HomeMy WebLinkAboutLL-1978 #02A Local Law to amend Chapter 100 (Zoning) of
the Code of the Town of Southold in relation to
Self-Service Gasoline Service Stations.
Be it enacted by the Town t{oard of the Town of Southold as follows:
I. Section 100-13B of Article I of Chapter 100 of the Code of the Town 'of
Southold is hereby amended by adding .a new paragraph thereto to read- as
follows: ' ·
II.
hereby amended by renumbering pkragraph (5) to paragraph (6), and by .
adding a .new paragraph (5)~ to read as follows:
PARTIAL SELF-SERVICE GASOLINE SERVICE STATION- A '
gasoline service station primarily for the servicing of motor
vehicles and the dispensing of gasoline by means of a qualified
· attendant controlling an approved console regulating the flow of '
gasoline into fixed ahd approved dispensing equipment thereafter · ...: ·
to be operated by the customer at one (1) set of'pumps on one.(1) .. -:. '. '~,: · :/ '
pump island and by a qualified attendant operating dispensing : - ~ '. ~: .::,7 ~
Section 100-VOB Of Article VII of the Code of the Town of Southold is · ·
(5)
Partial self-service gasoline service stations, subject to all
of the provisions of Section 100-70B(4). and the following
additional requirements:
(a)
Each gasoline partial self-service facility shall have
a qualified attendant on duty wheneven the station is
open for business. It shall be the duty of the qualified
attendant to control and operate both the console
regulating the flow of gasoline to the dispensing
equipment thereafter to be operated by the customer
at the self-service pump island and the dispensing
. equipment on the other pump islands.
(b)
Gasoline 'shall at no time be dispensed without the · .
direct supervision of the qualified attendant. A
control shali be provided which will shut off the flow
of gasoline to the dispensing equipment at the self-·
service pump island whenever the qualified attendant
is absent from the control console for any- reason
whatever, including when he is operating the dispensing
equipment on the other pump islands.
The console r~gulating the flow of gasoline to the remote
dispensing equipment thereafter operated by the customer
at the self-se{vice pump island shall be situated in such
a manner as to give the qualified attendant controlling
said console an unobstructed view of the operation of
said remote dispensing equipment.
(d)
The self-service pump island shall have controls on all
pumps that will permit said pumps to operate only when
a dispensing nozzle is removed from its bracket on the
pump and the sxvitch for this pump is manually operated.
(e) The self-service pump island shall be protected by an
automatic fire protection system in the form of an approved
system of dry po~gder release which will act as an
automatic fire extinguisher.
(f) No. customer shall be permitted to dispense gasoline unless
he shall possess a valid motor vehicle operator '.s l~cense.
(g)
There shall be no latCh-open device on any self-service '
dispensing nozzle°
III, This'local law shall take effect immediately.
MARLO M CUOMO
Secretly af State
DEPARTMENT OF STATE:
162 WASHINGTON AVENUE
ALBANY, NEWYORK 12231
April 20, 1978
Robert W. Tasker, Esq.
Town of Southold
425 Main Street
Greenport~ LI, NY 11944
Dear Sir / Madam:
Please Be a&vised tkat Local Law(z) No. '
of 1978 of the. Tow~ of Southold
2
was/~m~m receive~ and filed on April
We are enclosing additional
use when filing local !awe.
17, 1978
forms for your futura
Very truly yours
MARLO M. CUOMO
Secretary of State
State Records
& Law Bureau
cc:
Staue Comptroller
Division aL Municipal Affairs
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended., Do not include matter being
eliminated and do not use italics tlr nnder!ining to indkate new matter.
C-:k-~. of .... Southold
To'c/Il
Local Law No ......................... .~ ............................... of the ye~ ~ _.~.~ ....
in relation to Self-Service Gasoline Service Stations
Be it enacted by the .............................................. ..T.-.q.x?.~..n-...~-°...a..E-d.. .............................................................. of the
:~x of ........................................................ _S.p.~.t...h...q.1..d. .................................................................................. as follows:
'FO ~21
I. Section 100-1313 oF Article I of Chapter 100 of the Code of the Town of Southold
is hereby amended Ivy adding a new paragraph thereto to read as follows:
PARTIAL SELF-SERVICE GASOLINE SERVICE ST_4TiON - A
gasoline service station primarily for the servicing of motor
vehicles and the dispensing of gasoline by means or a quali£ied
attendant controlling an approved console regulating the flow of
gasoline into fixed and approved dispensing equipment thereafter
to be operated by ~he customer at one (1) set of pumps on one (1)
pump is]and and by a qualified attendant operating dispensing
equipment at all other pump islands.
II. Section 100-70B of Article VII of the Code of the Town of Southold is hereby
amended by renumbering paragraph (5) to paragraph (6), and by adding a new
paragraph (5), to read as follows:
(5)
Partial self-service gasoline service stations, subject ro all of
tn~ ~ollowing additional
the provisions of Section 1~- ~vB(=), and "'~
requ i r emerita:
(a)
Each gasoline partial self-service facility shall have
a qualified attendant on duty whenever the station is
open for business. It shall be the duty of the eualified
attendant to control and operate both the console
regulating the [iow of gasoline to the dispensing
equipment therea[ter to 'be operated by'the customer
at the sell-service pump island and the dispensing
equipment on the other pump islands.
(b) Gasoline shall at no time be dispcused without the
direct suDer'vJsion of the qual. i.[Jed altendant. A
control si]all be provided which xvil~ shut off the flow
~(If addklona! space is needed, please ,,ttac,~ sh,e,s of the same s,~ as mis and number each)
Page
of gaso]i~,e To [he dis ~ :~*t a~ ~: ~ _
ser _v~/ce primp island whenever the qualified attendant
is absent fromihe control console for any reason
whatever, including when he is operating the dispensing
equipment on the other pump islands.
(c)
The console regulating the flow of gasoline to the remote
dispensing equipmeni: thereafter.operated by the customer
at the self-service pnmp island si~al] be siluated in sueh
a manner as to give the quali£ied attendant controlling
said console an unobstructed view of the operation of
said remote dispensing equipment.
(d)
The self-service pump is]and shall have controls on alt
pumps that will ~ermit said pumps to operate only when
a dispensing nozzle is removed ['rom its bracket on lhe
pump and the switch .for this pump is manually operated.
(e)
The self-service pump island shall be protected by an
automatic ['ire protection system in the form of an
approved system of dry powder release which will act
as an automatic fire extinguisher .
(f)
No customer shall be permitted to dispense gasoline
unless he shall possess a valid motor vehicle operator's
license.
(g) There shall be no latch-open dexdce on any self-service
dispensing nozzle.
III. This local law shall take effect immediately.
I. (Final adoption by hmal legi.qlative body only.)
I bom'by certify thai Iht. local law annexed h~'reto, dPsi~natod n.~,l ,cai ].av. No ...... ~ ........... of l~ .7.~
of the (gZ!.y; ar ........ ~..o.p:j~c)J:f! ........... ,vas duly passed by the .......... TO~I~q..~9.B~f~ ...........
Town tx,.,. ,,f l.,'alslative l/,,,!~)
on ............... ~p~.il..~.~ ......... 19 Y.~.. in accordance Mth thc applicable provi:~ians of la~,.
2. (Passage by local lcgishtti\'c body with approval or no disapproval hv Ele,.tive Chief Kxecutive Officer
or re passage after disapprovnl.)
I h~rebv certifvtha~ tho local law annexed hm'et%,leM~atcdasloc:,l law No .................... of 19 ........
County
City
o[the Town ~f ........................... wazduty pnsacdhy the ..................................................................................
Village
not disapproved
on ................................................. 19 ........ and was approved by dm ......................................................
repassed a~ter disapproval Elective Chief Kxecutive OfHeer *
and was deemod duly adcq,ted an ...................................................... 19 ........ , in accordance wi~h the applicable
proviMon~ or law.
(Final adoption hv referendmn,)
I hereby certi 'v tho tho local taw annexed hereto, designated as local law No ................... of :.9 .........
County
of the City r,F ............................... was dnl~' passed by Ge ................................................................................
TOWiI (Name ,,f l.r'~dslativp lt,,d~ i
Villaw' not disapproved
on .................................................. !cl ........ and was appmvdd by the ..............................................................
repassed after disapproval El~ti,-~ Chief [;D:e,-utive Officrer ~'
on ............................ .' ......................................... 19. ........ Such local law was suh~dttod to the people by reason cfa
mandatory
roferr,ndun',and n,cc'ived thc affirmative vote of a majority of the oml[fied electors voting
permissive
general
thereon at thc! special cloctiou held on ..................................... :: ............... 19 ......... in accordance with the appli-
annl.lal
cable provisions of taw.
(Subject to pcrmissiw' refcrendnm.and final adoption because no valid petition
referendunl.)
of the
filed requesting
I hereby crwtifv that the local law annexed hereto, designated as local la;f; No ................... of 19 ..........
Crmntv
City
Town of ................................... was dn!y passed hy lhe .............................................................................. .x.~.. oi l.,.~is!..i,-,, li,,,h~ o~
Village not disapproved
[ ........and waq
............................................................ 1o .... Such h~cal law [}rqng subjocl !. a ,,sq'nli::~ivp r,.(r, rendum and no
valid politico r-qtmsting 4uch roferc, ndum having boon file,t, said I,,r-a[ la,.; ;;as deemed duly adopted ca
................................................................ 19 ........ , in accordance with ~lm applicant prnvision~ af law.
*Elective Chief Executive Officer means or inch;des the chief exccu6ve officer of a count:.' elected on a county-wide basis
or, if there ~e none, the chairman of 'l!,,e coun.~y legislative body, the mayor of a cii'y or village or the supervisor of a town,
where mzch af5cer is vexed witi~ po ;v~r to approve or veto lo,sa] ia ~.% or ordhm_~cc-s.
PUBLIC HEARING - L~AL LAW - SELF-SERVICE GAS~NE SERVICE STATIONS-
FEBRUARY 14, 1978
A public hearing was held on February 14, 1978 at the Southold
Town Hall, Main Road, Southotd, New York at 8~00
Present were:
Supervisor Albert Mo Martocchia
Justice Martin Suter
Councilman James Homan
Councilman Henry W. Drum
Counci!~an William Re Peil
ToWD_ Attorney Robert We Tasker
To%~ Clerk, Judith ~. Terry
Councilman Homan read the legal notice of hearing.
NOTICE is hereby given that there has_been presented to the
To%~ Board of the To~ of Southold on the 10th day of January~
1978, a Local Law entitled "A Local Law to amend Chapter 100
(Zoning) of the Co~e of the Town of Southo!d in relation to
Self-Service Gasoline Service Stations°"
Said Local ~Wa~rovides as follo%.fs:
Zo Section i00-13 B of Article I of Chapter 100 of the Code
of the Town of Southold is hereby amended by adding a new paragraph
thereto to read as fo!lows~
PARTIAL SELF-SERVICE GASOLINE SERVICE STATION- A gasoline
service station primarily for the servicing of motor vehicles
and the dispensing of gasoline by means of a qualified
attendant controlling an approved console regulating the
flow of gasoline.into fixed and approved ~ispensing equipment
thereafter to be operated by the customer at one (1) set of
pumps on one (1) pump island and by a qualified attendant
operating dispensing equipment a~ all other pump isiands~
II. Section 100-70 B of Article VII of the Code of the Town
cf Southold is hereby amended by renumbering paragraph 5 to
paragraph (6), and by adding a new paragraph (5)~ to read as
follows:
(5) Partial self-service gasoline service stations, subject
to all of the provisions of Section 100-70 B (4) ~ an~ the
following additional requirements:
(a) Each gasoline partial self-service facility shall
have a qualified attendant on duty whenever the station
is open for business. ~t shall be the duty of the
qualified attendant to control and operate both the
PUBLIC HEARING - LOCAL LAW- SELF-SERVICE GASOLINE SERVICE STATIOi~S
FEBRUARY 14, 1978
console regulating the flow of gasoline to the dispensing
equipment thereafter to be operated by the customer at
the self-service pump island and the dispensing equipment
on the other pump islands.
(b) Gasoline shall at no time be dispensed without the
direct supervision of the qualified attendant° A
controil shall be provided which will shut off the flow
of gasoline to the ~ispensing equipment at the self-
service pump island whenever the qualified attendant
is absent from the control console for any reason whatever,
including when he is operating the dispensing equipment
on the other pump islands.
(c) The console regulating ~he flo~ of gasoline to the
remote dispensing equipment thereafter operated by the
customer at the self-service pump island shall be situated
in such a manner as to give the qualified attendant
controlling said console an unobstructed view of the
operation of said remote dispensing equipment.
(d) The self-service pump island shall have controls
on all pumps that will permit said pumps to operate only
when a dispensing nozzle is removed from its bracket on
the pump and the switch for this pump is manually operated°
(e) The self-service pump island shall be protected by
an automatic fire protection system in the fondu of an
approved system of dry powder release which will act
as~an automatic f~re extinguisher.
(f) No customer shall be permitted to dispense gasoline
unless he shall possess a valid motor vehicle operator's
license.
iii.
(g) There shall be no latch-open device on any self-
service dispensing nozzle.
This local law shall take effect immediately.
Copies of such Local Law are available at the office of the
To~n Clerk for inspection by and distribution to any interested
person during business hours.
NOTICE IS FURTP=ER GIVEN that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law
at the Southold Town Hall, Main Road, Southotd, New York on the
7th day of February, 1978 at 8:00 o'clock PoM.r at which time
and place all interested persons will be heard.
Dated: January 10, 1978 JUDITH To TERRY, TOWN CLER/<
~UBLIC HEARING - LOCAL LAW - SELF-SERVICE GASOLIAYE SERVICE STATIONS
FEBRUARY 14, 1978
COUNCILMAN HOM~.N: I have proof of publication from the Long Island
Traveler Watchman which is signed and notarized:~ I have proof of
publication from the Suffolk Weekly Times. I have an affidavit from
M~s. Terry that it was posted on the Town Clerk Bulletin Board, and
that is signed .and notarized. I also have receipts from the Village
of Greenport~ Town of Riverhsad, Tovrn of Shelt'e~.Island, Town of
Southampton, Suffolk ~b~n~a~lam_ning Commissioner, L.~. State Parks
Commissioner, Building Department, P!~mming Board, and Zoning Board
of Appeals that they have all received copies of this proposed locai~
law.
SUPERVISOR MARTocCHIA: You have heaFd the reading o'f the proPosed
local law. We ha~e the afffidavits ~ere that'have been adjusted from
the first date from last week to th~s-.n~eek posted on the Tovna Clerk's
Bulletin Board. The hearing is noW~open. The people of our commur~ity'
asked~me .bow we fete! about it, I did say dating back about 6 months
perhaps, we did have.a meeting with quite a few of the gas station
o~n~.e~ and/pr.attendants, that was'on June 21, 1977. At that particular
tim~;[ we-were t~l~ng: about ..... the feeling was that they did not w~at
se~f-service gas stations. When ot~r proposal came up and modified
i~p~ositi'ons that occured, it was made available to many areas, mud
the ~ee!ing was that it seems to be reasonably fair. We would like
te h~ar..a'~discussibn on it. We would like to hear from ~%yone who
woui~l~e to speak.in favor of~t~is proposed local law.
BUD 0AMSTED, Bresidsr~ North Fork Volunteer Fire Association:
This came to our attention quite sometime ago and'I believe you
h~v,e c0rrespon~ence from our association with regard to non-
attended aelf-service which we were opposed to. Having heard
what yeu 'have read now with the proposed ordinance, we feel that
it does g~Ve a reasonable safety fact, because there are inst~aces
where people have driven off with a nozzle in the tank and smoking
while pUmp.lng the-i? own gas and several e~h~k:.hazardous conditions
h~?e existed, we would be in favor of this ordinance.
DICE GRIGONIS: I concur with the concern of the board to enact
these amendments to your code, like anyone interested in safety
would b~. I know it. has been a long day for many of you. This
has been an even longer time coming, .like 10 years. I say amend
your code. I am favorable to oyur proposal.
HOWARD TERRY, Retired Buildimg Inspector: I have one question..
Your proposal says "qua!ified"attendant". Do you have a definition
for the qualification of an attendant? Are you going to require a
state licensed auto mechanic ar any kid 14, 15, or 16 years old
that eomes to pu~mp gas. What are your qualifications? I have just
c~me back from a trip on the west coast and one of the best run,
nearest gas stations I saw had 12 pumps and an eighteen year old
girl was the only attendant there. She made change. No other
attendants, no senior adult present, she was runniBg the whole
show, and it was a nicely run affair. When I was 16 years old,
I went to work for Vail Bros. at night. 'The only qualifications
I had was Carl Vai!:s foot in my butt and he told me you do this,
you do that and the other thing. In those-~ays you didn't have the
mechanical pmmps '{hat you have today. You had the old arm lever
and the h~nd crank. I think the qualifications should be a little
PUBLIC P~EARING - LOCAL LAW - SELF-SERVICE GASOLINE SERVICE STATIONS
FEBRUARY 1~, 1978
better explained in there, rather than just a qualified attendant.
SUPERVISOR MARTOCCHIA:. Well, 'I feel myself, that the owner of a
gas station feels safe in hiring ~i.young man, safe enough that he
feels that he can go home or take a day off and let that young man
run the station...the fellow who o~ns the station has a bit of
investment there too, smd i am sure that he wouldn't want to leave
it to a novest that knows nothing. He would want to have a fellow
with some credibility.
ED BROING, station owner, Mattituck: You have in here that no
custo~rshail be permitted to dispense gas unless he has a valid
license. Now, how are'you going to go along with an attendant
that doesn't have a license?
COUNCt~AN: I don't think it is the intent of this law to go out
and'~¢~6~ your drivers license. If you are riding down the road
in a car, we have to assume that you h~ve a drivers license.
MP~'BRQING: No, I am talking about the attendant.
ROBERT TASKER, Town Attorney: The approval of this type of gas
station is subject .to a special exception by the Board of Appeals
and it is also subject to site plan approval by the Planning Board.
It would be my thought that in the Board of Appeals approving of
this self-service gas station that they would lay dowm the standards
of an approved attendant as part of the approval of the operation of
the gas station.
MR. BROING: i manage one of these statiens.
MR. TASKER: In Southold Town?
MR. BROING: That's right, in Mattituck.
MR. TASKER: We did not have any regulations at that time.
MR. BROING: Well, my regulation is that a man c~u understand
English. We show them how to operate the consoles, but that is it.
~{. TASXER: But, you have never had to come before the Board of
Appeals for approval of the competency of that attendant, have you?
MR. BROING: No, do we have to?
MR. TAS~LER: Because of the fact that we never had the law yet;'
What I am saying is that ~hen we have the !aw every ~as station
that is going to operate as a partially self-operated gas station
has got to come before the Board of Appeals fro approval. As part
of the approval they are going to'require_the applicant to submit
the qualifications of his attendants to pass upon them.
MR. BROING: What I am asking you is what are the qualifications?
PUBLIC H~ARiNG - LOCAL LAW - S~ELF-SERV~CE GASOLINE SERVICE STATIONS
FEBRUARY 14, 1978
MR. TASKER: That will be for the Board of Appeals to decide.
we haven't defined it yet.
MR. BROING: May I ask mne more question, please? You have here that
self-service ptnnp islands shall be protected by am automatic fire
protection system. How do you propose this to be done? Is this an
overhead or am internal operation?
MR. TASKER: I think that probably, and here again, we are not the
experts, we are just starting out in this field. I would pre~e
that the Board of Appeals in deciding these cases would turn to iht
fire dep~rtments '£or guidance, as to what would be the proper ·
fire protection facility.
MR. BROING: Well, thi~ service station is already in operation.
MR. TASKER: I know, so therefore, you won't evem come under this.
We are talking, about ~ew ones. Zoning is perspective, whibh means
it takes effect into the future. We aarnaot change whati~lready
exists within certain limits. We are proposing to view new opened
partially self-service gas stations.
SUPERVISOR MARTOCCHIA: Now, to come back to you, Mr. Broi~g, wouldm't
it be to your o~n safety and your pocketbook, and wouldn't you be
interested in having a qualified person doind your work?
MR. BROING: Yes, that part is correct. A qualified person, as long
as he understands what the operation is. But in a'self-service
station such as we have, the console equipment is there, we have
the automatic c~t-off and everything else. It is better run that
any full service station, because if'they have an island that doesn't
have a console, they would have to rrm inside to shut a master switch
to comply With what you are asking. To some gas station owners,
throughout the Tpwn, this may be mn undue hardship, because their
switches are con2rolled inside the building. They would have to set-
up a complete console. And now the fire protection, I don't under-
stand how 2hey are going to operate this. You h~ve to have a overhead
system. It is very vague, you haven't spelled it out. If you are
~ing with an overhead system and you have a 20 m.p.h wind and a
customer on one side causes a fire, forget your overhead system. If
you go to internal, then I don't know. You hayen't spelled it,out,
I really don't underStand it. What is the protective fire system
for an island s~6h as you are describing?
MR. TASKER: I don't really ~now. This is again something that the
Board of Appeals Mill have to pass on in considering an application.
I would suspect that they would probably tt~n to the local fire
departments.
MR. BROING: The bes~ fire system is the erie you have on that console.
T~ere is no full operating service station thaC cam cut a switch off
immediately. There is none, he has to go in~ the building. We don't
we can cut it off right there.
SUPERVISOR. YLARTOCCHIA: I am sure that before the Appeals Board would
grant 'an application of this type they will contact mamy.~experts in
PUBLIC HEARING - LOCAL LAW -
SELF-SERVICE GASOLINE SERVICE STATIONS
FEBRUARY 14, 1978
this field for the protection of the gas pumps and of the overhead
indoor switch. They are going to do a lot of research work them -
selves. Whe~ an applicant comes into a particular me,ting and he is
scheduledyto be heard,.they are not going to give him a decision
that night, not until they do a lot of research and they can come
With a let of,g$~.d~cond£tions to apply. It is a new field and there
is no doubt thare~l ~a ~errors. But we have to work on it' gradually.
you have to cre~o.before you run. There wi!l..be mistakes., perhaps
what we think ig right today, somethimg could happen tomorrow and
make it all 'wrong. ~.
JAMES RICH,~O~her of Southold Emmber ~o. & Goldsmith & Tuthi!l Fuel:
I have a Bu~-ess ~hat is now {/~Xt te~a~ completely self-service gas
s~ati0n. ' T~'0ne~, at Ag~ay. I would like t~ urge the board te pass
th~s tec~l~.~ ~s Soon as possible and let the applic~t worry about
whe6Jer~ 'o~"/mot he~ c~ meet the' requirements of yo~ fire system or
ythzng{ elge. I work at night sometimes ~d I see peeple go in
~d b~t. 6~f ~he~e.. If I happen re'be there in the middle of the night.
~e~ ~dy~p~p th~ gas, they have a cigarette while they are doing it.
Iywa~ th~m, they have a beer, 'you' c~ go ov&r th]ere ~d. see the
b~er b~.ot~.~ On'~ a Saturday night,~ when the kids w~t gas they go in
there ~aYd.~g~t it. ~so, I "thi~ that the gas s~at'ions, such as Mr.
Grigoni~s '. ~are wonderfu~ places of ~mplo~aent fo~ yoong chaps in
high s~ch~0% for part-t~e joba. "I 'thi~ that the board sho~d ~ev~
~ead now ~d pass this or,in,ce ~d let the applicant worry about
w~eth~ or ri'ct he~ c~ meet the requirements, if ~ybody w~ts to
GEORGE LESS~: .One Co~ent regarding fire proteotion. The NatioJ~
Fire Protection Association publishes the national fire codes~yearly~
There is a whole section in the~e that covers fire pre~entien, for
self-service .gas~oline stations~as well as regular gas stations, oil
te~inals, ~d .t~ whole thing. Now, that co~d be used as a reference
for ~y Board to Use.
SUPERV/~E'DR. MARTOCCHIA: Biuowing the Chairman of our Appeals Board, he is
slow, ~ethod[cal, and he does a lot of research before he hands out a
d~cision. So we have the utmost confidence in him. Before they give
out their deSisi:on, they have done-their homework.
MR. BROING: One more .thing that I would like-to bring up. This
gentlemen says that they go in therm ~nd pump the gas with lit
cigarettes and all. When I stand on-the console myself, If you
come-in there with a lit cigarette, my switch will go off, you will
not get a gallon of gls.
MR. RICH: Well, my point is that there are no attendants there.
MR. BEOING: I don't want to land up in Nassau County either.. I
think these stations, right now, if they are r~n properly, in the
way they are set up, are much safer than the full service stations
because they don't have the prope~li~n?~eq~ipment that we have.
SUPERVisOR MARTOCCHIA: Mr. Rich was talking about non-attended
stations.
?UBLIC H~ARING - LOCAL LAW - SELF-SERVICE GASOLINE SERVICE STATIONS
FEBRUARY. 14, 1978-
MR. RICH: My point is that the Town Board should enact this
ordinance and allow these attended ones. There is one. in Southold
that is not att%nded at all. .Th'ere is nothing to stop a person
from coming in there and smoking at 2:00 A.M. in the morning
.because there is nobody there. ~The nearest thing to it is the
garage where I keep my trucks and I don't want them in Cutchogn~e
or Mattituck or anywhere else.
SUPERV'~.SOR MARTOCCH~A:
'discu~sie~ on ttli~proposed local law? Has .everyone had the
0pportunit~ .Twho ~'-wish~s to speak?
(No resp0ns.e~) '
SU~RVIBDP[ MBZITOC'CHIA: ' .Hearing none, this hearing will be
.Th6.bea~d wgll make a determination in the fUture.
coming.
Is there anyone else. Is there any further
closed.
Thank you for
Respectfully submitted,
Deputy Town Clerk
. 19 8.,th'e [~oard ~ the
, Tow~ eL aouthold .Suffolk
' , County. Ne~ ~dk
fo }o~ng ~cal Law to w t
~':,~dd~'o~the ~own~of SOuffiold
· L in ;,R~a~to ~lt-Ser~
~ I. Se~x, lon h~J13B of ~c]e
to:read
5:I'AC"
ice i
for't h~ '~b rvi~-
the
;toyed eon-
COUNTY OF SUFFOLK
sTATE OF NEVV YORK
Potricia Wood, being duly sworn, soys that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o public neWspoper printed et 5outhold, in Suffolk ~ounTy;
and that the notice of which the onnexed is o printed copy,
has been published in said Lon? Islend Tmveler-Wetch-
man once eoch week for ......... i.. ............................ weeks
successively, commencing on the ......~... ..............................
7
Sa'om to befon~ me thi~ ._....)~.. .............. dm/ et
...............
(6)2'~ ~affd :. by
follows: : to
Partial selY-~etvic~ ~hso-
;~ suigect to
Of Section
ahd the fdll~)wing
Each gasol~6' pa~i~
facility sh~b have
a~endaut on du~
sta~on is open
It s~M1 be the
qualified aRend~t
the fl~w of
to ~e ~ispensing
rherea~r to be
by the customer at
self-se~iee pomp island
islands.
I Gasoline shall at no time
the db
of the quali-
A control shall
will' shut off
of gasoline to the
equipment at the
I~Y~-~ ervic e p amp i5 [ an d 'a'h en-
d'the quahfied attendant is {I
l~s~ut from the control con- i
--~l~!~/f, Tr a~.,' ~'cavd= whatever
,ump -islands. :,
,The console.-?egul~iihg' [:
of gasoline: to the r
dispensing eqmpmenB
operated by the!.
at the salf-servicei
island shall be situated[
give the~
[t controlling[
an unobstructed;
of the operation of said
· ]g equipment·
~. (d) The self-service pump'
'isl~n~ shall haxe" controls on
~7 all pumps that will permit said
~ pumps to operate only ahen ~
~ ilispensing nozzle is removed
~ ffrom its bracket on the pump
; 'and the switch for this pump is
· manually operated. ·
~ (e)~The s elf- set x4c e ' qpu-ffi~5 } '
IL,;' '~s~l~nd shaU be protected by'an
"' amomatic fire protection sys-
tem. in the form of an approved
system of dry powder release
which will act as an automatic
fire extinguisher.
!: (f) No customer shall be.
permitted to dispense gasoline:
unless he shall possess a valid·
motor vehicle operator's Ii-.
{g), There shall be no latch- ·
open device on any self-servico
dispensing nozzle.
,IIL Ihis local law shall take'.
i effect immediately. :.,
~ :',. -f-~_'~.~q~ ff2M~E ?NOTICE
~ ~ o~ the l~b~)- of A~
~' 19,8, t~ T~r~ ~rd o[ the
~ ' Td~ $ ~f." ~ld~ ~Suffo~
,: '. : C0~ry. ~e~ Yo~e~ct&d the
e~r .~/o~b~gE~a~?ro wit:
,~of' the
.... ~ amenUed .~y-;
~ -~Z~5', to par~aph ~L;and bY:
~.' .,: /add,nwa ne~- ~a~h '., a,, ~
~' ..,. ~gasoh ne~:ser v~ee statton~.
~:..,' ~bF S&'fio~a~'-TuB, 4,. ~d the ;.
~c~- ~em- · -z ~,~
~:., ~S~U'-~-~ce [~ c ~, ~ ~l'.ha ye ~'
~, , ~a.qualiQ~ attends[ qn~u[y '
~:':t~ ?~datv,~r tUe~ed at~nd~nt ~
"the '~stom&r at : '
oat~
, the
COUNTY OF SUFFOLR, ]
STATE OF NEW YORK, ? ss:
J
·, .o.¥. J.s 6y.s.o. ................... lining drily Sworn,
soys that ...:~T~.., is Printer and Publisher of the SUFFOLK
WEEKLY TIMES, a newspaper published ~t Greenport, in said
county: and that the notice, of which the annexed is ~ printed
copy, h~s been published in the said Suffolk WeeklT Times
once in each week, ~ ONE weeks
successively commencing on the ...... ~EN. TIE~'~-~ ........
~; I:loa ~ueclarteud~,~conrrollm~.
,~'~ :-.~,~d console an .unobsr~eted
~;- '-
',,. a: geff_~.,
.'.?
(Cit? local la~ com:pr::ia~: Charter rc.,i:;ion proposed by petition.)
· ,., ,!.r, ........ ~'~Iocal law N: ............ e{' m
provisions of ~ 37 of , ...... w.~, t[ .... ii ii:r? l;~[liD [..aw. ai; ! ,,wing received th,- affirmative vole of a majority
' spec ia 1 ~:
oF the qualified ob,cto;'~ r,f such city coting thereon ar the general electinn lwtd on ....................................
................ 19 ............ became operative.
6. {County local law concerning adoption of Charter.'l
[ hereby certilS' that the local laxv annexed hereto, designated as Local Law No ....... of 19 ...... of the
County of ......................................... St:,t¢ of New York. having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 an :t 7 of Section 33 of' the Mum-
cipal Home Rule Law, alld having received the affirmative vote of a majorily of the qualified electors of the
cities of said cot, nty as a trait and of a majority of the qualified electors of tl'~e towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorizml form of final adoption has been followed, ple:-:-~e provide an appropriate
certification.t
~ I further certify that I have compared the preceding local law with ~]lc· original on file in this office
and that the same ts a correct transcript therefrom and of the whole of such original local taw, and was
finally adopted in the manner indicated in paragraph ............. .1. ............ above.
~"Clerk Of the County legislative body, City, To_~'n/--or Village Clerk or
officer designated by ioc'A legislam'e body
Judith T. Terry, Southold Town Clerk
Date:
April 12, 197Q
(Seal)
(Certification to he executed hy County Attorney, Corporation Counsel, T6wn Attorney, Vill. age A:ttornev
or other authorized Attorney of locality.)
STATE OF NEW YOtlK
COUNTY OF ....~..U...?....P..Q.L..t..(. ........................
I, the undersigned, hereby certify that'the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the loca~ taw annexed hereto.
Date: April 12, lf~78
........... .Tg~::n. :5 i:i.o37.e.>; .................
Title
~'hS: of Southold