HomeMy WebLinkAboutLL-1982 #03LOCAL LAW NO. 3 -1982
A local law to amend Chapter 100 of the Code of the Town
of Southoid in relation to petroleum storage facilites.
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
Chapter 100 of the Code of the Town of Southold is hereby
amended as follows:
Section 1. By amending Section 100-114 (Prohibited uses in
all Districts) by adding thereto a new Subdivision J, to read as
follows:
J. Storage of Petrolet~ Products. Notwithstanding any other
provisions of this Chapter, storage facilities, with a total combined
capacity of more than 20,000 gallons, including all tanks, pipelines,
buildings, structures, and accessory equipment designed, used or
intended to be used for the storage of gasoline, fuel oil, kerosene,
asphalt, or other petroleum products shall not be located within one
thousand (1,000) feet of tidal waters or tidal wetlands.
Section 2. This Local Law shall take effect immediately.
AC ~051
(Rev.
STATE OF NEW YORK
OFFICE OF THE ~T'ATE COMPTROLLER
ALBANY, NEW YORK
12236
EDWARD V. REGAN
STATE COMPTROLLER
August 20~ 1982
RECEIVED
SF..P 0 7 198[
Town Cle~ Southold
Robert Tasker~ Town Attorney
Town of Southoid
h,~5 Main St,
Greenport~ I~Y i194~
-Diar Six/Madam:
This is to advise that Local Law(s) No.
for the Town of Southo!d
3-6 of 2-98~
was received and Fried
Associate Attorney
Charters Unit
KRP :dal
cc: Secretary of State
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be g~ven as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
Town
· 3
Local Law 1~ ....................................................... of the year 19 _.§.2....
to petroleum storage facilitie~m"~m')
Be it enacted by the .......... .T...°...w...n.....B.Q.,a.r..d. ......................................................................................... of the
(N~e d Legislative
Tow~
Chapter I00 of the Code of'the Town of Southold is hereby amended as follows:
Section 1. By amending Section 100-114 (Prohibited uses in all Districts)
by adding thereto a new Subdivision J. to read as follows:
J. Storage of Petroleum Producis. Notwithstanding any other provisions of
this Chapter, storage facilities, with a total combined capacity of more than 20,000
gallons, including all tanks, pipelines, buildings, structures, and accessory equip-
ment designed, used or intended to be used for the storage of gasoline, fuel oil,
kerosene, asphalt, or other petroleum products shall not be located within one
thousand (1,000) feet of tidal waters or tidal wetlands.
Section 2. This Local Law shall take effect immediately.
~(lf. .- additional_ space is needed,~, rpiease attach sheets, of the same _size as this ~and number each)~,
Page 1
2o
(Complete the certification lathe paragraph which applies to the filing o[ this local law and strike out the
matter therein whi:ch is not applicable.)
(Final adoption by local legislative body only.)
[ hereby certify that the local law annexed hereto, designated as local law No ..... ..3. ........... o£ 82
of the ~d:kqx of S0nthold - ,
Town ...................................... was amy passed by the Town Board
~ (Name o~ Legislative Body)
on ...... ..J..u...n..e...:8..: ......................... 19.8...2.... in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer
or repassage after disapproval.)
I hereby certify that the local law annexed hereto, designated as local law No .....................of t9 ........
County
City
of the Town of ...................................... was duly passed by the ..................................................................................
ViIlage (N .... f Legislative Body)
not disapproved
on .................................................. 19 ........ and was approved by the ......... ..............................................
repassed after disapproval Elective Chief Executive Officer ~
and was deemed duly adopted on ........................................................ 19 ........ , in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
I herebycertifythat the local law annexed hereto, designatedas local taw No ................... of 19 ..........
County
of the City of ...................................... was duly passed by the ......................................................................................
Town (Name of Legislative Body)
Village
not disapproved
on ................................................... 19 ........ and was a;~t~roved by the ...............................................................
repassed after disapproval Elective Chief [~xecutive Of£icer '~
on ...................................................................... 19. ........ Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on ...................................................... i9 ........ , in accordance with the appli-
annual
cable provisions of law.
(Subject to permissive referendum ,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto, deslgnatedas local law No ................... of 19. .........
County
of the ~Clty of .................................... was duly passed by the ................................................................................ on
town
(Name of Legislative Body)
Village not disapproved
...................................................... 19 ........ and was approved by the ......................................................... on
repassed after disapproval Elective Chief Executive Officer t-
.............................................................. 19 ......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19 ....... ~ in accordance with the applicable provisions of law.
*Elective Chief Executive Officer meam or include~ the chief ex~utive off'ruer of a county dectu! on a county-wide basis
or, ff there be none, the chsirman of the county legislative body, the mayor of a city or village or the supervisor of a tow~,
where such off'mcr is ve~ted with power to approve or veto local law~ or ordinances.
Page 2
(City local law concerning Charter revision proposed by petition.)
I hereb;-certify that the local I aw annexed hereto, designated as local law No ..................... of 19 ........
of the City of .......................................................................... having been submitted to referendum pursuant to the
~36 , ~, ..
provisions of. § 37 of tae ,,.umc~pa! tlome Rule L aw,and having received the affirmative vote of a majority
special
of the craalified electors of such city voting thereon at the general election held on ..................................
................ 19: ........... became operative.
6. (COunty local law concerning adoption of Charter.)
I hereby certify that the local taw annexed hereto, designated as Local Law No ....... of 19 ...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
Genera! Election of November ........... ! 9 .......... , pursuant to s[~bdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rtde Law, aud having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
~ I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............. .1. ............. above.
the County legislative body, City'own o. V'flla~e Cl*rk or
officer designated by local legislative body
Date: July 22, 1982
Judith T. Terry, Town Clerk
/
(Seal)
Certi£icatioa to ne executed by County Attorney, Corporation C.ounsei, Town Attorney, Village Attorney
or other authorized Attorney of locali[y.)
STATE OF NEW YORK
COUNTY OF .....S...U...F....F.Q...L....K. .........................
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 local law annexed hereto.
Signature
.... .1~..o.b.e.r.t..W.: .T.a.s.k.e.r.,..T. 9.w.n' .3: t.t.o.r.n.e.y. ....
Title
~y
Date: July 22, 1982 f'it~x of ........ .S...°.~4.t...h.Q..1..d. .....................................
Town
Page 3
PUBLIC REARING
SOUTHOLD TO~,qY BOARD
JUNE 22, 1982
3:45 P.~.
IN THE MATTER OF A PROPOSED LOCAL LAW TO AI~END CtLAPTER 100 OF TWE
CODE OF THE TOWN 'OF SOUTHOLD IN RELATION 'TO PETROLEU~ STORAGE FACILITIES.
Present:
Supervisor William R. Pell, III
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. ~urphy
Councilman Joseph L. Townsend, Jr.
Justice Raymond W. Edwards
* * *
Town Clerk Judith T. Terry
Town Attorney Robert W. Tasker
SUPERVISOR PELL: This heariny is on a proposed Local Law to Amend
Chapter 100 of the Town Code~ Town of Southold in relation to
storage of petroleum facilities.
COUNCILMAN MURDOCK: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 8th day of June, 1982, a Local Law entitled,
"A Local Law to amend Chapter 100 of the Code of the Town of Southold
~n relation to petroleum storage £acilites~" Said Local Law reads
as follows: Chapter 100 of the Code of the Town of Southold ~s hereby
amended as follows: Section 1. By amending Section 100-114 (Prohibited
uses in all Districts) by adding thereto a new Subdivision J, to read
as follows: J. Storage of Petroleum Products. Notwithstanding any
other provisions of this Chapter, storage facilities, with a total
combined capacity of more than 20,000 gallons~ including all tanks,
pipelines, buildings, structures, and accessory equipment designed,
used or intended to be used for the storage of gasoline, fuel oil,
kerosene, asphalt, or other petroleum products shall not be located
within one thousand (1,000) feet of tidal waters or tidal wetaldns.
Section 2. This Local Law shall take effect immediately~ Copies of
said Local Law are available at the Office of the Town Clerk to any
~nterested persons during business hours. Notice is further given
that the Town Board of the Town of Southold will hold a public hearing
on the aforesaid Local Law at the Southold Town Hall, Main Road,
Southold, New York, on the 22nd day of June, 1982, at 3:45 o'clock
P.M., at which time all interested persons will be heard."
I have notfce of publication by Patricia Wood on behalf of the
Long Island Traveler-Watchman attesting to publication of that
notice. I have certification from Troy Gustavson on behalf of The
Suffolk Weekly Times' on behalf of the publication of that notice.
I have notice from the To~m Clerk Judith T. Terry that the notice
was posted on the Town Clerk's Bulletin Board.
I have a letter from the Planning Board dated May 26, 1982 to
Page 2 - Public t] ~ring - Local Law - ~etrol~,~,"~m Storage Facilites
Mrs. Judith T. Terry, Town Clerk~ "The following action was taken
by the Southold Town Planning Board at their regular meeting ~,[ay
10, 1982: Resolved that the Southold Town Planning Board submit
their recommendation of approval regarding the amendment of Chapter
100 of the Code of the Town of Southold (petroleum storage facilities)
to the Town Clerk as requested in her letter dated ~arch 26, 1982."
Signed by Henry Raynor, Chairman, Southold Town Planning Board.
I have a letter from the Suffolk County Department of Planning
dated March 30, 1982. "Gentlemen: Pursuant to the requirements of
Section 1323 to 1332 of the Suffolk County Charter, the above
referenced application which has been submitted to the Suffolk
County Planning Commission is considered to be a matter for local
determination. A decision of local determination should not be
construed as either an approval or disapproval." Signed by'Gerald
G. Newman, Chief Planner.
SUPERVISOR PELL: You have heard the reading of the public notice
of the proposed Local Law for petroleum storage facilites. Does
anybody wish to speak in favor of it? Mrs. Ruth Olive.
MRS. RUTH OLIVA, North Fork Environmental Council: The N.F.E~C.
would like to support this piece of legislation and think it will
do much to clean up the present problem that we have down in
Mattituck Inlet and hopefully it should prevent any future
occurance of this. Thank you.
SUPERVISOR PELL: Thank you. Anybody else wish to be heard in
favor of the proposed Local Law? (No response..) Does anybody
wish to be heard in opposition? (No resP0n, se.) Does anybody
wish to be heard at all? (No response.) If not, the hearing is
closed..
Judith T Terr~
Southold Town C. lerk
LEGAL N~3¥1r'_ E
NO¥1CE OF' HEARIN~
Pb~LIC NOTICE ~-~ hereb~
~,ven that Iher~ h~ bee~
pr~ented to ~he To~ Board ~,, '
o[ the To~ o[ Southold, S~- '
~o~ Co~ty, New York, on ~e ,
Law entitled, "A Local Law [o
amend ~apter 100 of the C~e ,
of the Town of Southold in :
r~afion, to ~ffol~ storage '1'
facilities." Said Local Law, ..
Chapter 1~ of the C~de o['
~e To~ of Sou~01d ~ hereby
amend~ as [o~ows:, , . ,.,
5ectioa 1. By amending'
Section,100-114 .(Prohibited i,,
us~ ~ aU Dis~c~) by ad~g',
~ereto a new Subdi~sion Jato :,
J. Storage or,Petroleum
Products. Notwithstanding ~'
any other provisions of this ,
Chapter, storage facilities,
with a total c°mb~ c~paci- ',,,, I
W or'ore t~n 2~,~0 g~ons; ,
cessory equipment designed,
~ed or ~tend~ to ~ us~,for,
the storage of gasoline, fuel .'
ofl, k~ene, asp~alt,:6rother ':
petroleum pro,ets shaU not'
be located within one thou- ,'~'
sand I 000) feet o[ hdal
wate~ or tidal wetland.
Copi~ o[ said ~eal Law ard'
ava~ble at.the Office of the
Town ~erk to any m~res[ed ']
persons d~ing business,,. ,,
NOTICE ~ IS ,,FURTHER '
GI~N Ihat the To~ Bo'~d :~
of the Town 'of Southold W~I '
hold a pub~e he&~ng on the
aforesaid LocallLaw at ,the
Southold Town ',Hall, Mai~
Road, ~uthold,'New York,'on
the 2g~d day,of J~e, 1982, at
3:45 0 clock P~M., at whi~
time all interested pers0ng
BY O~ER OF
:THESOUTHOLD,
,: TOWN BO~ '
.J~ITH T. TERRY.,
' TO~ CLERK'
COUNTY OF SUFFOLK, ]
STATE OF N£W YORE, ? ss:
...... ~.~.o~..~.u.~..~.a.v..~.o,n. .............. being duly Sworn,
says thathe ...... is Printer and Publishez of ~he SUFFOLK
~EEKLY TIMES, a newspaper published at Greenport, in suid
county~ and ~hut the notice, of which the mme~ed is u printed
copy. has been published in the ~aid Suffolk Weekl~ Times
~nce in ea.ch week, ~or ..... o~e ................... weeks
successively commencing on the . .~ 0.~&h ...................
Jun e 8 2
day o! ............
Sworn to before me this . .~,:l.0th.. ',
June 19.8¢. I -,/,~ · /
o, ...... .'iilll;.'.'i.'.' .... .....
HELEN K. DE VOE
NOTARY PUBLIC, StaLe of New York
No_ 4~07871 Suffokt ~Ount~
Te~m ~xp~es March 30, ~9~
NOTICE OF HEARING
'~.". PUBLIC NOTICE is hereby
given that there has been
i:; presented 'to the To~,'n Board
of the Town of Sbuthold,
Suffolk County, New York, on
'1
the 8th da~ of :lune,': 1982,
.:,~. ~cal Law en~ifled~ "A
Law to am~n~ Chapter 1~ of
the Code' ~f the "~o~ of
South~ld in re'la,on' to ~et~-
' leum sto~age facilkies.' S~id~
I'h ~ocal Law r~ads as [o~ows:
,,~',Chapter ~00 o~ ~e Code
[ ~e To~ of South~d is hereby
amended as foUows:
· k Section I. B~ ~mending
Sec~mn 100-114 ~Proh~b~ed
1'~ uses ~ aU Di~ri~ by adding
~ thereto a ne~ Sub.vis,on J, to
' read a~
] J. S~orage of Petroleum
I Produc~s. Not~nthstanding
Ii an~ other pto~islons ,of this
'.. Chapler. storage [acilities.
I with a to,al ~mbined capably
of more ~zn 20,000 gallons.
~' mcled~g all t~ks. pipel~e~.
I~ bugdings, stm~utea, and ac-
i. ce~sa~, eqmpmem desired.
::' used ~ imended lo be used for
,' the sto~age of ga~oline.' ~el
1'~ od. kerosene, asphalt, or o~er
I', petroleum produ~a shall not
' be located with~ one thousand
]' ~i.000~ feet of tidal ~a~ers or
r ndal wetlands.
I. 5ecnJoa ~ ~s Eocal Law
:. shall take effe~n ~ediatel~.
'~ Cop~es of said Local [a~ are
" available a~ Ihe O~ce of the
~. To~n C~rk m any ~ere~ed
]','per~ons dur~g business
:' hours.
NOTICE IS FUR~ER
EN ~at the Town Board o[ the
Town of Southold w~ hold a
public hear~g on the afore-'
said Local Law at the Southold
Town Hall',' Main Road, South-
old. New Yo~k, on ~he"2~nd
day of June, 1982, at 3~45
~. 9'clack'P.M., at ~hl~h time all
iaterested persons will be
I~.;.' Dated: June &.' 1982.
BY O~ER OF ~
SOU~OLD TO~
1T-6/10/82(902)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at $outhoid, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published m said Long Island Traveler-Watch-
/
man once each week for ...................... :. ................ weeks
successively, commencing on the ......... ../..~......~... ..........
day o( ......... ...~-.~-:..~...~.~ ......... ~ ....... , 19..~-~
Sworn to before me this //~ day of