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Home My WebLink About1000-61.-3-7 (3)PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ferruary 27, 1995 William T. Medlow AIA 21 Sullivan Drive Jericho, NY 11753 RE: Fleet Bank Dear Mr. Medlow, The Planning Board has reviewed the drawing you had submitted of the lighting for the ATM at the above mentioned bank. The Board is not in favor of the proposed lighting on 14' poles in the front yard. The Board would like to suggest that the ATM be relocated to the rear of the bank. If you have any questions, or require further information, please contact this office. ~c~.h ~r~d~a~rer~'y' Chairman cc: Thomas Fisher, Senior Building Inspector In Charge WILLIAM T. MEDLOW AIA 21 ,SULLIVAN DRIVE JERICHO. NEW YORK t 1 753 ARCHITECT 546-938-9662 PLEASE VERZFY ~LL FRXES -- -- -- -- ...... FRX HO. 5].6'-681-713U intro. Res. No. 1321-94 Intro~acca Dy Legislators bocorriere, Levy, Foley RESOLUTI91{ NO. 30] -1994~ ADOPTING LOCAL LAW NO. 7 1994, A LOCAL ~AW TO ADOPT ATY WH~RE~S, there was duly presented and introduced to -this Count' Legislature at. ~ regular meeting held on Mar¢~ ZZ , 1994 a proposed local-~!aw ~r,t~t~sd, Local Law to Adopt ATM Security Proteotio Ct..~t.me.., and said local law in final form is the same as whe Act for ~a~k ....... " presented and ~n~rodu~ed, now, therefore, be it RE~OLVE'D, that said locml law bo enacted in ferm as follows: LOCAL L~W NO. ? -1994, SUFFOLK COUNTY, N~ YORK A LOCAL LAW TO ADOPT ATM SECURITY PROTECTION ACT FOR BANK CUSTOM,RS BE IT ENACTED BY THE COUNTY LEOZ~LATURE OF THE COUN]!Y OF SUFFOLK, follows: This Legirlature hereby finds and determines that the use automated teller machines (ATM's) to conduct banking ~ransactIQns has become fact of daily li~e for many Suffolk County residents; that. because of th~ location of many! of theme ATM's and the time of day and nigh~ they are used. there is a p~tantia~ risk of robbery and other related crimes for users these machines; and the% currently there are no standards for security at AT; facilities. This Legislature also finds and determines that, during 1993, suffolk County Police Department reported eleven (11) rcbberi~s and attempts( robberies associated ~ith ATM's; the actual number of such crimes is believe~ to be much higherl. This Le~isla=ure further finds and determines tha~ ~{ecurity measure~ currently used at. the many ATM locations are inadequate to protect the publi~ safety; that there ~ .s no uniform set of standards for security at ATM fa' cilitie~; that ban~s allegedly report that only 33% of all ~M locations equipped with surveillance cameras; and that allegedly only 10% have guards. Therefore, the purpose of this law is to impose minimum standards security to protect the health, safety, and general welfare of users of ATM': within the Countyl of Suffolk. Section _[~_~~ks_u~e.[.&t &~tomated Teller Machine FaoLlities, Definitions. A.) C.) "Access code" shall mean a series of numbers or letters, unique to e~ch banking customer, which when entered in'to an automated teller machine, grant the customer entry to the customer's count records. "Automated teller machine" shall mean a device, linked to a financial in~titution'~ account ~eco~ds, ~hich i:{ able to carry OUt itransa=tions, including, but not limited to{ account tran%fers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. "AutOmated teller machine card" shall mean an in~trument autho- rize~ by a bank which pe~its a customer to gain access to an automated teller machine facility. "A~=oma=~d ~oller ~achi~e facility"' shall m~an '~ho area com- prised of one or more automated teller machine~, and any adja- cent space which is made available to. banking customers a~=er r~gu%a~ banking hoots. - I SOUTHOLD '[OWN .,, PLANNING BOA~RD__ or con,role an automated ' - a the County of suffolk. F.) "%~$r~.~ ].i~ht~.~g" w~*~, re~D~?:. ~o ~ ~. ~: a~to- Dullding op~n"~"~e 0~t'~d~:-alr, "An~ any d~i~h~d t. :t?~i,~,3 area, shall :aeon lighting during nighttime hours according to the following standards: i.) minimum of ten ~)'>icandlelight power at the face of the automated teller machine and extending in an unobstructed cirection outwar~ ~ive '..('!!~. feet; 2.) a mlnlmum of two (~); candlefoot power within fifty '~.9)' ~eet ~rom al% unobstructed dlrectzons from ~ the face of the automated teller machines.. If such machine is located within ten?(~S?' fee= of the corner o~ the building and th~ automated Ve!ler machine facility is generallyacces~ibl~ from the ~dJacent side, there shall be a minimum o: two<~' can~lefoot power along the fi-st fort ~ \f-~)..~ ~nob~tructed feet of the adjacent s~[de of the .~ b~lding. With respe~tto defined parring areas, "adequate lighting,, shal ~-mean a mln~mum of two (2~ candlefoot power in tha~Portion of theparking ar~ ~.within sixty (~Q:)~feet of the au=oma=e~ teller machine facili'~y. ~ With r6spect to an automated teller machine facility located with/ ~ne _inSerior .~[..a DU~ld}ng, ,,9~equate.lighting, shall mean lighting on · ..~'~'~%wen=Y'z°ur~ (2~; !hour. oasls, which permits, a person enterin. . g the facillt' y t ?~>rea~xly and,ea$lly see all persons occupying'such faclllty, and which permit ~,.a .per,on xnexd~ the ~acility to readi'ly and easily see all persons ~t th ~pn=ry ~oor. of such facility. . - %~7~/~ G.) "Defined P~rki~g ~rea" shall mean that portion ~f any .par~ing ii~ - area: open rot manx customer parking which is: }~ 1.) contiguous t~ any paved walkway or sidewalk within ~ fifty (~0)feet of an automated teller machine fa- .:' cility; ' 2.; regularly, principally, and lawfully used for parkin~ by users of the automated teller machine facility while conducting transactions at such au- tomated teller machine facility during nighttime hours; and 3.) owned or leased by the operator of-the -automated ~ teller machine facility, or owned or .otherwise i controlled by the party leasing the automated i teller machine facility site to the operator. The i term does not include any parking area which is I not open or regularly used for parking by the us- ers of the a~tomated teller machine who are con- .~ ducting automated teller machine transactions dur- ~. lng nighttime hours. A parking area is not open '~ if it is physically closed to access or if con- ,'.N~g,httime hours" shall mean the period of time beginning at "Candlefoot power" shall mean the light intensity of candles on a horizontal plane at thi~y-~ix (~$) in~h.~'above ground level and five (5')"~e= in front 0f the ar~a-to be measured.:' "Regular banking hour~" =hall mean the hour~ a branch is nor- - 2 - A.) ,A,) sally ~pen for normal 'c~'.'i ' , publlc. ' Oanki I. ) a ~-{;~i~la~Ce~.~amera~'or cameras ';hich shall view -- ~n,d. record., all~.~,D.~..~q,n..s.~ :?~!~.g~! an automated =~lier macn}ne ~.!'~9~ 'locafe~'"'within the inte- ~:;;'.~"~9~:' ln~ :.~9~9~"0~ aD automated teller machine the out,ocr ai~': ~h '~amera or cameras nee~,'~no: view a~d>=ecord ba~ing transactions m~a =~ the automate{/ teller machine, The recordings made by such cameras shall be preserved by the ba~ for at least thirty (30) days. 2. ) entry doors equipped with locking devil:es which permit entry to such faoility only to pa:taChS us- ing an automated teller machine card or access code issued by a bank fo~ that purpose; 3. ) ~dPq~ate .,lighting; 4.) a ~'~eotiwe mi'rr0r ~or mirrors placed in a manner which permits a person entering the automated teller machine-fa'ci~i~y to view areas within such facility which are othe~Wise.~-=on~l~ fr~'.q~ain view; 'and 5.) a clearly visible'~n.., which ~: a minimum states: ( i.) the aotivt:y wi~in the automated . telle~ machine fac$~,ity is being re- cord~ by. s~rveillaRce camera,; (ii.) customers should o!ose the entry d~r.~ " ~0'(' completely u~on entering if the auto- ~7, ~'J /,~. mated teller machine facility is lo- ~,- ca:ed within the interior of a build- (iii.) customers shOUld not permit entrance to any unknown per,on a~ any time af- ter regular banking hours when an au- tomated teller machine facility lo~ oared within the interior of a building is available to banking cus- tomers; and (iv.) customer~ should place withdrawn cash i securely upon their person before ex- I iting the automated teller machine facility; Subdivisions two and four of Paragraph (A) and subsections (ii) and i (iii} of subdivision (5) of Paragraph (A) ~hall not apply to aDy automated teller machine facility located, on an exterior well,of a building open to the outdoor air. Any !ba~k which operates an au~Omat6d tello= m~.=hlne facility shall file a list of such facilities with the pertinent mu- nicipal Police Department and the County Office of Citizen Af- fairs, including the street ad~resses, intersecting streets, - 3 hours ox :~e-~tfon, ~ethcd =~- lance at each facility, and security depart=ent. The per~ shall distribute to each puli{ts prec_ mated teller machine facilities in tx 'ai!- cment are Within thirty (30) days after the effective .ante ¢& cn&s local law,. and eac~ year thereafter, every bank which has an auto- mated teller machine facility, which is in opez'atisn on such date or on such date every year thereafter, shall submit a written report to the County Office of Citizens Affairs on a form prescribed by such Office, certifying that such automated teller mac~ine facility is in compliance with the provisions of thi~ law. emotion ~. A.) V£ol~t!on~and Pena,l~i,~s. A ~ank found to be in willful violation of any This laQ shall apply to actions occurring on or after the date of this law. provision of Section 3 of this law shall be subject to a civil penalty of not ~ore than Two Hundred Fifty Dollars ($250.00). Each such will'ful violation of any provision of Section $ of this law with respect to a particular automated teller machine facility sha!~l be considered a separate violation thereof. B.) Any i.bank found to be in willful violation of an>' provision of Sectlon 3 of this law shall also correct the violation within : ten I (10) days after such finding. Failure to correct the violation within ten (10) dabs.after such findin¢[ shall subject :~ the bank to an additional c~vx], penalty of not less than Five Hundred Dollars ($500.00) or more than One Thousand Dollars - ($1,000.00) and an additional civil penalty of Two Hundred Fifty Dollars ($250.00} per day for each day such violation continues. C.) Any ~ank found to be in willful violation ~;f Section 4 of this law i sha!l be liable for a civil penalty of not more than Five ~undred Dollars ($~00.00) for each automated teller machine fa- cility for which a report has not been filed. ~my bank which makes a material false statement or material omission in any report filed pursuant to Section 4(B) of this la~, shall be li- able for a civil penalty of not more than One Thousand Dollars ($1,000.00) for each report. D.) A proceeding to recover any civil penalty authorized to be imposed pursuant to this law shall be commenced by the s~rvice of a notice of violation which shall be returnable to the Di- rector o~ the Coun=y Office of citizen Affairs, ~ho, after due notic~ and an opport%~nity for a hearing, shall b~ authorized to impose the civil penalties prescribed by this law. The Police Department, pertinent local police departments, and th County Office of Citizen Affair~ shall be authorized to enforce this law. S~_c~ion ~. ~xem~io.s. The pr$visions of this law shall not apply to any unenclosed auto. mated teller machine located in any building, structure, or space whos~ primary purpose ow function is unrelated to banking aotivitio=~, including, but not limited to supermarkets, airports, and school buildings, provided thaz such automated teller machine shall be available for use only during th~: regular hours of $peration of the building, ~truoture, or sp~¢e in which ~uo~' machine is located. effectiw - 4 - TOTAL P. 04 LEGISLATURE HALIP TO '-q6817154 If any Clause, sentence, paragraph, subdivision, sec~ien, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of comDAter.t jurlsdi0tion to be invalid or unconstitutional, such order or judg- ment shall not affect, impair, or invalidate the remainder the:~eof, but shall bm confined in it operation to the clause, sentence, paragraph, subdivision, ~et~on, or part ~f this law, or in its application to the per:son, individual, corporation, firm, partnership, entity, or circumstance dire,:tly involved in the controversy in which such order or judgment shell be rende:~ed. S.eetion 10. SEORA petarmin, e~io~_ Thi~ ~.eglslature, being the State Environmental Quality Review Act ($EQRA) lead agency, hereby finds and determines that this law constitutes Type II action pursuant to Section 617.13(d)(21) Of the NEW YO~K CODE OF RULE.'. AND REGOLATIONS (N¥CRR) and within the meaning of Section 8-0109(2) of the NEW YORK ENVIRONMENTAL CONSERVATION LAW as a promulgation of regulations, rules, policies, procedures, and legislative decisions in connection with continuing agen{~y ad~mi~tration, management and information collection. The Suffolk COUnty Council oniEnvironmental Quality (CEQ) is hereby directed to circulate any appropriate .SEQRA notices of determination of non-applicability or non-signif~ance in accordance with this law. ~tion X1. Effe~_%ive Da~e. This law sl~all take effect on January 1, 19~. DATED: April 20, 1194 Effective Pursuant to Section 2-15D SUFFOLK COUNTY CHARTER APPROVED BY: Cgunt~ E×e~tl*e of suffolk County D~te of Approval: The Couqt.~ Executive held a public hearin~ on April 28, 1994. Filed with the Secretary',of S~atg on llay 31, 1994. WILLIAM T. MEDLOW AIA 2t SULLIVAN DRIVE JERICHO, NEW YORK t1753 ARCHITECT 516-938-9662 PLERSE VERZFY RLL FRXE$ -- - -- ~ ...... FRX ND. 516--&81-?13q /ILLIAM T. MEDLOW AIA ARCHITECT 21 SULLIVAN DRIVE JERICHO, NEW YORK t1753 516-938-9662 February 17, 1995 Mr. Richard Ward Chairman of Planning Board Town of Southold Town Hall, ~lain Road P.O. Box 1179 Southold, N.Y. 11971 Re: FLEET DANK Dear Mr. Ward: I have previously submitted a drawing to the Planning Board (the attached SOU-038) indicating lighting for the front of the Fleet Bank building on Main Road in Southold. it is my understanding that the Board is not in favor of what is shown including the 2 proposed 14' high light poles. Please let me point out that I understand your response, unfortunately, the lighting levels spelled out in my drawing are to conform to the new Suffolk County Lighting Law for AT~4's. The big question is where these lights are mounted. Are they mounted on the building and directed toward the street or on poles and directed toward the building. As this Law is presently in effect, I would appreciate some direction one way or the other. Very tr.u~/~ ~,our~, William '1-. ~tedlow attach. cc: Mr. E. Haddock / Fleet Bank EXTERIOR LIGHTING PLAN STREET LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Project Type: Site Plans Status: Incomplete Application - In Active SCTM #: 1000 - 61.-3-7 Project Name: Fleet Bank ATM, Li_ahtine Address: NYS Route 25, Southold Hamlet: Southold Applicant Name: Fleet Bank Owner Name: Fleet Bank Zone 1: Approval Date: /&///of OPTIONAL ADDITIONAL INFORMATION End SP Date: Zone 2: Location: SC Filin,q Date: C and R's: Home Assoc: R and M A,qreement: A date indicates that we have received the related information Zone 3: SCAN Date: SCANNED APR 2 7 ~010 '1 em~rcts Management