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HomeMy WebLinkAboutLL 2011 #07 STATE OF NEW YORK DEPARTMENT OF STATE ANDREW M. CUOMO (~OVERNOR CESAR A. PERALES SECRETARY OF STATE Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 July 26, 2011 RECEIVED AUG -1 ~ $oulhol~l Tovm Clerl~ RE: Town of Southold, Local Law 7 & 8 2011, filed on July 25, 2011 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from out website, www.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 ONE COMMERCE PLAZA, 9g WASHINGTON AVENUE · ALBANY, NY 12231-0001 · (518) 474-0050 WWW.DOS.STATE.NY.US E-MAIL: INFO.DOS.STATE.NY.US SUMMARY OF LL/PARKING ON FACTORY AVENUE THE PROPOSED LOCAL LAW THAT IS BEING SCHEDULED FOR A PUBLIC HEARING THIS EVENING SETS FORTH AN AMENDMENT TO TOWN CODE SECTION 260-15 "PARKING OR STANDING PROHIBITED DURING CERTAIN TIMES" AND SECTION 260-22 "LOADING ZONE" WITH RESPECT TO PARKING ON FACTORY AVENUE IN MATrlTUCK. THE INTENT OF THE PROPOSED AMENDMENTS IS TO ELIMINATE UNDUE CONGESTION, RESTRICTIONS ON ACCESS AND DANGEROUS TRAFFIC CONDITIONS IN THE AREA, WHILE PROVIDING A 30 MINUTE LOADING ZONE ON THE EAST SIDE OF FACTORY AVENUE NEAR THE SHOPPING CENTER. THE FULL TEXT OF THE PROPOSED LOCAL LAW IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. 1QIARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro(~Wtown.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(a/town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM JUL 2 7 ~ To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza ~,~ !~!~?c~t~ (~r~ Secretary to the Town Attorney July 26, 2011 LUFactory Avenue Parking - SEQRA Date: Subject: For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures .,.2o ORIGINAL Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Al)plicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold Town Board / Parking on Factory Avenue 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Factory Avenue, Mattituck, New York 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Factory Avenue". 7. AMOUNT OF LAND AFFECTED: Initially HA acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? --[~J Yes [] No If NO, describe briefly 9. WHAT S PRESENT LAND USE IN VICINITY OF PROJECT9 [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open S0ace [] Other Describe: All 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes L~ No If Yes, list agency(s) name and permit/approvals: Approval from the New York State Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~ Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~]No Applicant/sponsor nlaCmEe~TIFY-'~T ~O:~=M-~'oO~ ID~._E -~E~'S2RUE TO THE BEST OF MY KNODatV~e~D~GuE~e 30, 9011 Signature: I If the action ia in the Coastal Area, and you are a state agency, complete the ~ Coastal Assessment Form before proceeding with this assessment I OVER IMPACT ASSESSMENT (To be completed by !,~d Agency) A. DOES ACTION EXCEED ANY TYPE ~ THRESHOLD IN 6 NYCRR, PART 617.4? ~f yes, coordinate the review procoss and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another involved agency. [-~ Yes [~'] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, tish, shellfish or wildlife species, signiticant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identh~ed in C1 *C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVtRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritIssubstantia~~~arge~imp~rtant~r~therwisesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potenflally large or significant adverse impacts which MAY occur. Then proceed direcfly to the FULl EAF and/or prepare a positive declaration. ] Check this box if you have determined, based on the information and analysis above and any supporttng docomentation, that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatior Town of Southold Town Board June 30, 201 l Scott~ussell,~ Name of Lead Agency Date Supervisor Print ~~cy T[g~ ~f Responsible Officer Signat~,~Sf~parar (If dlfferent fi-om respond) RESOLUTION 2011-498 ADOPTED DOC ID: 6978 THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-498 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and it is further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Customer Copy EM 591171010 US u~,r=es'rarEs.osratsE, wcE* PostOfficeToAxldressee FROM:~s~ ~o.E(_~t I~ - ~ ~ONN OF $OUTHO~D PO BOX [179 $OUTHOLD NY .t1571-09S9 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY j ennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 RECEIVED MEMORANDUM To: Ms. Sandi Berliner JUL 2 2 2011 From: Lynne Krauza Secretary to the Town Attorney Southold Town Clerk July 21,2011 LUFactory Avenue Parking - SEQRA Date: Subject: I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. /Ik Enclosure ~ cc: Ms. Elizabeth A. Neville, Town Clerk (w/encl.) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A])plicant or ProJect Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME Town of Southold Town Board / Parking on Factory Avenue 3. PROJECT LOCATION: Munidpality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) l:actory Avenue, Matiituck, New York 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Factory Avenue". 7. AMOUNT OF LANDAFFECTED: Initially ~'~ acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] PaddForest/Open Space [] Other Desc~be: All 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~ U No If Yes, list agency(s) name and permit/approvals: Approval from thc New York State Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODiFICATiON? []Yes [~]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS ];RUE TO THE BEST OF MY KNOWLEDOE Applicant/sponsorname: -~{'"~r.~/~ ~:)'~ .~0 ~"~'t~ C/'~/' Date: June 30, 201l Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL FAF. r-~ Yes r~No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 if No, a negative declaration may be superseded by another involved agency. [~Yes r~No C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or gmuodwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for eresion, drainage or flooding problems? Explain briefly: None C2. Aesthetic, agricultursl, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shelh3sh or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other naturel resources? Explain bdefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other ell~=~cts not identified in C1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefiy: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether itis substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessaPJ, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail te show that all ra[evant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more pofenflally large or significant adverse impacts which MAY occur. Then proceed directly to the FULl FAF and/or prepare a positive declaration. [] Check t his box if you have detsrmined, based on the information and analysis abeve aod any supperfing documentation, that the proposed action WILt NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board June 30, 2011 Scott,~_ussell,~ Name of Lead Agency Date Supervisor Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency ~-it~f Responsible Officer RESOLUTION 2011-498 ADOPTED DOC ID: 6978 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-498 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Trattic~ in connection with Parking on Factory Avenue" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and it is further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Kmpski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Rudder, Lynda From: Sent: To: Subject: ezsupp [ezsu pp@generalcode.com] Thursday, July 21, 2011 2:23 PM Rudder, Lynda RE:LL#7&8 Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e- mail your Account Representative. General Code 1-800-836-8834 ezsupp@generalcode.com ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD M591171010US July 21,2011 Express Mail RE: Local Law No. 7 & 8 of 2011 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 7 & 8 of2011 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANYI NY 12231 (Use this form to file a local law with the Secretar~ of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rn County n City [] Town of [] Village SOUTHOLD Local Law No. 7 of the year 2011. A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Factory Avenue". Be it enacted the Town Board of the: O County [] City [] Town of [] Village SOUTHOLD Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Months & Hours Factory Avenue West At all times Location In Mattituck, along the west side of Factory Avenue from the northern comer of New York Route 25 to the south side of the Metropolitan Transit Authority (Long Island Railroad) property (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) Name of Street Side During Months & Hours Location Factory Avenue East At all times Factory Avenue Both At all times § 260-22. Loading Zone. In Mattituck, along the east side of Factory Avenue from a point 222 feet northerly of New York Route 25 (edge of existing fire lane) to the south side of the Metropolitan Transit Authority (Long Island Railroad) property. In Mattituck for commercial vehicles only, along both sides of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. Name of Street Side During Months & Hours Factory Avenue East 30 minutes Location In Mattituck, from the south side of the Metropolitan Transit Authority (Long Island Railroad) property southerly to the north side of the first driveway on Factory Avenue for the Shopping Center located on the north side of New York Route 25. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. (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. 7 of 20 11 of the ~Town) (V~P.a?,:) of SOUTHOLD was duly passed by the TOWN BOARD on July 19 ,20 11 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approvedXre-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) l 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 (approvedXnot approvedXrepassed 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 (approvedXnot 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 ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __., became operative. 6. (County local law concerning adoption of Charter.) 1 hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk oft~ County legislative booty. City. Town or (SeaO Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: July 20, 2011 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law co--ct text and have been had or taken for the enactment of the local law annex~ Signatu~e~- J ~ Martin D. Finnegan, Town Attorney Jennifer Andaloro, Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: July 20~ 2011 that all proper proceedings 4 RESOLUTION 2011-538 ADOPTED DOC ID: 7009 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-538 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2011: WHEREAS there had been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parkim, on Factory Avenue" and be it further WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue" reads as follows: LOCAL LAW NO. 7 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffie~ in connection with Parking on Factory Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Months & Hours Factory Avenue West At all times Location In Mattituck, along the west side of Resolution 2011-538 Board Meeting of July 19, 2011 Factory Avenue from the northem comer of New York Route 25 to the south side of the Metropolitan Transit Authority (Long Island Railroad) property Name of Street Side During Months & Hours Factory Avenue East At all times Factory Avenue Both At all times Location In Mattituck, along the east side of Factory Avenue from a point 222 feet northerly of New York Route 25 (edge of existing fire lane) to the south side of the Metropolitan Transit Authority (Long Island Railroad) property. In Mattituck for commercial vehicles only, along both sides of Factory_ Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. § 260-22. Loading Zone. Name of Street Side During Months & Hours Factory Avenue East 30 minutes Location In Mattituck, from the south side of the Metropolitan Transit Authority (Long Island Railroad) property southerly to the north side of the first driveway on Factory Avenue for the Shopping Center located on the north side of New York Rome 25. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Updated: 7/19/2011 2:54 PM by Lynda Rudder Page 2 Resolution 2011-538 Board Meeting of July 19, 2011 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Updated: 7/19/2011 2:54 PM by Lynda Rudder Page 3 SOUTHOLD TOWN BOARD PUBLIC HEARING July 5, 2011 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Fiunegan This hearing was opened at 7:49 PM COUNCILMAN TALBOT: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffie~ in connection with Parking on Faetor~, Avenue" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the Sth day of July, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory, Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding Parking on Factory Avenue Public Hearing July 5, 2011 community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Location Months & Hours Factory Avenue West At all times In Mattituck, along the west side of Factory Avenue from the northwest comer of New York Route 25 to the southwest comer of Old Sound Avenue 2 Name of Street Side During Location Months & Hours Factory Avenue East At all times side of § 260-22. Loading Zone. Name of Street Side Factory Avenue East In Mattituck, along the east Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast corner of Old Sound Avenue. Duration 30 minutes Location/Description In Mattituck, from the northerly curb of the ingress/egress on Factory Avenue for the Shopping Center located on the north side of New York Route 25, northerly approximately 300 fi. to the Metropolitan Transit Parking on Factory Avenue Public Hearing 3 July 5, 2011 Authority (Long Island Railroad) property. lII. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice that it was posted on the Town Clerk's bulletin board. I have a notice that it was posted on June 23, 2011. A couple of letters here, one from Martin Sidor, chairman of the Southold Town Planning Board, 'Thank you for the opportunity to provide comments on the proposed local law referenced above. The Planning Board has reviewed the proposed legislation and proposes several changes as follows: 1. Loading zone, Clarify the location and length of the 30 minute loading zone on the east side of Factory Avenue. Consider changing it to extend from the south side of the MTA/LIRR property to the north side of the 1st driveway (for the loading dock). This may be a shorter distance than the 300" noted in the draft local law. Allowing a loading zone between the loading dock driveway and the main driveway could be dangerous for the general public exiting the shopping center. Trucks parked there block driver's view of oncoming traffic. Retain the "parking and standing prohibited" area between the loading dock driveway and the main shopping center driveway on Factory Avenue. Further the Town should send a copy of the new parking requirements to the management of Waldbaums and the owners of the shopping center, along with a cover letter outlining the Town's expectations with respect to how trucks will use Factory Avenue and the site. This letter could outline our expectation that vendors will be told to instruct their drivers to use the parking lot to wait for a spot in the loading zone rather than use the street. 2. South side of LIRR, We agree with the "parking or standing prohibited" on both sides of Factory Avenue south of the LIRR to Rt. 25, excluding the loading zone area described above. Consider whether there is a time of day or night when parking and standing on the west side of Factory Avenue, south of the LIRR would be acceptable. 3. North side of LIRR, From Old Sound Avenue south to the south side of the LIRR on both sides of Factory Avenue, change the parking restriction sign to read "no parking or standing of commercial vehicles." This would restrict commercial vehicles, yet allow residents to park on the street in this neighborhood. Residential parking in the street helps calm through-traffic." I have a letter from Andrew Freleng, chief planner of the Suffolk County Planning Commission, "Pursuant to the requirements of section A 14-14 to 23 of the Suffolk County administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for Parking on Factory Avenue Public Heating July 5, 2011 4 local determination as there is no apparent significant county-wide or inter-community impact. A decision of local determination should not be considered as either an approval or disapproval." And just a letter from the LWRP coordinator stating that it is consistent with the LWRP and it is my recommendation that the proposed consistent action and therefore is consistent with the LWRP, pursuant to chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. And one more thing, just the short environmental assessment form is also in there. That is it. SUPERVISOR RUSSELL: What I would like to do is invite anybody that has a comment on this particular proposed local law, this, again, this is for the no parking that we are attempting to establish along Factory Avenue. Would anybody like to comment on that local law now? NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I am glad that we are going to be helping the people on that street. I was just curious, there is no fine, what the fine would be if they are, you know, breaking that law. What will their fine be? SUPERVISOR RUSSELL: I will refer that to the attorney but we already established fines by code for violations of parking in a no parking zone etc. The fine structure here would be the same as in any other no parking or no standing zone. MS. SAWASTYNOWICZ: Well, I would like to make a suggestion to make it bigger there because we have such a problem there. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? Mr. Heyliger? LEROY HEYLIGER: My name is Leroy Heyliger. I live in Matfituck on Wickham Avenue. And our church, the Unity Baptist church is on Factory Avenue and I am very pleased that you are working on this parking problem that we have there because it has been a hazard to the, not only to the residents in the area but since the cottages have been put there, there was no egress for them, no way that they could walk down the sidewalk with the baby carriages and I noticed that ever since the brash pickup on the north side of Factory Avenue, the signs that said the speed limit, when you come off Old Sound Avenue, they were removed and also the sign that was there that said watch out for children, that was removed. And the cars come off Old Sound Avenue, they come down Factory Avenue, they come zipping over the railroad track and people coming out of the cottages with baby carriages and young children walking down to the mall, they have to go out on the dirt on that side after you go across the railroad track. It is a very hazardous, dangerous situation. Another thing that we have there is just lately, on the comer where the ice cream shop is, they put a fence up where the 7-11 is going, so the cars, this past weekend, have been parking on that side and when you come off Route 25, make that turn, you can't get through. It is a very dangerous situation. They park right up against that fence by the 7-11 where it is going and they are on both sides. You make Parking on Factory Avenue Public Hearing 5 July 5, 2011 that turn offRoute 25 to go onto Factory Avenue, it is very narrow. There is going to be a serious accident there. COUNCILMAN KRUPSKI: There is already no parking there. That should just be an enforcement issue. SUPERVISOR RUSSELL: That is an enforcement issue that we will certainly bring to the attention of.... MR. HEYLIGER: And this holiday weekend, it really, really was bad at that comer. COUNCILMAN TALBOT: Who is that, the contractor that is working on that site? MR. HEYLIGER: They are working on it but they have got a chain link fence across there. SUPERVISOR RUSSELL: They took the fence down for a few weeks, got in and did some clearing and then put a new fence up. It is my understanding that they expect to have it open by the end of August. MR. HEYLIGER: I think someone should look into it. SUPERVISOR RUSSELL: We will. MR. HEYLIGER: Because this past weekend, it has really been bad at that intersection. Thank you. COUNCILMAN KRUPSKI: Mr. Heyliger, you have been very patient with us, we worked on this actually for years. Could you comment on the actual recommendations of the Planning Board? Would you like to take a look at this? I would appreciate your comments on this. COUNCILMAN ORLANDO: The blue on the east side will be the unloading, that little... COUNCILMAN KRUPSKI: That would be the unloading right there. Yes. And then north here would be no commercial parking and the red will be no parking. SUPERVISOR RUSSELL: There is a minor distinction between what we proposed under this local law that is subject to a hearing tonight and what the Planning Board recommended. By and large the Planning Board recommended that there would be no parking or standing of commercial vehicles north of that terminus where the LIRR crosses. They have also narrowed the loading, unloading area to this small section where the wooded parcel is right behind the shopping center. The local law that we are noticing, actually, has no parking or standing along this whole road up to the northerly Parking on Factory Avenue Public Hearing 6 July 5, 2011 section, obviously on the westerly side and a little bit more an expanded ingress for, standing for trucks. So those are two issues we are trying to reconcile tonight. MR. HEYLIGER: This is good 30 minutes, because those trucks do need some time. SUPERVISOR RUSSELL: Well... MR. HEYLIGER: I noticed in the last few, couple of weeks, that tractor trailers either they park against our fence and along this side and they have been patiently waiting to unload from the east side. Inaudible. My concern is when those 50 footers come in there and they make that turn and they back in and when you get snow, snow banks, on both sides, it is almost impossible to get through. And if an emergency vehicle has to come through in the wintertime to reach these residents or if someone up here gets sick or something, there is no way that they could even get through at that hour of the day. it has to be more monitored carefully during those hours when those 50 footers are coming in and backing up. Especially in the wintertime. That is a very hazardous time. Snow banks on both sides. It is terrible. Takes them almost 45 minutes sometimes. COUNCILMAN KRUPSKI: Do you think that is a workable plan there? MR. HEYLIGER: I think that that 30 minutes, that loading time, to give them time to load. It seems to be working right now. Because they are not parking on our side, like they used to. COUNCILMAN KRUPSKI: Okay. COUNCILMAN ORLANDO: So it is reasonable? The 30 minutes is reasonable? MR. HEYLIGER: And as the people come out from their cottages, now they are able to have better egress now. COUNCILMAN KRUPSKI: Yes, because no one is parked there. Yes. MR. HEYLIGER: It is not perfect yet .... COUNCILMAN RULAND: Well, I think certainly our plan is to extend the sidewalk to the railroad. MR. HEYLIGER: That would be wonderful. COUNCILMAN RULAND: And then of course, the bigger plan would be to get cooperation fi.om the rail road to make a full fledged crossing... COUNCILMAN ORLANDO: That is going to take some time. Parking on Factory Avenue Public Hearing July 5,2011 7 COUNCILMAN RULAND: I understand that but I don't think that you give up, I think that you keep working toward you know, making it safer. Safer as you say and certainly extending the sidewalk to the railroad property would be the first step in making it safer. On the east side. I am talking about the east side of the road. And then a place for those people to cross to get to the east side of the road. And I think then it could be as safe as it could be given the constraints of the width of the road and some things we can't change, obviously there are things that need to be changed and should be changed and this seams like a reasonable alternative to outright banning parking with no place for anybody to go. But also, I am not naive enough to believe that just because we enact a law on paper and put up a sign, that unless we back it with enforcement and make it stick, it's not going to help anybody along that corridor and I think we are committed to do that. I think this is certainly the first step in doing that but I think that all the people that you represent have been more than patient, there is no question about that, some of the other people that are involved I think are needed to be prodded even now, even after this is adopted, I think that there still could be more cooperation from the Waldbaum's and from their vendors. Because I still do not believe that even on Long Island, let alone other parts of the metro area, but even on Long Island there aren't similar situations with similar stores in other communities that probably are mom restrictive than we are as to what they will allow and when they will allow it. I know personally I have made deliveries in Great Neck and to floral shops and you come at midnight, you don't come there during the day. You just don't go there. They will write you an expensive ticket. MR. HEYLIGER: Inaudible. COUNCILMAN RULAND: I think, never say never. I think that there is going to be a combination between what is being proposed here and common sense to make it work. But I certainly appreciate your tenacity. SUPERVISOR RUSSELL: Would anybody else like to comment on this particular local law? BRAD MERILA: Hi, Brad Merila and I live in the cottages and my lot backs Factory Avenue and everything that Mr. Heyliger said, I echo completely. Now, being one of the residents there, I would just like to, and I will make it quick. I would just like to give you a couple of my own observations. As you know, I did write a letter and you probably have it on file, matter of fact, it was two letters. There are several safety issues there, there are several quality of life issues there and I am glad to see the town is working to try to get some of these issues ironed out. The observations that I have with the idling trucks, the loading and unloading, the noises, the sounds, the skids, the horns that go on 24/7. It's, you know, the trackers can communicate each other by horns and it really is, it really is a bad quality of life issue. The speeding, we have been over that before at the carter meeting, the speeding is completely out of control, the U-tums that the truckers make on that road, in residents driveways, I have seen it. We have seen a track go by and a minute and a half later, it will go back the other way to go back to Route 25. it is completely out of hand. If this works, you know, this is at least a step in the right direction. Everything that you are doing. The one thing that I wanted to ask is it possible Parking on Factory Avenue Public Hearing July 5, 2011 for the town to for the lack of a better word, coerce or I don't even like to say force, that is a bad term but can the owner of the Mattituck Plaza be forced to create a better loading situation behind the stores? SUPERVISOR RUSSELL: We actually met with him on that issue, the problem is they don't own very far behind that shopping center. MR. MERILA: Right. SUPERVISOR RUSSELL: There is not a lot, and all of the utilities are looped around that back but he did say he was certainly open to any suggestions we had. Our goal right now is to get the trucks off of Factory Avenue and get them into the parking lot. There is plenty of room there, particularly since a lot of the deliveries we notice are in the mornings, early mornings and there is plenty of space in that parking lot to serve as a de facto loading zone while people are waiting to get to the back. That is our more immediate goal. Longer term is to bring something of a more holistic solution to it. MR. MERILA: Because believe me, the traffic does back up and it backs up across the railroad tracks which could be a dangerous situation. You know the maintenance cars on the railroad tracks go back and forth all the time without warning and there could be a serious accident, not to mention the speeding, you know we have been through that before I am not going to take up any more of your time, you know what my concerns are and I want to thank you for listening. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment on this particular local law? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. I would just like to echo the sentiments of the previous speaker but you know, so there is a problem with on Factory Avenue prohibiting the parking there will help solve that but are we going to cause another problem in the parking lot? I was down there the other day and there was a big track in the parking lot while everybody was coming in and out and blocked all the vision of all the cars. It is my understanding that that shopping center was planned and permitted I think in thc 70's and that there have been some significant changes in the operation since then, does the town have any intention to call the business owner in and have them submit a revised site plan? To provide for... SUPERVISOR RUSSELL: We already have met with the owner of the shopping center, we actually have made efforts to meet with the management fi.om the different tenants. One of the realities is is that they are going to have to control their own shipping, in other words, if the parking lot is too full at certain times of the day, they are going to have to work with their truckers to make sure they can bring their trucks in when it is a lighter use theru. You know, those are problems they are going to have to solve on site. That is the goal here, is to get those trucks into that parking lot and then let them schedule, get the management fi.om Waldbaum's to schedule their deliveries around their customer Parking on Factory Avenue Public Heating 9 July 5, 2011 trade so that they don't interrupt each other. They have to be more flexible with their tracking hours. MR. SCHWARTZ: Well, most businesses beside their voluntary doing the right thing, the town requires them to put forth site plan which prescribes how they are going to handle it... SUPERVISOR RUSSELL: They have an approved site plan. MR. SCHWARTZ: You are here creating legislation which command and control legislation to force the traffic, the parking and the traffic off the street at the same time, with all due respect, I suggest that the code enforcement whoever, might look into the current permit and see whether it is still appropriate. A lot of the parking was for spots behind the storefronts which are not being used but you know, it is nice to think that he is just going to do the fight thing if you ask him but sometimes you need to... SUPERVISOR RUSSELL: That is what the legislation is all about. MR. SCHWARTZ: Thank you but I think the legislation is just doing half the job. SUPERVISOR RUSSELL: Okay Benja. Would anybody else like to address the Town Board on this particular local law? Marie? MARIE DOMENICI: Marie Domenici, Mattituck. Regarding the diesel idling law, that really is not something that the town can enforce, is it? Because that is really a DEC thing or can the town enforce it? SUPERVISOR RUSSELL: I am going to let my trucking experts on the Board handle that. COUNCILMAN RULAND: Anypolice officer. MS. DOMENICI: A police officer then can issue a fine? COUNCILMAN RULAND: No, they can issue a summons. The fines are adjudicated in the court. MS. DOMENICI: Oh, okay. COUNCILMAN RULAND: But it is a $500 ticket. MS. DOMENICI: Okay. COUNCILMAN RULAND: Five minutes in the state of New York. Parking on Factory Avenue Public Hearing 10 July 5, 2011 MS. DOMENICI: Yeah, yeah. So then the DEC doesn't have to have any control over that. the town can absolutely enforce that law? COUNCILMAN RULAND: They can. The DEC police, the Environmental Conservation police on a random basis, I won't say regularly, but randomly usually during the day, stop at some of the local delis and basically, you have let~ it unattended with the motor running that is a no-no and you know, you just watch your watch. When the five minutes is up... you are going to go see the judge unless you plead guilty. MS. DOMENICI: So then it would be really incumbent on us to make phone calls when we see the trucks idling? COUNCILMAN KRUPSKI: Well, you can talk to the Town Board if it is a problem because it might be hard for the police to react to that in time, to make a call there. As opposed to calling, if there is a problem in a certain area, I would say if there is a problem in town contact the Supervisor's office immediately. SUPERVISOR RUSSELL: Albert's favorite answer to everything. COUNCILMAN RULAND: But in all fairness, it really is more of an attitude that a community or an area would buy into. For instance, in the city of New York if you did that, let me tell you, that before you could finish your paperwork and unbuckle your seat belt, the guy would be there writing you a summons because they take it very seriously, very seriously. Because I guess even on a good day, the air is tough to breathe in there, so I understand that but I also think that it is a quality of life issue, that is why the law was enacted in the first place. And .... COUNCILMAN KRUPSKI: We do get complaints and so you should tell us and as police commissioners we do sit down and talk to the police and you know, we get complaints about speeding here or people going through stop signs there and then they will take a look, a harder look at one particular area with the problem and they will issue tickets and then people do slow down and they do stop at stop signs, so it is sort of, it is just normal, ongoing thing. MS. DOMENICI: Okay. Well, thank you for the information. SUPERVISOR RUSSELL: Okay. Would anybody else like to comment on this particular legislation? COUNCILMAN ORLANDO: I have a question for Martin. Can we accept the Planning Board's recommendation without re-hearing the public hearing or are there a lot of changes? TOWN ATTORNEY FINNEGAN: I think there is enough that we will probably have to. Parking on Factory Avenue Public Hearing 11 July 5,2011 SUPERVISOR RUSSELL: Let's close the hearing, then we will get it on paper. This hearing was closed at 8:13 PM Southold Town Clerk RESOLUTION 2011-500 WITHDRAWN DOC ID: 6970 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-500 WAS WITHDRAWN AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2011: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory. Avenue" and be it further WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, NOW THEREFOR BE IT RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue" reads as follows: LOCAL LAW NO. 7 of 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory. Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessal'y to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Months & Hours Factory Avenue West At all times Location In Mattituck, along the west side of Resolution 2011-500 Factory Avenue East At all times Board Meeting of July 5, 2011 Factory Avenue from the northwest comer of New York Route 25 to the southwest comer of Old Sound Avenue In Mattituck, along the east side of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. § 260-22. Loading Zone. Name of Street Factory Avenue Side East Duration 30 minutes Location/Description In Mattituck, from the northerly curb of the ingress/egress on Factory Avenue for the Shopping Center located on the north side of New York Route 25, northerly approximately 300 ft. to the Metropolitan Transit Authority (Long Island Railroad) property. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: NO ACTION Updated: 7/5/2011 3:11 PM by Lynda Rudder Page 2 RESOLUTION 2011-498 ADOPTED DOC ID: 6978 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-498 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 5, 2011: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Facto~ Avenue" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and it is further RESOLVED that the Town Board of the Town of Southold hereby determines such action to be consistent with the Town of Southold LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Points of Reference *measured in dBA or decibels · 0 The softest sound a person can hear with normal hearing · 10 normal breathing · 20 whispering at 5 feet · 30 soft whisper · 50 rainfall · 60 normal conversation · 110 shouting in ear · 120 thunder Home Work Recreation · 50 refrigerator · 40 quiet office, library * 40 quiet residential area · 50 - 60 electric ,, 50 large office · 70 freeway traffic toothbrush · 65 - 95 power lawn · 85 heavy traffic, noisy · 50 - 75 washing mower restaurant machine * 80 manual machine, o 90 truck, shouted · 50 - 75 air conditioner tools conversation · 50 - 80 electric shaver · 85 handsaw · 95 - 110 motorcycle · 55 coffee percolator · 90 tractor · 100 snowmobile · 55 - 70 dishwasher · 90 - 115 subway · 100 school dance, · 60 sewing machine · 95 electric drill boom box · 60 - 85 vacuum cleaner · 100 factory machinery · 110 disco · 60 - 95 hair dryer · 100 woodworking class · 110 busy video arcade · 65 - 80 alarm clock · 105 snow blower · 110 symphony enncert · 70 TV audio · ll0powersaw · ll0carhorn · 70 - 80 coffee grinder · 110 leafblower · 110 -120 rock concert · 70 - 95 garbage · 120 chain saw, hammer · 112 personal cassette disposal on nail player on high · 75 - 85 flush toilet · 120 pneumatic drills, · 117 football game · 80 pop-up toaster heavy machine (stadium) · 80 doorbell · 120 jet plane (at ramp) · 120 band concert · 80 ringing telephone · 120 ambulance siren · 125 auto stereo (factory · 80 whistling kettle · 125 chain saw installed) · 80 - 90 food m~xer or · 130 jackhammer, power · 130 stock car races processor drill · 143 bicycle horn · 80 - 90 blender · 130 air raid · 150 firecracker · 80 - 95 garbage · 130 percussion section · 156 capgun disposal at symphony · 157 balloon pop · 110 baby crying · 140 airplane taking off · 162 fireworks (at 3 · 110 squeaky toy held · 150.jet engine taking off feet) close to the ear · 150 artillery fire at 500 · 163 ritle · 135 noisy squeeze toys feet · 166 handgun · 180 rocket launching · 170 shotgun from pad Factory Avenue Parking & Loading: Current draft Local Law Factory Avenue - Planning Board Recommendations - July, 2011 SUMMARY OF LL/PARKING ON FACTORY AVENUE THE PROPOSED LOCAL LAW THAT IS THE SUBJECT OF TONIGHT'S PUBLIC HEARING SETS FORTH AN AMENDMENT TO TOWN CODE SECTION 260-15 "PARKING OR STANDING PROHIBITED DURING CERTAIN TIMES" AND SECTION 260-22 "LOADING ZONE" WITH RESPECT TO PARKING ON FACTORY AVENUE IN MATTITUCK. THE INTENT OF THE PROPOSED AMENDMENTS IS TO ELIMINATE UNDUE CONGESTION, RESTRICTIONS ON ACCESS AND DANGEROUS TRAFFIC CONDITIONS IN THE AREA, WHILE PROVIDING A 30 MINUTE LOADING ZONE ON THE EAST SIDE OF FACTORY AVENUE NEAR .THE SHOPPING CENTER. 10291 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 23rd day of June, 2011. Principal Clerk Sworn to before me this CHRiSTiNA VOLINSKI NOTARY PUB[.tC-STAI'E OF NEW YORK No, 01.VO6105050 QuoBtled ir1 ~utfoi~ County In Mattituck. from the F~ Center located on the north side of New York III. SEVERAB[LITY If any clause sentence, paragraph, section, or par of th~s Local Law shall be ad- judged by any cour~ of competent jurisdiction to be invMid, the judgment shall not affect thc validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon fthng with the Secretary of State as pro~ided by law. Dated: May 24, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 10291-1T 06/23 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 /r~ day of~, 2011, she affixed a notice of which the annexed printed notice is a true c6py, 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. Re: Factory Ave parking Sworn before me this ~/ d~y of ~.Zi~_2~, 2011. ~otary P~blic · LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01C04822563, Suffolk County/ Term Expires December 31, 20 (~llizabeth A. Neville Southold Town Clerk 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION {To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Southold Town Board Parking on Factory Avenue 3 PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Sb-eet address and road intersections, prominent landmarks, etc., or provide map) l~actory Avenue, Mattituck, New York PROPOSED ACT~ON IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY; "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Factory Avenue". 7. AMOUNT.,~)ff LAND AFFECTED: Initially "~' acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] A~riculture [] PariUForest/Open Space [] Other Describe: All 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No if Yes, list agency(s) name arid perm{t/approvals: Approval from the New York State Department of State 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL[D PERMIT OR APPROVAL? [] Yes [] NO If Yes, list agency(s) name and permit/approvals: NA 12. AS A RESULT OF PROPOSED ACTION W~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? F-] Yes ~7~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Dale; June 30, 20l I Signature: If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceed ng with this assessment OVER =ART Ii - IMPACT ASSESSMENT (To be completed by Lead A;lency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD ~N 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~1 Yes [~]No S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, s negative deciaraflon may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING~ (Answers may be handwritten, if legible) C1, Existing air quality, sudace or groundwater qua/fly or quant~y, noise levels, existing traffic pattern, sol~d waste production or disposal, potenUal for erosion, d~a~nage or flooding problems? Explain bdefly: None C2. Aesthetic, agricultural, archesologicet, historic, or other natural or cultural resources: or commt~nity or neighborhood character? Explain briefly; None C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or lhreafaned or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change in use or intensity Of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related apt/v/Ilea likeiy to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumuledve, or other effects not identified in C1-C57 E~plain briefly: None C7. Other impacts (including changes in use of either quantity or type of aneq~y)? Explain briefly: None D. W1LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. iS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, laFJe, Imporlant or otherwise significant Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (el geographic scope; and (fl magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Peri II was cbecked yes, the determination of s~gnRicsnce must evaluate the potential impact of the pmpceed action on the environmental charaotedstics of the CEA. ] Chock this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULt EAF and/or prepay8 e positive declaration. [] Check this box if you have deform/fled, based on the Information and analysis above and any supporting documentaklon, thot the pr°p°sed acti°n WI LI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessmT, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signalum of Responsible Officer in Lead Agency June 30, 20It Date Supcrvisor ~..~.------T'Hte~kf Responsible Officer PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To; MEMORANDUM Elizabeth A. Neville, Town Clerk JUt; 2 9 Cc; Town Board, Town Attorney Southold To~m ¢lerl~ From: Date: Martin Sidor, Chairman, Southold Planning Board ,~ June 22, 2011 Re; "A Local Law in Relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Factory Avenue in the Town of Southold." Thank you for the opportunity to provide comments on the proposed Local Law referenced above. The Planning Board has reviewed the proposed legislation and proposes several changes as follow: 1. Loading Zone Clarify the location and length of the 30-minute loading zone on the east side of Factory Avenue. Consider changing it to extend from the south side of the MTA/LIRR property to the north side of the 1st driveway (for the loading dock). This may be a shorter distance than the 300' noted in the draft local law. Allowing a loading zone between the loading dock driveway and the main driveway could be dangerous for the general public exiting the shopping center. Trucks parked there block drivers' view of oncoming traffic. Retain the "Parking and Standing Prohibited" area between the loading dock driveway and the main shopping center driveway on Factory Avenue. Further, the Town should send a copy of the new parking requirements to the management of Waldbaums and the owners of the shopping center, along with a cover letter outlining the Town's expectations with respect to how trucks will use Factory Avenue and the site. This letter could outline our expectation that vendors will be told to instruct their drivers to use the parking lot to wait for a spot in the loading zone rather than the street. Factory Avenue Parking Local Law comments from Planning Board 2. South side of LIRR We agree with the 'Parking or Standing Prohibited' on both sides of Factory Avenue south of the LIRR to Rt. 25, excluding the Loading Zone area described above. Consider whether there is a time of day or night when parking and standing on the west side of Factory Avenue, south of the LIRR would be acceptable. 3. North side of LIRR From Old Sound Avenue south to the south side of the LIRR on both sides of Factory Avenue, change the parking restriction sign to read "No Parking or Standing of Commercial Vehicles". This would restrict commercial vehicles, yet allow residents to park on the street in this neighborhood. Residential parking in the street helps calm through-traffic. 2 IUL, 1. 2011 3:15PM 68~-858-4o44 $ o PL.~NZNa DEPT NO. 900 P, 1~6E 82 COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING SARAH LANSDALE, A,1.C, P. OIF, ECTOR OF Pt~NNING Towu of Southold P,O- Box 1179 South,old, NY 11971 Att'n: Lynn Krauza, Secretary to the Town Attorney JUL, t 20 I Applicant: Town Df Soutbold Zoning Action: Amendments: Chapter 200 "Prevention and control of Noise Pollution"; Chapter 260 '~Vekicles and Itel;lc, Pa~king on Factor9, Awnua, Public He,ring Date: 7/5/I I S.C.P.D. File No: SH-11-LD Pursuant to the requirements ofSeetions A 14-14 to 23 of thc Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk Couuty Plamniag Commission is con,doted to be amattcr for local det~zmination as there is uo apparent significant county-wide or inter-community impact(S). A decision Df local determination should not be considered as either an approval Dr disapproval. C orrm~ents: cc: l~lizebe*,h Neville, Town Cleric Truly yours, Samh La~d~le . Chief Pla-n~er LOCA'T~ON MA[kING ADDRESS H. LEE DENNISON ~LDG.. 4TH FLOOR P, O. BOX sIoo (6~1) 853-5191 1DO VETERANS NIEMOi~IAL HIGHWAY HAU~PAUGE, NY 117SS.0099 TEL~COPIER (651) 8~3-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southotd, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, 1qrY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: June 30, 2011 Re: "A Local Law in relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Factory Avenue". The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attorney LEGAL NOTICE NOTICE of PUBLIC HEARING WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of July, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Location Months & Hours Factory Avenue West At all times In Mattituck, along the west side of Factory Avenue from the northwest comer of New York Route 25 to the southwest comer of Old Sound Avenue Name of Street Side During Months & Hours Location Factory Avenue East side of At all times In Mattituck, along the east Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. § 260-22. Loading Zone. Name of Street Side Duration Location/Description Factory Avenue East 30 minutes In Mattituck, from the northerly curb of the ingress/egress on Factory Avenue for the Shopping Center located on the north side of New York Route 25, northerly approximately 300 ft. to the Metropolitan Transit Authority (Long Island Railroad) property. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: May 24, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON June 23, 2011, AND FORWARD ONE { 1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Web site Hwy Dept. Town Board Members Accounting Dept. Police Dept Town Attomey Building Dept Trans. Comm. ELIZABETH A. NEVILLE, RMC, CMC 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 1,2011 Re: Resolution Number 2011-410 "A Local Law in Relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Parking on Factory Avenue in the Town of Southold. Martin Sidor, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting held on May 24, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Suffolk County Department of Planning for their review. The date and time for this public hearing is 7:32P.M., Tuesday, July 5, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town 8oard RESOLUTION 2011-410 ADOPTED DOC ID: 6899 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-410 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWTq BOARD ON MAY 24, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th County, New York, on the 24 day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffie~ in connection with Parking on Factory Avenue" now,.therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of July, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic, in connection with Parking on Factory Avenue" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Location Months & Hours Resolution 2011-410 Factor,/Avenue West At all times Board Meeting of May 24, 2011 In Mattituck, along the west side of Factor? Avenue from the northwest comer of New York Route 25 to the southwest comer of Old Sound Avenue Name of Street Side Factor,/Avenue East During Months & Hours At all times § 260-22. Loading Zone. Name of Street Factor,/Avenue Location In Mattituck, along the east side of Factor? Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. Side Duration Location/Description East 30 minutes In Mattituck, from the northerly curb of the ingress/egress on Factory Avenue for the Shopping Center located on the north side of New York Route 25, northerly approximately 300 ft. to the Metropolitan Transit Authority (Long Island Railroad) property. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Updated: 6/1/2011 10:57 AM by Linda Cooper Page 2 Resolution 2011-410 Southold Town Clerk Board Meeting of May 24, 2011 RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 6/1/2011 10:57 AM by Linda Cooper Page 3 RESOLUTION 2011-411 ADOPTED DOC ID: 6900 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-411 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: 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 Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory. Avenue" to the Southold Town Planning Board and the Suffolk Count. Department of Plannino. for their recommendations and reports. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell ELIZABETH A. NEVILLE, RMC, CMC 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 southoldtown.northfork.net OFFICE OF THE TOWN CI~ERK TOWN OF SOUTHOLD June 1, 2011 Re: Resolution Number 2011-410" A Local Law in Relation to Amendments to Chapter 260, Vehicle and Traffic, in connection with Parking on Factory Avenue in the Town of Southold. Andrew P. Freleng, Chief Planner Suffolk County Department of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Freleng: The Southold Town Board at their regular meeting held on May 24, 2011 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law is also being sent to the Southold Town Planning Department for their review. The date and time for this public hearing is 7:32 P.M., Tuesday, July 5, 2011. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Southold lown Clerk Enclosure cc: Town Board wnBoard - Letter RESOLUTION 2011-411 ADOPTED Board Meeting of May 24, 2011 Item # 5.37 DOC ID: 6900 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-411 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: 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 Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue" to the Southold Town Planning Board and the Suffolk Coun .ty Department of Planning for their recommendations and reports. Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNAN'rHOUS] MOVER: Christopher Talbot, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated June 3,2011 Page 63 Board - Letter RESOLUTION 2011-410 ADOPTED Board Meeting of May 24, 2011 Item # 5.36 DOC ID: 6899 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-410 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 2011: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of May, 2011, a Local Law entitled "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 5th day of July, 2011 at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffie~ in connection with Parking on Factory Avenue" reads as follows: LOCAL LAW NO. 2011 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 260~ Vehicles and Traffic~ in connection with Parking on Factory Avenue". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. Parking associated with Factory Avenue in the hamlet of Mattituck has resulted in conditions that impact the public health, safety and welfare in the surrounding community. The conditions consist of undue congestion, restrictions on access and maneuverability as well as dangerous traffic impacts. Accordingly, it is necessary to impose a range of parking limitations in this area to protect the residents of the Town and restrict the blocking of traffic flow and the orderly use of Town roads. Accordingly, Amendments to Chapter 260 are warranted. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-15. Parking or standing prohibited during certain times. Name of Street Side During Location Generated June 3,2011 Page 60 Factory Avenue Board - Letter Months & Hours West At all times Board Meeting of May 24, 2011 In Mattituck, along the west side of Factory Avenue from the northwest comer of New York Route 25 to the southwest comer of Old Sound Avenue Name of Street Factory Avenue Side During Months & Hours East At all times Location In Mattituck, along the east side of Factory Avenue from the Metropolitan Transit Authority (Long Island Railroad) property to the southeast comer of Old Sound Avenue. § 260-22. Loading Zone. Name of Street Side Duration Location/Description Factory Avenue East 30 minutes In Mattituck, from the northerly curb of the ingress/egress on Factory Avenue for the Shopping Center located on the north side of New York Route 25, northerly approximately 300 fi. to the Metropolitan Transit Authority (Long Island Railroad) property. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided Generated June 3,2011 Page 61 bTlaw~,wnB°~d' Letter Board Meeting of May 24, 2011 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Generated June 3,2011 Page 62