Loading...
HomeMy WebLinkAboutLL 2005 #03 SOUTHOLD TOWN BOARD PUBLIC HEARING March l, 2005 5:00 P.M. HEARING ON "A LOCAL LAW IN RELATION TO THE SIDEWALKS CHAPTER OF THE SOUTHOLD TOWN CODE." Present: Councilman Thomas H. Wickham Justice Louisa P. Evans Councilman John M. Romanelli Councihnan Daniel C. Ross Councihnan William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Supenrisor Joshua Y. Horton JUSTICE EVANS: NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 15th day of February, 2005, a Local Law entitled "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code", 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 1st day of March~ 2005 at 5:00 p.m.~ at which time all interested persons will be given an opportunity to be heard. This proposed "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code", reads as tbllows: Local Law No. of 2005 I. Purpose- The purpose of this Local Law is to establish a penalty for an offense under this Chapter, thereby encouraging compliance and strengthening enforcement. II. Code Amendment. Chapter 80 "Sidewalks" of the Southold Town Code is hereby amended as follows: § 80-3. Penalties for Offenses. Any person violatin~ any of the provisions of this chapter shall be auilty of a violation and, upon conviction thereof, shall be punishable bv a fine not exceeding $250 for each offense. Each day's continued violation shall constitute a separate additional offense or violation. III. Severability. If an section or subsection, para~aph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any j udgmem made thereby shall not affect the validity of this lax,,' as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. Southold Town Board 2 Public Hearing-Sidewalks Chapter JUSTICE EVANS: I have proof that it was published on the Town Clerk's bulletin board and it was published in the Traveler-Watchman, the official nexvspaper and there is no correspondence. COUNCILMAN WICKHAM: It is primarily to, a requirement that is in the Town Code that says that all homeowners and businesses are supposed to clear snow from in front of their properties. But previously, there were no fines associated with it, within 24 hours. This code amendment puts fine of $250 for those people who don't do it and who are caught. Is there anyone before us today who would like to comment on this public hearing? Mrs. Egan. JOAN EGAN: Well, I have been working on that one for a long time. You remember that, Mr. Romanelli. Noxv, does sidewalk also mean, like you have Mrs. Moore, she has a driveway, which comes over the sidewalk, so if she has a problem there, she is responsible. Is that correct? In other words, the sidewalk goes right up to her driveway, which is in terrible shape and then it becomes, really, a sidewalk. Correct? COUNCILMAN ROMANELLI: This law would only affect the sidewalk, the walking part. If any of her driveway .... MS. EGAN: Oh, no, no. You are not, are you listening? COUNCILMAN ROMANELLI: Then I don't follow you. COUNCILMAN WlCKHAM: The sidewalk crosses her driveway. COUNCILMAN ROMANELLI: That is part of the sidewalk. COUNCILMAN WlCKHAM: That is part of the sidewalk. MS. EGAN: So then that becomes the sidewalk? COUNCILMAN WlCKHAM: Yes. MS. EGAN: Now, what about who is responsible, Mr. Yakaboski, you weren't here Mr. Romanelli, I hope you saw.... COUNCILMAN ROMANELLI: I watched it. MS. EGAN: How did you like that one, dear. But at any rate, what about curbing. COUNCILMAN ROMANELLI: The sidewalk is all we are talking about. MS. EGAN: Ah, ah. No, this is part of the sidewalk. Is the sidewalk, it is the curbing is part of the sidewalk. If your sidewalk goes right to the curb, then the curbing is involved also. So I don't see how you can leave one out without the other. COUNCILMAN ROMANELLI: I think the whole gist here is that it was at least passable to walk by. Southold Toxvn Board 3 Public Hearing-Sidewalks Chapter MS. EGAN: Pardon? COUNCILMAN ROMANELLI: [ think the whole center of the la~v or the purpose of the law here is is that it was at least so someone could walk by it. [ don't think we are looking to split hairs... MS. EGAN: Oh, well I am. COUNCILM.M"~ ROMANELLI: Well, we are not. MS. EGAN: Well, this is again... COUNCILMAN ROMANELLI: We are just looking to make it sate... MS. EGAN: This is again what your problem is up here, you don't do it thoroughly, which means it has to be done all over again. So I think before you vote on it, you should be more thorough with it and get it done properly, which you haven't done in two years. Four years that I know of. Maybe six years. COUNCILMAN WICKHAM: May I just clarify that this proposed local law establishes a fine, it doesn't describe or change the nature of the xvork tu~d the expectations on the people of the town to clear their sidexvalks. It doesn't change or affect the dimensions or the boundaries. It simply assigns a fine to the people that don't comply. MS. EGAN: Well then it is only a half a law. It is again, what you do up here you don't do it thoroughly and properly and when there are lawsuits or problems then you have to do it all over again. But go ahead and vote on it but you are going to have a problem with it. COUNCILMAN WICKHAM: Thank you. Is there anyone else that would like to address the Board on this public hearing? (No response) If not, [ would like to close the public hearing and we can go back to the resolutions part of our agenda. ~Neville2~ Southold Town Clerk STATE OF NEW YORK DEPARTMENt OF STATE 4 I STATE STREET ALBANY, NY 12231-0001 RECEIVED ~AR 2 8 2005 $oulhold Tovm Clerk GEORGE E. PATAKI March 25, 2005 RANDY A. DANIEL~ Town of Southold Town-H~ll, 53095 Main Road Po Box 1179 Southold, NY 11971 RE: Town of Southtold, Local Law 2 & 3, 2005, filed on 311412005 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & La.w Bureau (518) 474-2755 LL:cb Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREETI ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text o£1a~v should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of SOUTHOLD LOCAL LAW NO. 3 of 2005 A Local La~v entitled, "A Local Law in Relation to the Sidewalks chapter of the Southold Toxvn Code" BE IT ENACTED by the Town Board of the Toxvn of Southold as follows: Purpose- Thc purpose of this Local Law is to establish a penalty for an offense under this chapter, thereby encouraging compliance and strengthening enforcement. II. Code Amendment. Chapter 80 "Sidewalks" of the Southold Town Code is hereby amended as follows: § 80-3. Penalties for Offenses. Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense. Each day's continued violation shall constitute a separate additional offense or violation. III. Severability. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a xvhole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local Laxv shall take effect immediately upon filing with the Secretary of State. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. ll '99) ( l ) (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. 3 of 20 05 . of the ~(Town) (a,~14a~g~) of SOUTHOLD was duly passed by the TOWN BOARD on March 1 ,20 05 , in accordance with the applicable provisions law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) ! hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Ci .ry)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(repassed 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 ofa (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 tox~m where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local la~v 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 cfa 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 therefrom and of the whole of such original local law, and ~vas finally adopted in the manner indicated in paragraph 1 , above. Clerk of the ~nty legislltive god~. C~. Town o[~iffage Clerk or officer designated by local legislat~ e body Elizabeth A. Neville, Town Clerk (Seal) Date: __March 10, 2005 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of Iocaliw.) STATE OF NEW YORK COUNTY OF SUFFOLK Title Town of SOUTHOLD Date: March 10, 2005 (3) ELIZABETH A. NEVILLE TOWN CLERK REGISTFL~R OF VITAL STATISTICS M.~RRIAGE OFFICER RECORDS I~L~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax ~63D 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 102 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 1, 2005: WHEREAS, there has been presented to the To~vn Board of the Town of Southold, Suffolk County, New York, on the 1st day of March, 2005 a Local Law entitled "A Local Law in relation to Amendments to Site Plan Fee Schedule" now, therefore, be it RESOLVED that the Town Board of the Town of Southold xvill hold a public hearing on the aforesaid Local Law at the Southold Toxvn Hall, 53095 Main Road, Southold, New York, on the 29th of March, 2005 at 5:00 p.m. at which time all interested persons xvill be given an opportunity to be heard. The proposed Local Laxv entitled, "A Local Law in relation to Amendments to Site Plan Fee Schedule" reads as follows: LOCAL LAgV NO. 2005 A Local Law entitled, "A Local Law in relation to Amendments to Site Plan Fee Schedule". BE IT ENACTED by the Town Board of the Town of Southold as folloxvs: Purpose - In order to provide for a simplified fee schedule that reflects the time and expense incurred in the site plan review process, the folloxving amendments to the site plan review fee schedule are necessary. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-256. Application requirements. § 100-259.2. Fee schedule for site plan applications. A. The fee for nexv site plan applications, including without limitation applications relating to vacant sites or sites with no previously approved site plan, shall be a flat fee of $500 plus an additional $500 for each acre (or fraction thereof) in excess of the first acre, plus 5;.10 for each gross square foot of proposed construction. B. The fee for amended site plan applications shall be a flat fee of $250 plus $.10 for each gross square foot of proposed construction in excess of the square footage of construction included in the previously approved site plan. C. The fee for agricultural site plan applications, excepting retail winery operations, shall be a flat fee of $500. 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. 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 ELIZABETH A. NEVILLE TOWN CLERK REGISTIL~R OF VITAL STAT[STICS MARRIAGE OFFICER RECORDS I~ULNAGEMENT OFFICER FREEDOM OF INFOR~L~kT[ON OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (6311 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 106 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 1, 2005: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York on the 15th day of February, 2005, a Local Law entitled "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code", and WHEREAS the Toxvn Board of the Town of Southold held a public hearing on the aforesaid Local Law at xvhich time all interested persons ~vere heard, now therefor be it RESOLg~D that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 3 of 2005 A Local Law entitled, "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose- The purpose of this Local Law is to establish a penalty for an offense under this chapter, thereby encouraging compliance and strengthening enforcement. II. Code Amendment. Chapter 80 "Sidewalks" of the Southold Town Code is hereby amended as follows: § 80-3. Penalties for Offenses. Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a fine not exceeding $250 for each offense. Each day's continued violation shall constitute a separate additional offense or violation. III. Severability. If an section or subsection, paragraph, clause, phrase or provision of this laxv shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. IV. This Local La~v shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTR.4~R 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 (6311 765-6145 Telephone t631) 765-1800 southoldtown.nor t h for k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 105 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 1, 2005: RESOLVED that the Town Board of the Town of Southold hereby finds that the local law entitled~ "A Local Law in relation to the Sidewalks chapter of the Southold Town Code" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Elizabeth A. Neville Southold Town Clerk 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 Fe~x (6311 765-6145 Telephone/6311 765-1800 southoldt own.nort hfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 103 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 1, 2005: RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to Amendments to Site Plan Fee Schedule" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there has beenpre- santed to the Town Board of the Town of Southold. Suffol[~ Count}', New York on the 15m day of February, 2005, a Local Law entitled "A Local Law in Relation to the Sidewalks chapter of the Southold Town Code", and NOTICE IS HEREBY FUR- THER GIVEN that the Town Board of the Town of Southold will I ~n n the aforesaid Local Law at the Southold Town Hall. 53092 Main Road. Southoid New York on the 1st day of March. 2005 at 5:00 n.m.. at which time all interested persons will be iven an opportunity to be ~eard. This proposed "A Local Law in Relation to the Sidewalks chapter of the Sonthold To~n Code", reads as follows: Local Law No. of 2005 Purpose- The purpose of this Local Law is to establish a penalty for an offense under this Chapter, thereby ~encouraging compliance and strengthening enforcement. Code Amendment. Chapter 80 "Sidewalks" otc the Soutbold Town Code is hereby amended as follows: § 80-3. Penalties for Offenses. Any oerson violatitm any of the nrovisions of this chaoter shall-be mtiltv ora violation ~nd. upon conviction thereof, shall be pnnNhable by a fine not exceed- m~ $250 for each offense. Each ~a-v's continued violation shall constitute a senarate additional offense or violation. III. SeverabiliD'. If an section or subsection, paragraph, clause, phrase or provision of this law shall be judge invalid or held unconstitutional by any court of competent jurisdiction, any jodgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provts~on so adjudged to be invalid or uncon- stitutional. IV. This Local Law shall take effect immediately upon filing with the Secretary of State. Dated: February 15, 2005 BY ORDER OF THE TOWN BOARDOF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk IX 2/24/05 (594) COLINTY OF SUFFOLK STATE OF NEW YORK ss: Jacqueline M. Dub& being duly sx~ont. says that she is the Legal Advertising Coordinator. of the D'avelcr IFCltchman. a public newspaper printed at Southold, in Suffolk County; and that the notice of which the mtnexed is a printed copy, has been published in said Traveler I[~ttcl~man once each for...l ........week(s) "}ii successixely, cor{une{~cing on the.l.-:5, l ........... day of .... [-: ), .t. ~.k~O.{.[,.~.-{. .......... 2005. Sworn to ,before me thisid-:.~....dav of Notary Public Emily Hamill NOTARY PUBLIC, Slate of New ~. ork No. 01 HA5059984 Qualified in Suflblk County Commission expires Ma} 0O. 2006