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HomeMy WebLinkAboutLL-1989 #05LOCAL LAW NO. 5 , 1989 A Local Law in Relation to Vehicles and Traffic BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 [Vehicles and Traffic) of the code of the Town of Southold is hereby amended as follows: 1. Section 92-45 [Fire Lanes) is hereby amended by adding a new subsection "B" to read as follows: At the shopping center located on the north side of New 'York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, commonly known as the "A G P Shopping Center", such fire lane to be twenty four (24) feet in width, from the southerly and westerly sidewalk curbline on the south and west [front) side of the building and extending the entire length of the "L-shaped" store building; i.e. four hundred sixty six 1[~66) feet along the southerly face of the building and two hundred twenty two [222) feet along the westerly face. This Local Law shall take effect upon its filing with the Secretary of State. 1418 ' Date .... -- . / Local Law(s) No. 5 Year ] 989 Municipality T n~m_ o f~Sou~heZ6-- Please be advised that the above-referenced material was received and filed by this office on ___. 5/2~t89 Additional forms for filing local laws with this office will be forwarded upon request. NY'~'Deparnnem of State I AY 81989 Bureau of State Records N¥S Depgr-~'~:nt of S~ate Bureau of Si.~¢ Records 162 Washington Avenue Albany, NY 12231-0001 To~n o~ Sonthold To~n Ral% 53095 ~in Road p.O. BoX 1179 $outhOld, ~ 11971 Attention: l~s. Terry (Please Use this Form for Filing your Local Law with the SeCretary of State) Te×t of law shoald be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~OWU O! Southold Local Law No ........ ~ ................ of the year 19.89 ....... A local law ...... .~.~. ~r.e.l.a.g %9~. ~.o..V. ehi¢l~ .and. Traf££~ ........................................ (Insert title) Be it enacted by the ...... ~.o.¥.n..B.o.a.r.d. ...................................................... o! the (Name of Legislative Body) Town Southold of ........................................................................... as follows: I. Chapter 92 (Vehicles and Traffic) of the code of the Town of Southold is hereby amended as follows: 1. Section 92-45 (Fire Lanes) is hereby amended by adding a new subsection "B" to read as follows: Bo At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, commonly known as the "A & P Shopping Center", such fire lane to be twenty four (24) feet in width, from the southerly and westerly sidewalk curbline on the south and west (front) side of the building and eX~-ending the entire length of the "L-shaped" store building; i.e. four hundred sixty six (466)~ feet along the southerly face of the building and two hundred twenty two (222) feet along the westerly face. II. This Loca~ Law shall take effect upon its filing with the Secretary of State. (If additional space is needed, please attach sheets of the same size as this and number each) (1) (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicabl.e.J 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No .... .5 ....of 19 .~.~ .... of the T~oX~wn of. Southc id was duly passed by the Town Board (Name of Legislative Body) on .... .A.p.r..~.l....2.5. ~ ........... 19 ...8.9....' 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 19 ........ County . . City ottt~e Town of ................ Village on ............................. 19 ........ was duly passed by thc ......................................... (Name of Legislative Body) not disapproved and was.8~tproved repassed~iiter disapproval by the ............................ Elective Chief Executive Officer* and was deemed duly adopted on .................................. 19 ........ , in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local taw annexed hereto, designated as local law No ......... of 19 ........ County . . City ottrte Town of ................ Village on ............................. 19 ........ was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved repassed after disapproval by the ............................ EIective Chief Executive Officer* 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 ............................. 19 ......... in accordance with the applicable annual provisions of law. (Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.} I hereby c.ertify that the local law annexed hereto, designated as local law No ......... of 19 ........ County City of the Town of ................ Village :~ on ............................. 19 ........ was duly passed by the ......................................... (Name of Legislative Body) not disapproved and was approved - repassed after disapproval by the ............................ Elective Chief Executive Officer* on .................................. 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 means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or village or the supervisor of a town where such officer is vested with power to approve or veto local laws or ordinances. (2) (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No .........of 19 ........ of the City of ................................. having been submitted to referendum pursuant to the ~76 of the Municipal Home Rule Law, and having received the affirmative vote o[ a provisions of special. majority of the qualified electors of such city voting thereon at the g~nerai election held on ............ ............ 19 ......... became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ......... of the County of ..................... , State of New York, having been submitted to the Electors at the General Election of November ............ ,19 ...... , 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 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 certifica- tion.) 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 parag~,~h ............. above. Date: April 26, 1989 ~erk~of the County legislative body, City~.own or Village Clerk or officer designated by local legmlative body Judith T. Terry, Town Clerk (Sea!) (Certification to be executed by County Attorney, Corpo_ration Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) ' - STATE OF NEW YORK COUNTY OF ....S.u..f..f.o..13 ................... I, the undersigd~, hereby certify that the foregoing local law contains the correct text and ~hat all proper proceedings have been had or taken for the enactment of/the local law annexed hereto. Signature James A. Schondebare, Town Attorney Title Date: April 26, 1989 ~ of Southold Town .................................. (3) PUBLIC HEARING SOUTHOLD TOWN BOARD April 25, 1989 : 3':-30~ , P!. M. IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO VEHICLES AND TRAFFICS!. Present: Supervisor Francis J. Murphy Justice Raymond W. Edwards Councilwoman Jean W. Cochran Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen To~/n Clerk Judith T. Terry SUPERVISOR MURPHY: This is a public hearing on a proposed " Local -'Law : in Relation to Vehicles and Traffic". The official notice to be read by Councilman Penny. COUNCILMAN PENNY: "Legal Notice of Public Hearing on Local Law. 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 11th day of April, 1989, a Local Law entitled, "A Local Law in Relation to Vehicles and Traffic". Notice is fu.Ether 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 25th day of April, 1989, at 3:30 o'clock P.M., at which time all .interested persons will be heard. This proposed "Local Law in Relation to Vehicles and Traffic" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 92 (Vehicles and Traffic) of the Code of the Town of Southold is hereby amended as follows: 1. Section 92-45 (Fire Lanes) is hereby amended by adding a new sub- section "B" to read as follows: B. At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory avenue in the Hamlet of Mattituck, commonly known as the "A & P Shopping Center", such fire lane to be twenty four (24] feet in width, from the southerly and westerly sidewalk curbline on the south and west (front] side of the building and extending the entire length of the "L-shaped" store building; i.e. four hundred sixty six (466) feet along the southerly face of the building and two hundred twenty two {222) feet along the westerly face. II. This Local Law shall take effect upon its filing with the Secretary of State. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: April 11, 1989. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from the Suffolk Times; a like affidavit from the Traveler-Watchman, and an affidavit of posting from the Town Clerk, that's it's been posted on the Town Bulletin-Board for the proper Pg 2 - LL in ,-elation 4' lehicles and Traffic time. We have a communication from the Town Planning Board, I"m sorry, from Valerie Scopaz, Town Planner, date'April 20, 1989, re.:. "Local Law relating to Vehicles and Traffic specifically where it pertains to fire lanes. The proposed amend- ment to the above-noted section of the Town Code highlights a gap in the Town's policy and regulations regarding fire lanes. At this point in time, there are no specific requirements or standards in the Town Code pertaining to fire lanes, for example: 1. What is the minilmum allowable width for a' fire lane? (The current code an~l the proposed amendment provide for fire lanes of 30 and 2~ feet respectively. How does one determine what width is necessary?) 2. Where should a fire lane be located relative to a commercial building on the site, e.g. rear, side, front yards? $.'iW't~atlis',the~-minimum site area or building size when a fi.'e lane should be required to be pr~ovided? Other than the review of the district Fire Commissioner's recommen- dation o? the need and location for a fire well at the subject site, the above-noted concerns are not addressed during the site plan review process. There are no standar(Js in either the Site Plan section or the Vehicles and Traffic section of the Town Co'de for the establishment of fire lanes. The creation of a set of standards for the ~etting aside of fire lanes in retail shopping centers and other large commer- cial site~ would enable the Planning Board to incorporate designated fire lanes into new site~ when needed. It is important to incorporate designated fire lanes into the site Idesign in order to ensure that the location and width of such lanes enhance I pubhc safety, and further, do not conflict with the location and use of designated parking Ispaces. If the Town or Planning Board feels this matter should be addressed, I would ~velcome the opportunity to discuss this further at a work session or in Code Committee." There are no further communications. SUPERVISOR MURPHY: Thank you, George. You've heard the official notice of the prop~osed Local Law. Anyone like to speak for or against it? (No response.) n Board members? Hearing none, we'll close the public Any To~ hearing. (No .'esponse. ) Southold Town Clerk ~ PUBLIC HEARING iii,: ON LOCAL ~'AW 'o ~U, BLIC NOTICI~ is hereby ,'" i~ixen that thei-e has .been pre- [: sented tozhe Town Board of the !!i Town of SouthoM, Suffolk · : County, New York, on the lltb ,I::day of ApriI, 1989, fi Local Law [~i.. entitled, "A LQcal Law in Rela- I~. tion to VehicI&s: ~d Traffic:' ,1~:: NOTICE~ t$ FURTHER [;~ GIVEN that the%wn ~ardof ~}.;the Town of Southold wi I hold . . a public ~earin~ on the aforesaid q': Local ~qw at the Southold Town I/':'Hail, Main Road, Southold, [~; New 5brk: 6n the 25th day of ;~: April 1989, at 3:30 o;~lock )~ P.M. at which time ail interest- }~ ed persons will be heaM. ~ ~i' This proposed 'iLocal Law ]?v.. Relation to Vehicles ~d Traffic ;5~ ',: reads as follows: ~l,~ BE IT ENACTED' .by the ~. Town Board of the Town :'.::'Sourhold as f~llows: },:- I. Chfipter 92 (%fiicfes and -~ [~ Traffic) of the Codeof the i~} 'of Southold is hereby~amended ?~as follows: ' . q:. 1. Section 9245 (Fire Lanes) I,' rs hereby amended by adO!rig a ~': follows: ' '~':: B At the' Shopping Center './~'located.~ the'no~h s de of New ~.. 5brk Route 25. havin~ ingress i:s,;, an~ ¢~ss on both Rodte 25 aud . :- Factory Avenue in th¢ Hamlet .. of h[attituck, commonh' ' as rke '%&P Shopping C$fi~'; sucp tire [~ne to be tx~enry fd~r. ~:1~(24) lker .m width, from the , soarherl3 and '" curb[ine on the south ~" (front) ~ide 0fthe Duilding and ' '&,ten'din~ fhe efffi~ len~h of " thc L-,haped store Building: : ' i.& four hundred sixty six (466) "feet ~o~ the so~erIy face of. ' . the building and two hundred ~. twenty two (222) f~t aIong the ' ~: westerly face. , , ' ,,~ I[. This Local Law shall take ~'effect upon its filing "~ . , . w~th the Secretary of State. ' ' '' ' Cop~es o , said Local law are available Jn the Office of the To~ n ~[e~ to any inlerested persons~during business hours. : D.-XTED: ~pril Il, 1989. JUDITH Y. TERRY SOU~HOkD TOXVN CLERK IX, 4. 20 89 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 Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... /. .... weeks successively, commencing on the . . .' ........ .~.~.~_ .7 ..... Sworn to before me this ........... .c~...~.~.. day of ........ ........ Notary Public NOTICE OF · PUBLIC HEARING ' ON LOCAL LAW PUBLIC NOTICE is h~reby g~van .~ ~at th¢~ has bean presanl, eg to thc Town Board of the Town of ?i,' :Southold, Suffolk County, New ]ii .York, ~n th6 llth day of April, 1989, : .a Local Law entitled, "A Loaal Law ' M Relation to Vehicles and NOT~CE tS FURTHER GIVEN - that the Town Board of the Town of Southo~d will held a public hearing ii: 'cfi April, 19S9, at 3i30 o'clock a£ which time all imeresmd persons ~: This pruposcd "Local Law in Re- hl h~ion to Ve~icl~s and Traffic" reads i, BE IT F~N~CTED by th~ Town ,. Board of the Town of $ou~kold as ::' L C~aptcr 92 0Tchi¢les and Traffic) cfi~hc Cede of the Town Of ~outhold is hereby amanded a~ foi- l. Section 92-45 (Fire Lanes} is he.by ~and~d by ad~ a n~w subsection "B" ~o read as roi- Ii',,. B. At the shopping c~n~er lot i:! cat~:l on the north side of !' New York Route 251 having ' ? ingress and egl~ss on both . .. Route 25 and Fac~n~ Av~que i!' in hhe Hamlet of Maitituck, li~. commonly known a~ th~ 'A i, & P Shcl:~Pi~ Cantor", such ~, · £u~.. lane io b~ twonuy four }!:: (24) fb~t m wide, from the fl',' anu~herly and wes£erly it, sidewalk Cu.fbline on the " ' ~outh and west (front) side of : ii the building and extending ?: i, the entire length of the "L- ~ii ' shaped" sucre building; i_e~ ' . four hundred sixty six (466) ~i:: !' feet along thc southcrly fac, .!. of the ,bufldin§ and two · hongmd twenty two (222) feet ~; : _ along thg w~mfly faan_ ',i~L This Local Law shall take effect i',i upon i~ fi~n5 with th~ Sccrem~y i~'. cfi Sram. i!!' Copies of ~id Local Law are !i~val]abl6 in th6 Office of thc Town (Clerk m any inter~s~d i~rs~s during {!business hours. ' ;iDATED: April 11, 1989. ., . SOU~.OLD TOWN CLERK STATE OF NEW YORK) } SS: COUNTY OF SUFFOLK} ~a r~ l~at.h pow~ra of Mattituck, in said County, being duly sworn, says that he/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 Mew York, and that the Notice of which the annexed is a printed copy, hes been regularly published in said Newspaper onoe each week for ~ weeks successively, commencing on the 20 day of April 19 89