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HomeMy WebLinkAboutCommercial Parking Res.Dist 00 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 12, 2000: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12 day of December, 2000 a Local Law entitled "A Local Law in relation to Parking Of Commercial Vehicles In Residential Districts, Chapter 92, Article VIII, Vehicles and Traffic, of the Code of the Town of Southold", now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby sets 5:04 p. m. Wednesday, January 3, 2001, as the time and place for a public hearing on this Local Law which reads as follows: LOCAL LAW NO. 2000 § 92-62 PARK/NG OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS A. Definitions: As used in this section, the following terms shall have the meanings indicated: Commercial Vehicle: Every type of motor vehicle driven or used for commercial purposes on the highways, including school buses. B. Prohibitions: The parking of commercial vehicles on residential streets and residential property is hereby prohibited. C. Exceptions: The following shall be excepted from the provisions of this section: (1) Motor vehicles with maximum gross weights of not more than ten thousand (10,000) pounds; (2) Commercial vehicles in the process of making local deliveries; (3) Commercial vehicles owned by public utilities and governmental and municipal agencies where necessary for the maintenance, repair and construction of public utility and governmental and municipal services and facilities. Elizabeth A. Neville Southold Town Clerk PUBLIC HEARING JANUARY 3, 2001 5:04 P.M. ON A PROPOSED "LOCAL LAW IN RELATION TO PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS, CHAPTER 92, ARTICLE VII, VEHICLES AND TRAFFIC, OF THE CODE OF THE TOWN OF SOUTHOLD." Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR COCHRAN: The next heating scheduled is a Local Law in Relation to Parking Commercial Vehicles in Residential Districts. Bill, do you want to read this? COUNCILMAN MOORE: "NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of December, 2000 a Local Law entitled "A Local Law in relation to Parking Of Commercial Vehicles In Residential Districts, Chapter 92, Article VIII, Vehicles and Traffic, of the Code of the Town of Southold". NOTICE IS 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, and hereby sets 5:04 p. m. Wednesday, January 3, 2001, as the time and place for a public heating as which time all interested persons will be heard. The proposed "Local Law in relation to Parking Of Commercial Vehicles In Residential Districts, Chapter 92, Article VIII, Vehicles and Traffic, of the Code of the Town of Southold" which includes the following: LOCAL LAW NO. 2000 A Local Law in relation to Parking Of Commercial Vehicles In Residential Districts, Chapter 92, Article VIII, Vehicles and Traffic, of the Code of the Town of Southold § 92-62 PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS A. Definitions: As used in this section, the following terms shall have the meanings indicated: Commercial Vehicle: Every type of motor vehicle driven or used for commemial purposes on the highways, including school buses. B. Prohibitions: The parking of commercial vehicles on residential streets and residential property is hereby prohibited. C. Exceptions: The following shall be excepted from the provisions of this section: PH commercial vehicles 2 (1) Motor vehicles with maximum gross weights of not more than ten thousand (10,000) pounds; (2) Commemial vehicles in the process of making local deliveries; (3) Commercial vehicles owned by public utilities and governmental and municipal agencies where necessary for the maintenance, repair and construction of public utility and govenm~ental and municipal services and facilities. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, DECEMBER 12, 2000,' There was a publication in the Suffolk Times, and it was posted on the Town Clerk's Bulletin Board and there is no correspondence. SUPERVISOR COCHRAN: You have heard the reading of the Local Law in Relation to Parking of Commercial Vehicles in Residential Districts. Do you want to give any comments? COUNCILMAN MOORE: This is just one of a couple of parking provisions that were considered by the Town Board for public comment, and one comment that came to us that was not put in writing, but was shared with the Board at a work session today was to increase the proposed motor vehicle weight as an exception. The proposed law would allow vel-ficles up to 10,000 pounds be part of the residential area, and the suggestion made to the Board today was to increase it to 15,000 pounds. SUPERVISOR COCHRAN: It could amended, go up from 10,000 to 15,000. Anyone else have any problem, anything from the Code Committee? That is it. Who would like to address the Town Board? Sir? ED WERTHNER: Good afternoon. I am Ed Werthner and a property owner of Laurel, Mattituck, and I would just like to know is there a law on the books regarding any restrictions, or anything else, or signs from commercial vehicles on residential property now? How does that read, because I am not that familiar with it? COUNCiLMAN MOORE: There is an existing. The details of the law I can't recite. It is the Home Occupation Law, which limits to extent the ability by which people can bring commercial vehicles to their property. This is to supplement that, some of the big heavy trucks. (Tape change) ED WERTHNER: Are there any restrictions to that? COUNCILMAN MOORE: On vacant land it is not permitted. Under Home Occupation it is considered an accessory use to a dwelling. We have an entire Code provision that deals with Home Occupation, how many people can work there. I can't recall but there are some limits on just how much can go on? ED WERTHNER: So, theoretically, or by law, if there were vacant residential land, and there were commercial vehicles parked on this vacant land for business, then it should be restricted by the Town by a Code? Is that correct? TOWN ATTORNEY YAKABOSKI: It already is. By law it is. commercial vehicles 3 ED WERTHNER: It is definitely restricted? TOWN ATTORNEY YAKABOSKI: You are talking land? ED WERTHNER: Vacant land, residential property, in a residential area. What I would like to show the Board tonight are some physical pictures and location of a company that is operating, okay, and parking junk and commercial vehicles on residential property. I would like to bring that up to you, let you take a look at them. TOWN ATTORNEY YAKABOSKI: Have you spoken to Ed Forrester? COUNCILMAN MOORE: It is not the specific topic of our hearing, though. TOWN ATTORNEY YAKABOSKI: What business is it? I believe it has been addressed. I believe off the top of my head that Mr. Forrester has been notified of that. There is pre-ex/sting usage. It has been looked at I believe. I don't want to speak out of hand. ED WERTHNER: (unintelligible) He has big tanks. SUPERVISOR COCHRAN: We will follow through on this. Picture say a thousand words. May I keep these, and I will see that they are returned to you. Thank you. May we have your phone number, and we can communicate, and we can return your pictures. I am sitting here thinking I don't know you, where would we send the pictures when we are done. Anyone else like to address the Town Board in relation to this legislation? Mr. Nickles? JOHN NICKLES, JR.: Happy New York. John Nickles, Jr. for the Southold Business Alliance. I haven't heard a lot around town as far as complaints, at least wherever I have been. I was wondering if the Board is heating complaints that crafted this legislation, and what was the reason for creating this law? COUNCILMAN MOORE: We received some complaints about what some perceived as an extensive, or overuse of the Home Occupation side of things as far as commercial vehicles. This really wasn't an attempt to cut back on that, or take away what was presently on the books. We had the limitations on that. As I said before it was encourage to go from ten to fifteen thousand pounds. This is designed for the heavy stuff, not for the smaller stuff. The electricians, the plumbers, the carpenters, everybody can continue to operate under that existing law. This is not attempt to undermine that at all. It is for those who choose to go over. JOHN NICKLES, JR.: I have heard conflicting reports even from people who just operate out of a pickup truck, that say their pickup trucks are pretty close to that 10,000 pound limit. COUNCILMAN MOORE: The person involved in that said, go to 15,000, I think he is very familiar with weights of vehicles. That is why we got that suggestion today. PH commercial vehicles 4 JOHN NICKLES, JR.: Another thing the Business Alliance has been concerned about is we are wondering if you have plans to make anymore amendments to the Home Occupation Law, whereas you might be scaling that back at some point? COUNCILMAN MOORE: I think I just answered saying, no. BOB SIMON: Good evening. My name is Bob Simon from Peconic. I think that a number of people here have trucks, that do a business out of their house, and have been doing it for a number of years, and I think it is going to influence the way they do business find it difficult to separate somebody putting a boat on their front lawn with a blue cover for six or seven months a year, and a truck that leaves every day for someone that goes to work. The next thing is I also would like to question the number of complaints that the Town Board has had, and could not we deal better with these on an individual basis. I know you need teeth in a law to try to force something, but sometimes if you talk to people. I have a neighbor who is in the landscaping business, and he would fall under the guidelines in your law, and would be fine. He does drive a 3/4 ton pickup, and pulls a trailer, a dual wheel trailer, which he puts his leaves, and other rubbish, and stale grass in the summer heat, which was near my window. One statement, one question to him, and the situation was remedied, so I really question the need for such an extensive law. Like I said I know a number of people that do bring home one ton trucks, or even bigger, that they use in their business, and these would be excluded from being able to be parked in a residential area. SUPERVISOR COCHRAN: Thank you. Yes, sir? STEVE YOUSIK: Good evening. My name is Steve Yousik. I am from Mattituck. There is a number of things I want to bring up. I don't think you folks have taken into account the financial burden you are going to put on a lot of us. I have two vehicles in my family. My wife's car, and my 12,500 pound V-350 Ford van. If I have to park this van somewhere else I have to get another vehicle to travel back and forth from where this van is. I then have to pay the insurance on this truck, on the additional vehicle, plus I have to pay the man who I am going to park my van at. In the city it is probably about $25.00 to $30.00 a day for parking place in a gas station. I don't know what it will be out here. I don't know anyone out here who has to park. You are talking about increasing the weight limit to 15,000 pounds. That is still comes under what a CDL license is. You can go up to 18,000 pounds, I believe, or 19,000 pounds, State of New York before you need a CDL license. The next size truck up from mine is that weight limit class. I have a friend who has one. He parks it in the garage on his property, bothers nobody. He leave 5:00 in the morning, comes home 9:00 at night. Nobody sees it. Bothers nobody. I have two acres of property. I don't have it parked on my front lawn. I have it parked in the driveway. Who is it bothering? Somebody brought up the idea of putting a boat on your front lawn. My father lives in a town up the island, waterfront community. Some people didn't like the idea that boats were being parked in their driveway. There is now a town ordinance that says you can not winter store a boat on your driveway. Is that next for this town? You are putting a very hard financial burden on a lot of us here, because I know a lot of us here have one truck, and one car in our families, and I would like you to take that into consideration. Thank you. GEORGE PENNY: Good afternoon. George Penny. I reside in Southold. I was a little bit unconcerned about this law until I went and got a hold my treasurer, and I said, would you show me the registration levels of a couple of our smaller vehicles, some of which not only myself, but my employees use to PH commercial vehicles 5 drive home, especially if we have a vehicle that is being serviced, or out of service, and I found that a 350 pickup weighs 9,000 pounds. My small flat bed truck with a ten-foot body is rated 11,000 pounds, which would be illegal under this new law by the Town of Southold. Then I started looking at this a little further, and I started saying, I wonder how this affects the masons, the landscapers, and everybody else in this town that do drive their vehicles, and take them home. Now, I have heard tonight that for the first time that this is an amendment to Home Occupation Law, yet when I read in the book here, I believe it is Section 92-62, which is a new section, which is not directly affecting the Home Occupation Law at all. It affects everybody, but in referring to the Home Occupation Law, which I believe was unanimously passed by the Town Board back around 1985. It was kind of a bipartisan thing. It was kind of a community thing, and it kind of addresses that the Board feels that these businesses have not negatively impacted on the appearance of residential zones, and the Board's judgement finds that in order to maintain economic viability, etc., etc., and the quality of life, and it goes on. It does have considerations that should be followed. Not one of them addresses the size of the vehicles, but it does address the screening in certain cases where people have something stored on their property that is not of a purely residential nature, and I might suggest that if the Board was intending to effect the Home Occupation Law with this, that they do it directly, not indirectly, and put in some sort of screening, or something else, if they find that these vehicles of a certain size are unsightly, or if them have been complaints, and that might be a far better way to address this than the way you are going about it, because I think right now you are scaring the heck out of a lot of people. SUPERVISOR COCHRAN: That is not our intention. GEORGE PENNY: I understand that, but from what I hear around is that the Home Occupation people feel that this thing is just the first step. If you want to keep them in the town, if you want them to be able to work from the town, and all of the good reasons spelled out on page 1004.7, which I won't read them all, let them at least have their vehicle, because if you take away their vehicle then you render all the rest of this mote. COUNCILMAN RICHTER: George, what you just said is very true, and I don't think anyone here is trying to go into the Home Occupation, and to change different things, and when you hear that outside I happen to believe sometimes it may be a few people trying instigate that is reading our minds or reading into what is going on. I think we all happen to agree. We are not trying to crucify any small businesses. My last pickup was 10,000 pounds, and I took that home to my residential, where my house is in the residential area. I think what we are trying to do here with the complaints is get the biggest stuff off, and some sort of revamping of this. It becomes feasible like if a CDL license is required to drive that vehicle maybe that shouldn't be in a residential area. GEORGE PENNY: Maybe it is, and you can accommodate it by screening, then do it that way. COUNCiLMAN RICHTER: Where it can't be seen, or something like that, that may be something. We need to have this work force in our community. This has to happen. To put a hardship on people where they can't afford to do that would not be something that I think would be good. GEORGE PENNY: The first time I directly heard that this was to effect the home occupation was here tonight, that it was to directly affect the home occupation. That was the impression I got from Councilman Moore. ~Hcommercial vehicles 6 COUNCILMAN MOORE: It wasn't the intent. I recognize that by putting the weight limit on there how...it has been brought up for example going from 10,000 to 15,000 pounds I can see now how that could effect the occupation law in the sense. It is not intended to undo some back door vehicle, the occupation law. GEORGE PENNY: Lets go one step further. I also heard tonight that one person came in, and addressed the Town Board at a Work Session, which none of us were able to come to, and that as a result of the that the Board is now considering a 15,000 pound limit. May I make a suggestion? SUPERVISOR COCHRAN: No one came into the Work Session. It was word of mouth. COUNCILMAN ROMAMELLI: That was me. GEORGE PENNY: That was you that brought that in? COUNCILMAN ROMANELLI: After talking to many people out on the street over the past two weeks talking to me about this law. Many people came to me, and said, you know, John, that 10,000 pounds my pickup is 9,800 pounds, blah, blah, blah, and I came to the Board after speaking to people who had vehicles, and I said, you know what guys, this law the weight limit might be too low, and we have to go to 15,000 or 18,000 pound number so we don't affect the guy with the 350 dump truck, or the landscaper. It was in essence, and then that man back there mentioned CDL. Maybe that is the avenue we should go to get us out of the home occupation. Say, if you need a commercial driver's license to drive this vehicle, I am throwing this out here now, maybe that is the avenue that the law should go down. GEORGE PENNY: May I make one more suggestion, and then I promise I will sit down. Okay? I promise until the next heating. Why don't you invite the home occupation people in here, find out what their needs are, find out what the concerns of the town are, and set up a little work session. I believe a lot of this was done when we developed the Home Occupation Law, that we developed standards for screening, and for other things, and there was a lot of give and take, but we did it by working with the people, that were directly affected. Tell them what the concerns are on the town side, and they will tell you what their concerns are. Then you will find out whether 10,000 pounds, 15,000 pounds, 20,000 pounds, or 30,000 pounds can be adequately handled. That is my suggestion. SUPERVISOR COCHRAN: Thank you, George. I will take the gentleman in the back. ERNEST SCHNEIDER: My name is Ernest Schneider. I have a CDL. I have a greenhouse operation in Cutchogue. On occasion I take my truck home. I leave early in the morning for deliveries. Now, my track is over 27,000 pounds. You need a CDL for that. Anything over 26,000 pounds you need a CDL. Now, I can truck and I know this because of different regulations, and different states, and so forth, and the states change their laws continuously, and we end up buying new trucks continuously to accommodate the requirements. Now, what I want to make clear to the Board is, now, I can buy a truck that is larger than the one I presently drive with a lesser gross vehicle weight. I can bring in a 24-foot box truck for under 26,000 pounds. Now, the truck that I drive is only 22 feet and it is over 27,000 pounds. So, if you are going by weight, I can also buy a 16 or 18 foot truck that will come in under PH commercial vehicles 7 10,000 pounds as opposed to someone who might have a small dump truck that may have a GDW of 18,000 pounds. So, there are a lot of things to consider besides just the weight, and does it affect me if I load my truck at night, bring it home so I can leave early in the morning, or do I have to drive back and forth with my vehicle, make an extra stop at the greenhouse, warm the truck up, and then take off7. It is just another step. It is another inconvenience that is being put upon us. SUPERVISOR COCHRAN: Thank you for input. DAVID CICHANOWICZ: Good evening. Dave Cichanowicz from the Business Alliance. We have been talking about allowing certain amount of weight limit, and there should be I would think personally some sort of restrictions, so I don't have a tractor-trailer sitting in my next door neighbors yard. I fully agree with that, but as it comes down to the town has limited us as to where a commercial person can go. We are losing more and more business zone property, and it might be an idea for the town, and sitting down with some of the business people in town, to maybe come up, and brainstorm a site, a selected site, that they could actually do what you call down-zoning. I get confused with that because it is completely opposite with the way I think. A parcel that would allow commercial vehicles to be parked, and or operated out of. Again, the areas are getting more and more restricted. The land preservation is a great thing, that we have got going here, but in keeping with fairness in the community there needs to be some space allotted for such. Thank you very much. JOE LIZEWSKI: I would just like to make a comment about how I first saw this law. It came across the Town Board as a memo, and I get invited to all the legislative meetings, the Legislative Committee meetings, and either it wasn't there, or I didn't hear it come through there, but it is a little unusual. I think what George said has a lot to do with the operation of how should be done, and that people who are going to be affected should be brought in to be asked about how this law is going to affect them. To come through the Board as a memo, and then two meetings later have this thing being produced as a law at a meeting to be passed by this Board, I think ten year ago I think we would have had the party yelling that this wasn't open government, and this wasn't fair government, and this isn't the way things were supposed to be done, and would have had a front page on Suffolk Times beating up who was doing this, but for some reason we don't see too much of that even though I don't think that doing it in that manner is really fair. I think that the rural quality of life that we are trying to protect has always being objected by people who probably aren't working in that rural quality of life. I mean the rural quality of life that have here is part of the things that the people actually work and live here, and have worked here all of their lives seem to be always being attacked. I mean it's nice if you can come out here, and you don't have to work out here, and you have to make a living out here. There is a lot of people who don't live out here just for the environment. They live out here because they work out here. Their families are out here, and they have been out here for a couple of generations, so it is not an environmental thing with them. It is survival, and survival of that home occupation and pulling their trucks in the yard, and the way we live, is very important. I think when you get into these laws I think they should at least come from a lot of the people who actually are going to be affected. The other thing is you have got to find an answer. I mean if you want to take away the right of somebody to park their truck, tell them where you are going to put them. You know, we don't have a lot of space. Years ago it was suggested that maybe a small industrial complex with quarter acre and half acre zoning could be proposed by the town, and that land could be afforded by a lot of these people who are in business with no water and no cesspools, just a place to put up a garage, and of course that was jnmped all over because half acre and quarter acre zoning.., that was ridiculous. But, you know, maybe it PH commercial vehicles 8 should be revisited, and maybe we should realize that if the Town is going to grow and you are going to keep these businesspeople here, and you want to continually take away something from them you are going to have to provide something on the other end. It is not fair to just to say, we don't want you here, or you can't have that. I think you have an obligation to make sure that there is another place for you to go. If we are going to take it from you, we will take it from you, but this is what we are going to do for you. You can go here, or we are going to allow you to do this. Simply to continue to prohibit businesspeople from working and operating isn't really a very good answer. Thank you very much. BILL LIEBLEIN: Good evening. Bill Lieblein from Port of Egypt. I don't have a problem with parking vehicles because I have got lots of land, and plenty of places to park it, so I am not affected by this law. When I read it and with the limit of 10,000 pounds I felt that it was extremely restrictive, and I deal with a lot of local people who come in the vans that park at home, and work at the Port of Egypt, and I see them in town all of the time. So, as somebody who is not affected by it I came to request that you try and make some changes to this, and make it less restrictive. So, I am standing here now to say that I am extremely encouraged by the remarks that you have made about, hey, maybe this is too restrictive, and listen to some of the comments like George Penny made where if you folks get together with the people that are directly affected, they say, hey, this is what I need, if you said, the law still needs to be changed, and we have make some restrictions to it, but if it was set up that, I don't know if it was the CDX, and the CDL, or whatever this classification is, if someone has a vehicle up to a certain size they can park it, there is no problem. If they are above that size then they can come to you, and you can say, well, in your particular case you have got enough land you can put screening in you can still park there, but you have to do this and this, and try and work with the people rather than saying, this is it. Apparently you are not doing that, so I am glad to see that, and I am just here to speak for hopefully other large businesses that aren't affected by it, but are in favor of the small businessman. Thank you. JIM D1NIZIO: Jim Dinizio, Greenport. I just want to maybe expand on a little bit of what John Nickles said concerning how many complaints there were. You know, what forced this law? Because as I read this it seems to be tailored to a certain something. I just can't quite get out of what you have here. You are saying, 10,000 pounds, maybe 15,000, maybe higher, and I am assuming it is because those vehicles in that area are objectional in some way. I mean, what is the objection to a 20,000 pound vehicle parked in a residential area? SUPERVISOR COCHRAN: I don't know what a 20,000 pound vehicle is. If it is a gas truck, then I can visualize what it is. JIM DINIZIO: Okay, let's say it is dump truck that is that size, what is the objection to that? COUNCILMAN RICHTER: I have one person that talked to me, and voiced an objection to a commercial vehicle in a residential neighborhood with quarter acre lots. All the lots were built upon, and once every week or two weeks a tractor-trailer would be out in front of that house parked for two or three days. I think that is somewhat of overstepping the bounds. You know putting a tractor-trailer out in side street. That to me is one of the reasons for this law. I think the 10,000 pounds, I think that is way too low. I think we need to address it a little bit more closely. PH commercial vehicles 9 JIM DINIZIO: So, I guess you are saying to me that it is based on occasionally somebody is parking a large vehicle in a residential zone, and that is objectionable because it is noisy? COUNCILMAN RICHTER: No, it is not occasional. It is happening on a routine basis. COUNCILMAN ROMANELLI: It could be noisy, sight. JIM DINIZIO: But is it prevalent throughout the town? Are there specific people, instances, where this has happened, or are we just throwing darts at a dart board, and the law seems to cover everybody? My concern is, ifI come into town and read this law, I am going to assume that it is illegal for me to park a vehicle as proposed tonight, 10,000 or 15,000 pounds am not going to do that, but what if someone comes into town, and actually does just does that? Are you going to enforce that law? SUPERVISOR COCHRAN: If it is ongoing. JIM DINIZIO: In other words the Building Inspector... who is in charge of enforcing it? COUNCILMAN ROMANELLI: Our Code Enforcer. You know how it goes, if no one complains, ifa neighbor doesn't complain probably won't get enforced, Jim, and you know that as well as I do. JIM DINIZIO: I did want to get that from you. I did want that statement made in public, because why are you having a law that you don't intend to enforce unless someone complains? SUPERVISOR COCHRAN: We didn't say that. Don't put words in our mouth. JIM DINIZIO: I just heard that. Say it again. Make yourself clear. COUNCILMAN MOORE: The point that was made was most typically unless you want to have us hire four hundred Code Enforcement Officers to drive from Orient to Laurel, I don't believe you want this. JIM DINIZIO: Wait a minute. Don't speak for me. COUNCILMAN MOORE: Don't speak for us. The most common way in which you become aware of a complaint in any administrative agency is by virtue of phone call, and we just had early this evening where a man had photographs, and said here's the problem I have got. So, there is one example of someone saying here's a problem, a residential piece of property being used for commercial purposes. In all honesty this would seem like a no-brainer. We may have picked the wrong weight amount, and we are learning more about trucks. But the idea of having large commercial vehicles in residential zones is the complete mix of what you want to have. You want to keep those things separate, so you don't have a tractor-trailer parked in the driveway next to you. That is what this is about, nothing more sinister than that. JIM DINIZIO: I am not saying it is sinister, But what I am saying is by creating a law that covers everybody in town concerning this you are making it illegally for them to do that. Is that correct? ~Hcommercial vehicles 10 COUNCILMAN MOORE: That is correct. JIM DINIZIO: But what I am understanding here is if a Code Enforcement Officer drives by that knowing that track is not legal in that area, you are not requiring him to stop, and enforce the law? COUNCILMAN MOORE: Or a police officer. JIM DINIZIO: I thought it was Code Enforcement Officer that enforces laws. Are you requiting him to stop and enforce the law, or is it just by complaint from a neighbor that this law is going to be enforced? SUPERVISOR COCHRAN: Jim, we try to enforce the law, both as we observe violations, and as we get complaints, so it is combination. JIM D1NIZIO: So, what you are saying is that a Building Inspector drives by a property that has a car or a truck.. SUPERVISOR COCHRAN: And he sees a violation. JIM DINIZIO: Right. What does he do? SUPERVISOR COCHRAN: He should write a violation. JIM DINIZIO: And if he doesn't I guess he doesn't. SUPERVISOR COCHRAN: If he doesn't we usually don't know about it. JIM DINIZIO: You don't know if he does it, tight. SUPERVISOR COCHRAN: What do I do put a video in every car as they come to work, and say, what are you looking at? JIM DIN1ZIO: This is my concem, that the law is not going to be enforced evenly. In other words the only people that are going to get results are those who the squeaky wheel gets the oil kind of thing. The gentleman that first spoke to you tonight, that gentleman has a specific complaint that I am very familiar with. As far as I can tell driving by that piece of property there is no way that is legal in this town. There is no way. Now, it should have been just taken care of. If this law is the result of that complaint I think it is the wrong law. I think take care of that complaint, and lets come back with a law that maybe everybody can live with because I don't want a tractor-trailer starting up at 5:00 o'clock in the morning next to me either. I don't want that. I don't think anybody wants that, but I also don't want to have somebody worrying about a guy bringing home a trailer loaded with grass, or whatever, and worrying about being overweight, and someone, a Building Inspector, stopping him, and basically asking him for the ~veight of his truck and how much it weights. I don't think anybody wants a Building Inspector, number one, in that position, and I don't think anybody wants to be in that position, so I am looking for you to go back, do what George Penny did many years ago. It's nice to see him carrying around the Code Book again. I hope it continues, too, and sit down with the people who are PH commercial vehicles 11 affected by this, because you got to see for 10,000 pounds, now we are heating 15,000, and we might hear 20,000. I think that you are causing a lot of people a lot of harm just simply by putting this thing down in writing on paper, at a public hearing, making it look official, when you haven't really quite gone through the whole process of what you are trying to accomplish. Which is if you are trying to accomplish getting guy in Laurel off a residential piece of property, do so. If he is non-conforming, if he happens to be grandfathered, the gentleman that is complaining has to know that. I don't think there is any reason why he shouldn't know that, but if we are creating a law for that particular one I think we have created the wrong law. Thank you. SUPERVISOR COCHRAN: I think if the Board is agreeable I would tike to close the heating, but I would also like to send this back to the Code Committee. I would the Chairman of the Alliance notified when it will be handled again on the agenda in the Code Committee, that you can notify your members, or people that you feel will like to have input into any amendments or changes. There has got to be a balance. Sir? JIM BITSES: As an impartial, I don't have a truck parked anywhere, as an impartial person may I speak about what I have heard so far? SUPERVISOR COCHRAN: Jim, we are going to send it back to the committee, and if you would like to come at that time and have your input we would be happy. JIM BITSES: We are talking about parking spaces, not about the trucks, and the use to which these parking spaces are put. That is the essence, which we haven't approached it from that angle. This bills should have two parts. One has to do with removal of the trucks from residential areas. The second part has to do with where they can be placed legitimately so that people who use these trucks for businesses can continue their business. That part of the law has not been addressed. Another thing that apparently is being missed, any trucks that have been parked for a certain length of time are grandfathered in, and this law will not affect them. Another set of trucks that this law will not effect is farm vehicles. This law doesn't affect farm vehicles at all, so the point is that maybe the law itself should be rethought with the addition of these points that I have tried to raise. Thank you. DOUG COOPER: Doug Cooper, Mattituck. It seems to me listening to everyone here that this a law that is trying to solve a problem that doesn't exist. If the violations that do exist were addressed and handled properly it appears that most of these things would not be needed, this law would not be needed. This law will affect many, many people, perhaps a thousand, perhaps several thousand in this town. How many complaints have we received? If we receive ten complaints. You are hurting everyone to solve a very minor number of complaints. Enforce the laws that are on the books now. That is the simplest way. Thank you. JACQUELINE LADUCA: Jacqueline LaDuca. You are going back to the drawing board with this one, but we do happen to have a vehicle which exceeds 15,000 pound limit. We have a small business, which we do park in a residential area. Will that be affective in private communities, if you do end up going through with this law? Private road. COUNCILMAN MURPHY: Are you talking about parking at your home? PH commercialvehicles 12 JACQUEL1NE LADUCA: Yes, but it is a private community. It is not owned by the town. It would be a private road. SUPERVISOR COCHRAN: It is residential. JACQUELINE LADUCA: It is a residential, but it is a private community. SUPERVISOR COCHRAN: It should be covered. JACQUELINE LADUCA: Just a comment, Councilman Moore, you said you had few complaints which kind of reiterating what the gentleman just prior to me just said, why such a radical law for so few complaints. It doesn't seem to make sense to me. h~ my area, residential area, my neighbors aren't complaining about our truck. If we did have complaints we would certainly work with them, or come up with another solution, and again, the parking, where do you propose we park these vehicles if we are not allowed to park them in our residential community. SUPERVISOR COCHRAN: Do you have a home business? JACQUELINE LADUCA: We do much of our business out of our home. We do a lot of transporting and stocking. We use that as our storage area, our basement, for our stores, so it is necessary for us to bring that vehicle home. SUPERVISOR COCHRAN: Anyone that work for you take that truck home? JACQUELINE LADUCA: My husband and I are the sole proprietors, so we do part it in our drive. SUPERVISOR COCHRAN: Thank you. Anyone else like to address the Town Board? I really would like to close this down, and it will go back to the Code Conunittee, and usually I know it is a public notice when the committee is meeting, does it list the agenda also, ]~etty, the public notice? COUNCILMAN MOORE: There are times, specific questions, I will be certain that main groups get notification. SUPERVISOR COCHRAN: Anyone else like to notified when this goes back to the Code Committee. Mr. Cooper? Mr. Nickles? They would do it through your membership, John. John, we will let you know as President. I am sorry I didn't realize you guys had changed office. I deemed the hearing closed. Southold Town Clerk · N(YglCK i~Z I~i~Y GIVEN Board of ~,~Y~ 12~yof ~, ~ a ~ ~w ~"A Co~i~ Ve~cles ~ ~i~nti~ ~, Ch~ ~, ~c~ VHI, Ve~s ~d T~, ~ ~ C~ of &e To~ ~ N~ ~ T~ ~ of ~ T~ of ~&old ~1 ~ a ~b~ ~ng on ~ d~d ~ ~w ~ ~ ~ld T~n H~, 5~5 ~n R~ ~1~ New Y~ ~d ~y ~ ~ ~ W~ f~ a ~bfic to ~g ~ C~ Ve~ In R~n~ ~ ~ ~ ~cle ~ V~I~ ~,of~ ~ of follow.g: ~L C~e~i~ ~cles In ~sidenti~ Dis~c~. C~r 92, ~cle V~, ~ ~. of~ ~ of~ Town of ~92~2 P~G OF CO~ ~ ~ ~ DIS- ~~ve~ and residential property is hereby prohibited. C. Exceptions: The following shall be excep{ed from the provisions of this s~ctidn: thousand (10,000) pounds. (2) Commercial vehicles in the (3) Commercial vehicles owned by STATE OF NEW YORK) )SS: COUNTY OF~SU FFOLK) ~/~L~'(~c~' of Mattituck, in said county, b/eing duly sworn, says that he/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 ~ weeks succes- sively, _commencing on the ~ [ day of ~ . 20 O0 CHRIS'BNA T. WEBER ~ Qu~!tfiedinSuffc4kO0unty 0 iPrincipal Clerk Sworn to before me this c~ \ day of ~"~J~'~ - 20 O~ LEGALNOT1CE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of December, 2000 a Local Law entitled "A Local Law in relation to Parking Of Commercial Vehicles In Residential Districts, Chapter 92, Article VIII, Vehicles and Traffic, of the Code of the Town of Southold". NOTICE IS FURTHER GIVEN that the To,vn 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, and hereby sets 5:04 p. m. Wednesday, January 3, 2001, as the time and place for a public heating as which time all interested persons will be heard. The proposed "Local Law in relation to Parking Of Commercial Vehicles In Residential Districts, Chapter 92, Article VIII, Vehicles and Traffic, of the Code of the Town of Southold" which includes the following: LOCAL LAW NO. 2000 A Local Law in relation to Parking Of Commercial Vehicles in Residential Districts, Chapter 92, Article VIII, Vehicles and Traffic, of the Code of the Town of Soutbold § 92-62 PARKING OF COMMERCIAL VEHICLES 1N RESIDENTIAL DISTRICTS A. Definitions: As used in this section, the following terms shall have the meanings indicated: Commercial Vehicle: Every type of motor vehicle driven or used for commercial purposes on the highways, including school buses. B. Prohibitions: The parking of commercial vehicles on residential streets and residential property is hereby prohibited. C. Exceptions: The following shall be excepted from the provisions of this section: (1) Motor vehicles with maximum gross weights of not more than ten thousand (10,000) pounds; (2) Commercial vehicles in the process of making local deliveries; (3) Commercial vehicles owned by public utilities and govermnental and municipal agencies where necessary for the maintenance, repair and construction of public utility and governmental and municipal services and facilities. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, DECEMBER 12, 2000. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 21, 2000, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK. TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Chief Coehran Raymond Jacobs, Highway Dept. Town Clerk's Bulletin Board 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 13th day of December ,2000, 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. NOTICE OF PUBLIC HEARING -- 5:04 p. m, Wednesday, January 3, 2001, as the time and place for a public heating as which time all interested persons will be heard. The proposed "Local Law in relation to Parking Of Commercial Vehicles In Residential Districts, Chapter 92, Article VIII, Vehicles and Traffic, of the Code of the Town of Southold" Southold Town Clerk Sworn before me this 13th day of December ,2000.