HomeMy WebLinkAboutTOS RES 140 / cO ' Ur,
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Office of the Town Clerk
Diane lit Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
March 2, 2016
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution adopted by the
Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane
Wilhelm at wilhelmC townofriverheadn ov or by f. . at 631-208-4034.
Signature: i / / / s / Date: l r, �,
Town Board Meeting March 1, 2016 2:00 PM
Resolution# 140-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO ENACT CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD
TOWN CODE (§108-76. Board of Appeals powers)
Sincerely,
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Diane M. Wilhelm
Town Clerk
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200 Howell Avenue Iverhead, New York 11901- (631)727-3200 Ext 260 - Fax (631)208-4034
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Office of the Town Clerk
Diane ; Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
March 2, 2016
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution #140 which was adopted by the
Riverhead Town Board at a Regular Town Board meeting on March 1, 2016.
Resolution# 140-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO ENACT CHAPTER 108 ENTITLED "ZONING" OF THE RIVERHEAD
TOWN CODE (§108-76. Board of Appeals powers)
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm
at Ext. 260
Sincerely,
:VA,44.t. Vf 7,4 6/14_
Diane M. Wilhelm
DMW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext. 260 - Fax (631)208-4034
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Office of the Town Clerk
Diane M Wilhelm, Town Clerk
Registrar of Vital Statistics Records Management Officer Marriage Officer
March 2, 2016
Honorable Town Clerk:
Your response to this letter will acknowledge receipt of the attached resolution adopted by the
Riverhead Town Board. Kindly please sign and email back to the Riverhead Town Clerk, Diane
Wilhelm at wilhelmetownofriverheadny.gov or by fax at 631-208-4034.
Signature: Date:
Town Board Meeting March 1, 2016 2:00 PM
Resolution# 140-AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO ENACT CHAPTER 108 ENTITLED "ZONING” OF THE RIVERHEAD
TOWN CODE (§108-76. Board of Appeals powers)
Sincerely,
Agiftt
Diane M. Wilhelm
Town Clerk
DW:cd
200 Howell Avenue - Riverhead, New York 11901- (631)727-3200 Ext 260 - Fax (631)208-4034
03.01.2016 ADOPTED
160140
TOWN OF RIVERHEAD
Resolution # 140
AUTHORIZES TOWN CLERK TO PUBLISH AND POST PUBLIC NOTICE TO
CONSIDER A LOCAL LAW TO AMEND CHAPTER 108 ENTITLED "ZONING" OF
THE RIVERHEAD TOWN CODE
(§108-76. Board of Appeals powers)
Councilman Hubbard offered the following resolution,
which was seconded by Councilman Dunleavy
RESOLVED, the Town Clerk is hereby authorized to publish the attached public
notice to consider a local law to amend Chapter 108 entitled, "Zoning" of the Riverhead
Town Code once in the March 24, 2016 issue of the News-Review Newspaper, the
newspaper hereby designated as the official newspaper for this purpose, and also to
cause a copy of the proposed amendment to be posted on the sign board of the Town;
and be it further
RESOLVED, all Town Hall Departments may review and obtain a copy of this
resolution from the electronic storage device and if needed, a certified copy of same
may be obtained from the Office of the Town Clerk.
THE VOTE
Hubbard 1<Yes _No Giglio ®Yes No
Wooten NYes No Dunleavy [XYes( iNo
Walter XYes No
The Resolution Was EX Thereupon Duly Declared Adopted
Y:\2016 RESOLUTIONS\03.01.16\140a - - BLDG - ResoPHZBAAdjourn (003).docx
TOWN OF RIVERHEAD
NOTICE OF PUBLIC
HEARING
PLEASE TAKE NOTICE that a public hearing will
Avenue, Riverhead, New York, on
will be held before the Town Board of
the Town at Riverhead at Riverhead Town Hall, 200
the 19th day of April, 2016 at 7:05 o'clock p.m. to amend Chapter 108, entitled "Zoning" of
the Riverhead Town Code.
Be it enacted by the Town Board of the Town of Riverhead as follows:
CHAPTER 108
Zoning
Article XVII:Administration
§ 108-76 Board of Appeals powers.
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Dated: Riverhead, New York
March 1, 2016
BY THE ORDER OF THE TOWN
BOARD OF THE TOWN OF
RIVERHEAD
DIANE M.WILHELM, Town Clerk
Y:\2016 RESOLUTIONS\03.01.16\140a - - BLDG - ResoPHZBAAdjourn (003).docx
,. TOWN OF RIVERHEAD
Building Department
' 201 Howell Avenue,Riverhead,New York 11901-2596
(631)727-3200, Fax(631)208-8039
141111 �'� www.townofriverheadny.gov
Jefferson V Murphree,AICP Brad Hammond Mark Gruen Richard Podlas
Building&Planning Admin. Sr. Building Inspector Building Inspector Building Inspector
Ext. 239 Ext. 265 Ext. 275 Ext. 231
MEMORANDUM
TO: Code Revision Committee
FROM: Brad Hammond, Senior Building Inspector
DATE: February 1, 2016
SUBJECT: Zoning Board of Appeals Adjournments
It is recommended that the Zoning Board of Appeals allow no more than two adjournments requested by the
applicant. Upon a third scheduled hearing, the case should be heard or the applicant be required to make a new
application including a new fee, mailing, and posting requirements. Below is the applicable section with
proposed code section §108-76 F:
CHAPTER 108 Zoning
Article XVII:Administration
§ 108-76 Board of Appeals powers.
A. The Board of Appeals shall hear and decide appeals from and review any order,requirements, decision or determination
made by the Zoning Officer.
B. The Board of Appeals shall have the power, in accordance with statutory provisions, after due notice and public hearing,
where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter,to vary
or modify the application of any of the regulations or provisions of this chapter relative to the use,construction or alteration of
buildings or structures or the use of land so that the spirit of this chapter shall be observed,public health, safety and welfare
secured and substantial justice done.
C.The Board of Appeals shall have the power,in a specific case,after due notice and public hearing and subject to appropriate
conditions and safeguards,to determine and vary the application of the regulations of this chapter in harmony with their general
purpose and intent, as follows:
(1)Grant undeveloped sections of the Town temporary and conditional permits for not more than two years for structures and
uses in contravention of the regulations controlling districts,provided that such uses are important to the development of such
undeveloped sections and/or provided that such uses are not prejudicial to adjoining and neighboring sections already
developed.
(2)Grant special exceptions and special permits for any of the uses for which this chapter requires the obtaining of such special
exceptions and special permits from the Board of Appeals. In granting such special exceptions and special permits,the Board
may prescribe appropriate conditions and safeguards in conformity with this chapter.
(a)The Board of Appeals shall grant special exceptions and special permits only upon making the following determinations:
[1] That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in the surrounding area,
or impair the value thereof.
[2] That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein
the proposed use is to be located,or of permitted or legally established uses in adjacent districts.
[3] That the safety,the health,the welfare,the comfort,the convenience or the order of the Town will not be adversely affected
by the proposed use and its location.
[4] That the use will be in harmony with and promote the general purposes and intent of this chapter.
(b)In making such deteniinations,the Board of Appeals shall give consideration, among other things,to:
[11 The character of the existing and probable development of uses in the district and the peculiar suitability of such district for
the location of any such proposed uses.
[2] The conservation of property values and the encouragement of the most appropriate uses of land.
[3]The effect that the location of the proposed use may have upon the creation or undue increase of traffic congestion on public
streets,highways or waterways.
[4]The availability of adequate and proper public or private facilities for the treatment,removal or discharge of sewage,refuse
or other effluent, whether liquid, solid, gaseous or otherwise, that may be caused or created by or as a result of the use.
[5] Whether the use or materials incidental thereto or produced thereby may give off noxious gases, smoke or soot.
[6] Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration or noise.
[7] Whether the operations in pursuance of the use will cause undue interference with the orderly enjoyment by the public of
parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agency.
[8]The necessity for an asphaltic-or concrete-surfaced area for purposes of off-street parking and loading of vehicles incidental
to the use, and whether such area is reasonably adequate and appropriate and can be furnished by the owner of the plot sought
to be used within or adjacent to the plot wherein the use shall be had.
[9] Whether a hazard to life, limb or property because of fire, flood,erosion or panic may be created by reason or as a result of
the use, or by the structures to be used therefor or by the inaccessibility of the plot or structure thereon for the convenient entry
and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot.
[10] Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of
population.
[11] Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and
expansion thereof.
[12] The physical characteristics and topography of the land.
[13] Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or place of public
assembly.
(3) Grant a special exception where it is provided in this chapter that the approval of the Board of Appeals is required for the
increase in total building area and increase in the height of buildings, if the Board shall determine the matters contained in
Subsection C(2)(a)of this section and additionally consider the applicable provisions of Subsection C(2)(b)of this section and
also consider whether the spacing of the buildings or the construction with suitable materials will prevent a conflagration.
(4)Grant a special exception where it is provided in this chapter that the approval of the Board of Appeals is required for the
use of premises and erection of public utility buildings or structures, dog and horse training and alcohol manufacture, if the
Board shall determine the matters contained in Subsection C(2)(a) of this section and additionally consider the applicable
provisions of Subsection C(2)(b) of this section and also consider whether the provisions of the laws, ordinances, rules and
regulations of all state, federal and local agencies or bureaus applicable to such use have been complied with.
(5) Section 108-60 of this chapter provides for off-street parking and truck-loading space requirements. As an incident of the
implementation of Chapter 108, nonresidential property owners in particular are required to supply parking and truck-loading
spaces whenever commercial premises are improved. Consistent with the requirements, the Board of Appeals is permitted, on
consideration of sufficient evidence and proof, to vary the teens and requirements of Chapter 108 to the extent that off-street
parking and/or truck-loading spaces may be in whole or in part avoided.
(6)The Town Board recognizes that such parking and off-street truck-loading space variances may be appropriate as a matter
of legal construction,but the Town Board also recognizes that there is a continuous and persistent demand for additional off-
street parking and/or truck-loading spaces throughout all zoning districts.Conditions that may be established by a Zoning Board
of Appeals on the issuance of a parking variance do not and cannot meet the problem of insufficient parking and truck-loading
spaces. Therefore, the TUwll Board finds that special provisions must be enacted in order to avoid or minimize the adverse
impacts of such variances and in order to promote the purposes for which Chapter 108 was originally enacted.
(7)Town Board decisions to establish a trust fund to be used by the Town of Riverhead exclusively for public off-street parking
and truck-loading space purposes, including the acquisition and improvement of land for such purposes. By way of further
explanation,these special provisions would require,as a condition to the granting of a parking or truck-loading space variance,
a payment to such trust fund of a sum to be determined by the Town Board from time to time for each and every space for
which a variance is granted.The total amount required to be paid to the trust fund would be equivalent to the number of spaces
for which the variance or variances are granted, multiplied by the per-space sum in effect at the time of the granting of the
variance or variances. The per-space sum is intended to be equivalent to the estimated cost per space of providing off-street
parking and truck-loading spaces. As a result of the enactment of these special provisions as an ordinance, the Town of
Riverhead would be able to provide spaces needed and would thereby promote the public safety and welfare by alleviating
traffic congestion and easing the use of the commercial facilities now or hereafter established in all zoning districts.
(8)Every decision of the Board of Appeals which grants a variance waiving,varying or modifying the requirements of Chapter
108 to the extent that the number of spaces required by Chapter 108 for off-street parking and/or truck-loading is reduced shall
clearly set forth the extent of such variance or variances by stating the number of spaces required pursuant to Chapter 108,the
reduced number of spaces required by reason of the decision by the Board of Appeals and the number of spaces thus avoided
or waived by the determination of the Board of Appeals. The number of spaces so waived by the Board of Appeals shall
constitute the number of spaces for which a variance is required.
(9)Every such variance granted by the Board of Appeals waiving,varying or modifying the requirements of Chapter 108 for
off-street parking and/or truck-loading spaces in whole or in part, where the zoning use is a preexisting nonresidential use in
any zoning district,shall be made subject to a condition requiring a payment to the Town of Riverhead of a sum to be determined
by the Town Board from time to time for each and every space for which a variance or waiver is granted,which said sums shall
constitute a trust fund to be used by the Town Board exclusively for public off-street parking and truck-loading space purposes,
including the acquisition and improvement of land for such purposes. Such condition shall be deemed a condition of every such
variance, and such payment may be referred to as the off-street parking space fee.
(10)The amount of the per-space sum required to be paid to the Town for each and every space for which a variance is granted
shall be$2,000 per space, or such other amount as the Town Board may hereafter fix by resolution of the Town Board,which
shall be reviewed and fixed again from time to time as circumstances warrant.
(11)There is hereby created a Town of Riverhead Public Off-Street Parking and Truck-Loading Space Trust Fund to be used
by the Town Board exclusively for off-street parking and truck-loading space purposes, including the acquisition and
improvement of land for such purposes.
D. Any determination made by the Board of Appeals shall not become effective unless a permit is obtained in accordance
therewith within one year of the date of such determination, unless the Board of Appeals stipulates a different period of time
in its determination.The Board of Appeals shall have the power,by resolution, to extend its determination for a period of one
year upon written notice from the applicant or his agent of the desire to do so. No more than three such extensions shall be
allowed. The provisions of this subsection shall not apply in cases of interpretation of variances for the use of land unless the
Board of Appeals stipulates a period of time in its deteiinination.
E.The applicant shall erect a sign giving notice that an application for an appeal or special exception is pending and giving the
date, time and place where the public hearing will be held. The sign will be furnished by the Town of Riverhead. It shall not
be set back more than 10 feet from the property line and shall not be less than two nor more than six feet above the grade at the
property line. It shall be displayed for a period of not less than seven days immediately preceding the public hearing date or
any adjourned date.Further,the applicant shall be required to send notice to the owners of record of every property which abuts
each and every property which is across from any public or private street from the property included in the application. Such
notice shall be made by certified mail,return receipt requested,posted at least seven days prior to the date of the initial public
hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll in the
Assessor's office.The applicant or agent shall file an affidavit that he or she has complied with all the provisions of this section
and shall also provide a listing of the names, addresses and tax map numbers for which mail notification was required to the
Board reviewing the subject application.No public hearing shall be held unless such affidavit has been filed.
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