: • Certified Fee111111111111111 CO un 9 A ' 1'No nmas.b ,sits t i rl f��gstmark a Return Receipt Fee 66�� �11< Q (Endorsement Required) min ®3' CO Cd9 r� Restricted Delivery Fee (Endorsement Required) � X � 0. 930)( 0 d �I� S -:;" I v \ O Total Postage&Fees MEM 1v 1 , ^,,�v�V�e \ _ Sent To -� a- b ___ JI -- treet,Apt No, i_ /� Oft lO v -------- --------- or PD Box No�•®.- �O X_____ -------------- � City State, I ¢ 4 2. Article Number (�V _ e mil (Transfer from service label) , , pYg�qrm 3800,F+agust qon PS'Form'3811,July 2013 Domestic Return Receipt r t • ryrr Ir -..__ ELIZABETH A.NEVILLE MMC 4� +, gr� '�,����' 3=, •" \ Town I lall,53095 Main Road TOWN CLERK t ; P.O.Box 1179 Southold,New York 11971 REGISTRAR OF vrrA[„STANSTIcS ;y a }0. Fax (631)765-6145 MARRIAGE OFFICER 0 Telephone(631)765-1800 RECORDS MANAGEMENT OFF70 * '� ,tl. www.southoldtownny.gov FRRF,DOM OF INFORMATION OFFICER "--_ OFFICE OF THE rib N CLERK TOWN OF SOUTH I$LD August 17, 2 ii 15 PLEASE TAKE NOTICE that the Town Board of the Town of:,outhold will hold a PUBLIC HEARING on the proposed Local Law listed below on Se>y tember 8,2015 at 7:', , at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 219, Shel Fish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Wises ' Please sign the duplicate of this letter and return to me at your ear lest convenience in the .elf-addressed envelope. Thank you. • ) Elizabeth A. t eville Southold To 'n Clerk I Attachments cc: Suffolk County Dept of Planning Long Island 'tate Park Commission Town of Riverhead Town of Shel Email: er Island Town of Southampton Southold Bui(ding Dept Southold Planning Dept Southold Tru'tees Southold Assessors Southold ZB Village of C eenport _g_44e4(..�.�..+ r Signature, Received by "tS�END�ER`"""COMPLErTEAT IS SE&T „ti,, . -, w§E ;a, ' •.%r.'S:a."ri't' ? ;mgr '.:&„,c .«,.,.f44,40. e i,, ® Complete items 1,2,and 3.Also KR PoStra.I Service , item 4 if Restricted Delivery is desi p e 3 _ /� ® Print your name and address on tF CE RTOVELD IIL RECEEP It p LE.. _cre i N (Domestic to t (r 7 - Coverage Provided) .....,,.,..,,.,_... _ so that we can return the card to s rri Please print name 1 te Attach this card to the back of the' a -1k2 delivery { p gyvw,w.usrs.com® or on the front if space permits. 1 ' r'• i n fl i'" 1' 4 ti ll e :r 1. Article,Addressed to; - (�1 �j t�r1 Postage �$ { L.I. VCate. ici C ,.a S -kJ Certified Fee d reor' Lake V i ,, EDRetum Receipt Fee ', t`�;�, ^ O (Endorsement Required) • I ^' ® Restricted Delivery Fee ® 3',, �• `'• \�+ x 6 X 0 (Endorsement Required) .D 1\ c_b ion k1 VI I 'A Total Postage&Fees $ \ �� co ,, n 111 7 p Se T e. • Y i ir11 i 17 , 2. Article Number Str et,apt.N., or PO BoxNo. .® L 0�/ e-20 7 T IT •aOVd -�Z��, (Transfer`fromiserviceflatie`I)i II i, + i j i �.[ ,f> City,State,ZIPC- _I,� - 1 P'S Form 3811,July 2013 I L:Y] S Q— ,--Li i ' ktreral/_orifirMa t. , 08/17/2015 09:09 6317493436 S I TOWN CLERK PAGE 01 1610044. ELIZABETH A.NEVILLE,MMC o.,0Town Hall,53095 Main Road TOWN CLERK ti ; P.O.Box 1179 a� 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS igh 'r tFax(631)765-6145 MARRIAGE OFFICERy ./," Telephone(631)7665-1800 RECORDS MANAGEMENT OFFICER mit „+�, ',' www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD • August 17,2015 • PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC BEARIIh G on the proposed Local Law listed below on September8.2015 at 7;32 nm, at the Southold Town ball, 53095 Main Road, Southold,NY: A Local Law in relation to AmendmenRept. ts to Charter 219 Shellfish and Other Marine rces and Charter 280,Zoaitte. in connection with Aquaculture Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. 'Thank you. ai44��//J ''yy Elizabeth A. Neville Town Clerk Attachments . cc: Suffolk County Deyartment of Planning Long island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department 10,i/.., Date: =/7-/Si Signature, R,ece' ed By • boef.5 _5' (Sy"' . ..., Title: 70-sari Please print nan1► • DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK • • ELIZABETH A.NEVILLE,MMC �`s � �} Town Hall,53095 Main Road _• � �� P.O.Box 1 179 TOWN CLERK �y „t�k �;:' '`'m I era t'°� f, ;! Southold,New York 11971 REGISTRAR OF VITAL STATISTICS '� ,,+� �� Fax(631)765-6145 MARRIAGE OFFICER 3 'd' '' �'�p Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER `+mo o www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on September 8,2015 at 7:32 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 219,Shellfish and Other Marine Resources, and Chapter 280 Zoning, in connection with Aquaculture Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning �• Long_Island State Park Commission Email:,Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold"Town Board of Appeals Southold Town Building Department ("" 1 moi.t- ' } 1 Date: '1�~1 Signature, Received By CAtjAC IH Pl.'61— \CSCR LS Title: rtS'lt \d._-� Please print name cP1t�r1,twnot DUPLICATE TO BE SIGNED AND RETURNED TO SOUTI-TOLD TOWN CLERK i � :, yam W. Town Hall,53095 Main Road ELIZABETH A.NEVILLE,MMC � �- .�x :, .� � °i" : - '41,fi. P.O.Box 1179 TOWN CLERK , ai. c:4 r;F t,' Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 'x' :r Fax(631)765-6145 MARRIAGE OFFICER � �"� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER _ ei '.,�f www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER .,,xrx.X�"" OFFICE OF THE TOWN CLERK TOWN OF SOUTHOI.,D August 17,2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on September 8,2015 at 7:32 pill', at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 219,Shellfish and Other Marine Resources, and Chapter 280,Zoning,in connection with Aquaculture Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. �� :. .,Q � Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long.Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Cl;_da, ,� ,,, Date: 7 .90Signatu , eceived By eh2cte.111 (k0I (/ — — Title:«.31)fii G(fe/eri f. i' Please print name r DUPLICATE TO BE SIGNED AND RETURNED TO . SOUTHOLD TOWN CLERK ELIZABETH A.NEVILLE,MMC ��may® 3 Ftk Town Hall,53095 Main Road TOWN CLERK 4`,_ P.O.Box 1179 1 4, , Southold,New York 11971 REGISTRAR OF VITAL STATISTICS `4.4 � Fax(631)765-6145 MARRIAGE OFFICER = �° `_ W" �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 1 ��,�i www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER .,>,,,,,,, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 17, 2015 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on September 8, 2015 at 7:32 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to Amendments to Chapter 219, Shellfish and Other Marine Resources, and Chapter 280, Zoning, in connection with Aquaculture Uses Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm receipt of this notice. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK