HomeMy WebLinkAboutLL-1991 #06LOCAL LAW NO. 6 . 1991
A Local Law in Relation to Off Street Parking Regulations
BE IT ENACTED. by the Town Board of the Town of Southold as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
Section 100-191(Q)(1)(a) (Commercial Vehicles) is hereby
amended to read as follows:
(a)
One (1) commercial vehicle not exceeding twenty-five
feet in length may be parked in the driveway on an
occupied lot in any residence district.
II. This Local Law shall take effect upon its filing with the Secretary
of State.
RYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
Albany, NY 12231-0001
DALE: 4/4/91
APR
Local Law Acknowledgment
I-- Town of Southold
Town Hall
53095 Main R6ad
P.O. Box 1179
Southold, NY 11971
~_ Attention: Judith T. Terry
DOS-236 (Rev. 6/90)
_1
IMUN I CIPALXTY
Tow~ o£ Southold
thru 9 1991 4/2/91
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
LOC Filing ~EU YORK STATE DEPARTME"T OF STATE
e)~ Law 162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a 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 or underlining to indicate new matter.
~R~ of Southold
Town ........................................................................................................................
Local Law No ..................... .S.. ............................. of the year 19 .9.] ....
A local law . !..n. _R..e.j~..t.!.o...n, .t.p....O..f..f_.S...t..r...e.?..t,...,.P.~.r.,,k.!ng ReQula3igns ...........................................
(Insert Title)
Be it enacted by the Town Board
........................................................................................................................................... of the
(Name of Legislative Body)
Town
of .............................................. .S...o..~..~..h..o. J..d. ................................................................................ as follows:
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended
to read as follows:
1. Section 100-191(Q) (1) (a) (Commercial Vehicles) is hereby amended to
read as follows:
(a)
One(l) commercial vehicle not exceeding twenty-five (25) feet in
length may be parked in the driveway on an occupied lot in any
residence district.
II. This Local Law shall take effect upon its filing with the Secretary of State;
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev. 7/90)
(Com~nlete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicahle.)
(Final adoption by local legislative body only.)
: .2ereby certify that the local law annexed hereto, designated as focal Iaw No. 6 of 19 91
c,t- the (Goca~_r)(~(Town)(~61dx~e) of Southold was duly passed by me
Town Board. on March 26, 19 91, in accordance with the applicable provisions of law.
[Name of Legisia~ive Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
[ hereby certify that the local law annexed hereto, designated as local law No.
Of ~he (County)(City)(Town)(Village) of
on 19
~Name of Legisiagive Body)
disapproval) by the and was deemed duly adopted on
(Elective Chief Execut:ive Officer~)
in accordance with the applicable provisions of law.
of 19
was duly passed by the
, and was capproved)(not disapproved)(repassed after
19
3. (Final adoption by referendum.)
[ hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
{Name of Legislative Body)
disapproval) by the on 19 Such local law was
(Elec~;ive Chief Executive Officer~)
sub~mitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
~'ote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requestiag
referndum .)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19 Such local law was subject to
(Elecf;ive Chief Executive Officer~)
permissive referendum and no valid petition requesting such referendum was filed as of 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 the power to approve or veto local
laws or ordinances.
(2~
5. (City local law concerning Charter revision proposed by petition.)
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 provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
?f a majority of the qualified electors of such city voting thereon at the (special)(general) 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 appropritate 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 I , above.
(Seal)
Clerk of t, Ke County legislative body, City, Town ~t?Village
or officer desigmated by local legilsa~ive~oody
Judith T.. Terry, Town Clerk
Date: March 27, 1991
Clerk
(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 contains the correct text and that all proper
proceedings have been had or taken for the enactment of thf locaJr'/aw annexed hereto.
,
Matthew G. Kiernan, Assistant Town Attorney
Title
Town
of Southold
Date: March 27, 1991
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
March 26, 1991
8:05 P. M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO OFF STREET
PARKING REGULATIONS".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: The third public hearing of the evening is a "Local Law
in Relation to Off Street Parking Regulations".
COUNCILWOMAN LATSON: "Public Notice is hereby given that there has been
presented to the Town Board of the Town of $outhold, Suffolk County, New York,
on the 26th day of February, 199~, a Local Law entitled, "A Local Law in Relation
to Off Street Parking Regulations". 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 26th day of
March, 1991 at 8:05 P.M., at which time all interested persons will be heard. This
proposed "Local Law in Relation to Off Street Parking Regulations" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended to read as follows:
1. Section 100-191(Q) (1) (a) (Commercial Vehicles) is hereby amended
to read as follows:
(a) One (1) commercial vehicle not exceeding twenty-five (25)
feet in length may be parked in the driveway on an occupied
lot in any residence district.
11. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: March 12, 1991. Judith T.
Terry, Southold Town Clerk." I have an affidavit of publication from The Long
Island Traveler-Watchman, an affidavit of publication from The Suffolk Times,
and an affidavit, that this has been posted on the Town Clerk's Bulletin Board.
Pg 2 - PH LL Off Street Parking Regulations
I have a communication from the Suffolk County Department of Planning, which
reads as follows: Pursuant to the requirements fo Sections 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 local determination. A decision of local determination should not be
construed as either an approval or disapproval. Very truly yours, Arthur H.
Kunz, Director of Planning. I have communication from Southold Town Planning
Office, that reads as follows: Be it resolved that the Planning Board has no objec-
tion to the three proposed amendments to change sections of the Zoning Code
governing the Home Occupation use by rewording the following sections of the
Zoning Code: 13; 31(C)(2); 191(Q) (1) (a) ; and 236(A). Signed, Bennett Orlowski.
I have no further communications.
SUPERVISOR HARRIS: Thank you, Ellen. Are there any members of the audience,
that would like to speak, either in favor or against this Local Law change?
F.M. FLYNN: F.M. Flynn, again. This will be less extensive. With respect
to this proposed truck parking amendment, I shall read to you two short applicable
provisions of the law. I give you the citations, that are also listed. One, parking
in a residential district may not be used for the parking, and/or storage of com-
mercial vehicles. Such use is not regarded as a accessory to residential use of
the driveways. That's Anderson, Section 12.20, and again, the parking of a
commercial vehicle on a residential property, including the driveway of a home,
is not a permissible accessory use, and the rule has been applied to the open
air parking of a house trailer. That's from Corpus Juris Secundum Section 130.
Not only is such parking illegal, but the amendment proposes a length of 25 feet,
which is a fairly substantial truck. The maximum height of such a vehicle in
the State of New York is 11 feet 6 inches. What this means is a mobile sign of
up to 250 square feet complete with the name, occupation, address, and telephone
number of the owner parked in the driveway of any residential property in the
Town of Southold. Cesspool cleaners, and garbagemen are tradesmen. What would
be the effect on the conservation of residential property values of such a vehicle
parked next to our., or across the street? What effect would such use have on
the legal principle of conformity? What is the effect on a comprehensive plan were
by a municipality is required to subdivide it's area into subdivisions or use, not
the indiscriminative use of any area within the Town? These amendments absolutely
nullify the comprehensive plan, and if I may make one other comment, with respect
to outdoor storage. It may very well be in the Code, but it's honored in the
breach. There's no such enforcement in the Town of Southold. So it's no comfort
to anybody sitting across the street from scrap vehicles from construction equipment,
etc., that have been left in place over a period of nine years despite numerous
complaints. Thank you.
SUPERVISOR HARRIS: Thank you for your comments. We appreciate it. Is there
any other member of the audience, that would like to speak either in favor or
against this Local Law change?
INGEBORG FLYNN: I didn't make no written comments, although I would like
to support the..My name is Ingeborg Flynn, and I'm a real estate broker in the
Town of Southold. I would just like to support the just made comment, although
I would like make it a little bit more clearly. Mr. Flynn stated that there are
250 square feet, or 290 square feet of advertising on that truck in a residential
area. It's not only 290 square feet, ladies and gentlemen, it's 290 times 2, because
the truck is evidently advertising from each side. Now, if you think this is not
going to effect the values of a residential area, and as to the honor of having
outdoor storage, and the law not being enforced in the Town of Southold, I will
only like the members of the Board to drive down Tarpon Drive in Southold.
Pg 3 - PH LL Off Street Parking Regulations
We have numerously over the nine years, complained that there are still old trucks
standing around, and nothing has been done. Thank you.
SUPERVISOR HARRIS: Thank you for your comments. Is there anybody else,
who would like to speak?
COUNCILMAN PENNY: i'd just like to make a clarification for everybody here.
The Town Board is not doing anything new in this area, except we're restricting
the commercial vehicles, which already are allowed, one commercial vehicle, not
exceeding 25 feet is already allowed in the existing Code. It has been for awhile.
M~y be parked in an occupied lot in any residents district, but not within the
required yards of such lot, and no in no case between the street line, or street
lines and building, and the Town Legislative Committee felt that this should be
restricted strictly to a driveway, so they wouldn't wind up indiscriminately parked
and abandoned in different parts of the lot, so we're not introducing commercial
vehicles, as it may be stated.
SUPERVISOR HARRIS: Thank you.
INGEBORG FLYNN: My name is Ingeborg Flynn. I would like to challenge you.
I wonder when you get a truck of a height of 11 and a half feet into a garage.
So, it has to stay in the driveway, and if you do have a, maybe in a residence,
where there are two teenage children, and have two cars, and the woman has
a car, believe me, the truck is going to stay in the road.
SUPERVISOR HARRIS: Thank you. At this time, I'd like to declare this public
hearing closed.
Southold Town Clerk
I1. This Local L~w shall tale effect
upon iu £d/n~ with rite Secretao/
Copies d this Local Law am avail-
to any ir,~nmted peri.ns during busi-
ness horns.
DAIED: Ma~ 12, 1991.
/UDFfH T. TERRy
SOUTHOLD TOWN CLERK
698~-ITM2!
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
SHARON ROCK of Mattituok, in
said County, being duly SWorn, says that he/she is Pflnolpal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattltuek, 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 regulan'y published in
said Newspaper once each week for 1 weeks
successively, commencing on the 21 day of
MARCH 19 91 --' -
COUNTY OF SUFFOLK
ss:
STATE OF NEW YORK
NO[iCE OF
PUBLIC HEARING
ON IDCAL LAW
PUBLIC NOTICE IS
HEREBY OIV~q that the~ has
been presented to the Town
Board of the Town of Southold,
Suffolk County, New York, on
the 26th day of February, 1991,
a Local Law entitled, "A ~
~ k Relatiom to Off Stn~t
~ a~dmlun~,,
NOTICE IS FURTHER
OIVEN that the l~vn Boasd of
the Town of Southold will hold
a pmbttc kmri~ on the afor--~aid
Local Law at the Southold Town
Hall, Main Road, Southold,
New York, om the ~ dray of
Much, 1~91, at &'0~ P.M., at
which time all inter~ l~rSuns
Relation to Off Street Parkin8
Re~tlatinas' n~tds as follows:
BE 1T ENACTrED by the
Town Board of the Town of
Southold as follows:
I. Chapter.100 (Zonin_*) of the
Code of the Town of Southold
is hereby amended as follows:
1. Section 100qgl(Q)(l)(u)
(Comme~ Vehic~) i~ hereby
amended to read as follows:
(a) One (1) commercial
vehicle:.* not exceeding twenty*
fiv~ (2~) feet in lensth may be
I~rl~d in the drip. way un an o¢-
enpied lot in rely r~sidence
district.
II, TI~$ Lo~al Law shall take
effect upon its filins with the
Secretary of Stat~
Copies of this Local Law ate
available in the Office of the
Town Clerk to any interested
persons during business hours.
DATED.' March 12, 1991
~UDITH T. TARRY
SOUTHOLD TOWN CLERK
1X-3/21/91(17)
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southoid, 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 .......... . ............
Sworn lo before me this ........ "~..~'/"~.. day of
/~/;q,4.,, ~/ , 19.7./..
Notary Public BARBARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
No. 4806846
Qualified in Suffolk Couoty /
Commission Expires