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HomeMy WebLinkAboutLL-1991 #16 LOCAL LAW NO. 16 . 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: 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 t;;'~n~y-fi~-(-25-) ~n~U~ied-~<~t--i+¥-an'y'-~i~er~-elJ'st-~et-~-- twenty (20) feet ~ lenctth may be parked in the drivewa~ on an occupied Io~ ~n any residence district except that one (1) commercial vehicle not exceedinq twenty-five (25) feet in lenqth may be parked in the driveway on an occupied ot in any - residence district prov ded that the owner of th,e oc~:upie, I lot has continuously maintained title to such vehicle sine,. the date of the enactment of this amendment. II. This Local Law shall take effect upon its filing with the Secretary of State. * Overstrike represents deletion(s) **Underscore represents addition(s) NYS DEPARTMEN? OF STATE BUREAU OF STATE RECORDS 162 gashington Avenue ALbany, NY 12231-0001 DATE; 7/24/91 Local Law Acknowledgment JUDITH T TERRY [ TOWN OF SOUTHOLD TOWN ]{ALL 53095 MAIN ROAD SOUTHOLD NY 11971 I_ DOS-236 (Rev. 6/90) -I UNICIPALITY ~L of Sou~.~old LOCAL [AW(S) NO. YEAR FILiN-G DATE The above-referenced material mas received and filed by this office as indicated. Additional local law filing forms will be fOrwarded upon request. L cai Law Filing NEW YORK STATE DEPARTMENT OF STATE 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. ~}(~( of Southold Town ........................................................................................................................ Local [aw Bio ...... .l...6.....j .... of the ~ear ]9 ~,~ .... A local law In Relation to Off Street Parking Regulations ................ ...................................................................................................................................... Town Board Be it enacted by the ........................................................................................................................................... of the (Name of Legislative B~dy) ~ of Southold Town .................................................................................................................................................. 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 {20) feet in length may be parked in the driveway on an occupied lot in any residence district except that 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 provided that the owner of the occupied lot has continuously maintained title to such vehicle since the date of the enactment of this amendment. 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. 7190) (Complete the certification in the paragraph that applies to the filiug 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. 16 of 1991 of the l~'6~ilcy. )(~(Town)(~ti~l~ffo~r of S0uthold was duly passed bv the Town Board . on July 17, 1991 , in accordance with the applicable provisions of law. (Name of Legislative Body) ~ 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of the (County)(City)(Town)(Village) of on 19 (Name of Legislative Body) disapproval) by the and was deemed duly adopted on (Elective Chief Executive Officer~) in accordance with the applicable provisions of law. of 19 was duly passed by the , and was (approved)(not disapproved)(repassed after 19 3. (Final adoption by referendum.) 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 (Elective Chief Execu[ive Officer*) submitted to the people by reason of a (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 19 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting 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 (Elecaive Chief Executive Officer*) on 19 Such local law was subject to 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 yillage, 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.) 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 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 19 , became operative. 6. (County local law concerning adoption of Char~er.) 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 to~vns of sa~d county considered as a umt voting at said geperal 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 ~s 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. (Seal) Clerk of ~ County legislative body, City, Town ori~illage Clerk or officer designated by local legilsative body Judith T. Terry, Town Clerk Date: July 18, 1991 (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 !,, the undersigned,, hereby certify that the 'foregoing local law contains the correct text and that all proper i~roceedmgs have been had or taken for the enactment of the local law annexed hereto. Matthew G. Kiernan, Assistant Town Attorney Ti~;le ~l~X ~i~ of Tow~ Southold Dare: July 18, 1991 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD July 17, 1991 8:00 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: We have two public hearings for the evening. The first one a "Local Law in Relation to Off Street Parking Regulations" will be read by Deputy Supervisor George Penny. COUNCILMAN PENNY: "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 18th day of June, 1991, 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 17th day of July, 1991, at 8:00 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 ~w~r~t¥--f~ve-{~5~-feet- it~ -len~t-h -ma*/~ ~ -par ke d- +n - ~h e - dl.+v e wa~- .oKi _~n _o ce UlSr) e d_ ~ot_ _itq an¥-l'esidenc~--di$(t.i~t, twenty (20) feet in lencjth may be parked in the driveway on an occupied lot in any residence district except that one (1) commercial vehicle not exceedin~l twenty-five (25) feet in len~lth may be parked in the driveway on an occupied lot in any residence district provided that the owner of the occupied lot has continuously maintained title to such vehicle since the date of the enactment of this amendment, *Overstrike represents deletion(s) **Underscore represents addition(s) II. This Local Law shall take effect upon its filing with the Secretary of State. Pg ~ - LL Off Street Parking Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: July 2, 1991. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication from The Suffolk Times, an affidavit of publication from The Traveler-Watchman, an affidavit of posting from the Town Clerk. We having the following communications, from the Southold Town Planning, your letter of June 21, 1991 asked for an official report stating the Planning Board's recommendation regarding the proposed amendment to the Zoning Code, the Planning Board has no recommendations to offer. There is no concensus as to whether this amendment should approved or denied. From the Suffolk County Department of Planning, pursuant to the requirments 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 local determination. A decision of local determination should not be construed as either an approval or disapproval. Arthur Kunz, Director of Planning. There are no further communications. SUPERVISOR HARRIS: Thank you. At this time, are there any members of the audience, that would like to speak either in favor or against this Local Law change? DOROTHY PHILLIPS: Dorothy Phillips. There's a letter from the Nassau Point Property Association it does not deal with the matter of 20 foot trucks? TOWN CLERK TERRY: We don't have a letter regarding this. DOROTHY PHILLIPS: It says communications, and I wondered if that letter was about the Home Occupation. Is it, or isn't it? SUPERVISOR HARRIS: That letter, Mrs. Phillips, deals with a number of subjects, one of them happens to be Home Occupation, and it was addressed at a meeting recently at their annual meeting. DOROTHY PHILLIPS: Then why can't we hear it? SUPERVISOR HARRIS: It wasn't addressed here to the Board. This was a letter that was just sent to the Town. DOROTHY PHILLIPS: Then why was it included? SUPERVISOR HARRIS: It's on communications. Any communication that comes into the Town for the Town Board is put on that section of the agenda. DOROTHY PHILLIPS: Was there some discussion of twenty foot trucks in this letter? Can you tell us that? COUNCILMAN PENNY: They just suggested trucks be garaged. SUPERVISOR HARRIS: The letter from Nassau Point Property Owners Association deals with Home Occupation using his home as a base for business, and so on. They'd like to know about a sign, that's on a property. They, also, want to know about commercial vehicle advertising. They, also, asked about the fact that garaged vehicles are parked as to not be visible to neighbors cause no concern. Basically, what this deals with they have no problem with people working out of their homes. Their feeling is that a telephone and a box should allow the operation of a business without hardship. They make sure in their letter, that any noise, fumes or excessive traffic would not be acceptable, and that certainly is in our Code exactly the same wording, almost, and they just said that this feeling of the membership Pg 3 - LL Off Street Parkinn is to be considered, not addressing a public hearing. Just a letter that was sent to me as Supervisor, which I put on for interest. DOROTHY PHILLIPS: What about the Senior Citizen's Club, do they have anything to say in their letter about this? SUPERVISOR HARRIS: No. The Senior Citizen's Club is in reference to the Human Resource Center. DOROTHY PHILLIPS: I would just like to make a comment about the fact that in your wisdom you have the residential area that may have twenty foot trucks parked in the driveway, but the good Lord has provided us with children, and grandchildren, who play on these residential streets, and I would suggest the this Board consider traffic signs, which will say children at play in areas were there are children at play, because that is a concern of those of us, who think of a law that perpetuates in Southold for many years, and certainly reminding you that there will be many trucks, and a need for such signs. SUPERVISOR HARRIS: We certainly will address that, and certainly put signs up were needed, Mrs. Phillips. Thank you for your concern. Are there any other member of the audience, that would like to speak either in favor, or against this Local Law? (No response.) If not, I'll declare this public hearing closed. Southold Town Clerk ~dm 18th day of ~une, 1991, · Loml Lm~ emided. ,,A Lo~l Law lo Rdn- Ikm to Off Street Pnrklng Reign- #emi'. NOTICE IS FURTHER GIVEN ~ ~he Town Beard of the Town ~ wfli hold a puMk em .he aforesaid Local Law &t the ~oWhold Town }[all, Main ~atMl~ci. New yerk, oB the limb day er ~d7, 1~1, at 8:00 PJ~L, at ~ nH interested persons will be hossd. ,ion to Off Street Parking Jtquh- liens" ~ ns f~lows: Udn IT I~IACI'ED by the To~m Bonrd d"h~ Town of S~thold ns L Chopur 100 C/mh~) of dm O of d~ Town of Soufbeld is lisnby amendad to l~.ad as fellows: 1. S~i..~x 100-191(Q.)(1Xn) (Cmn- mercial Vehicles) is lseruby ammded to n~d a~ follows: not exceeding ~ · _ _~ ' !--'- L_ __. .... STATE OF NEW YO..~) )SS: COUNTY OF SUFFOLK} di4f~t~"//'~/~ ~/~ ~1/,~ ~/re~ Mat tit uck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, e Weekly Mewspaper, published at Mattltuck, In the Town of Southold, County of Suffolk and State of New York, end that the Notloe of whloh the annexed Is e printed copy, has been regulndy published in said Newspaper once each week for ! weeks sue_~esslvely, commencing on the /! day of Principal CIork 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 18th day of June, 1991, a Local Law entitled, "A Local Law in Relation to Off Street Pa~,ing Regulations." NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law ~t the Southold Town Hall, Main Road, Southold, New York, on the 17th day of Snly, 1991, at 8.'00 P.M., at which time all in.rested persons will be heard. This proposed "Local Law in Relation to Offstreet Parking Regulations" reads as follows: BE 1T 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: I. Section 100-91(Q)(l)(a) (Commercial Vehicles) is hereby amended to read as follows: (a) One (1) commercial vehi- cle not exceeding [twenty-five (25) feet in length may be park- ed in the driveway on an oc- cupied lot in any residence district.] twenty (20) feet in length may be parked in the driveway on an occupied lot in Shy residence district except that one (1) commercial vehicle not exceeding twenty-five (2~) feet in length may be parked in the driveway on an occupied lot in any residence district provided that the owner of the occupied lot has continuously maintain- ed title to such vehicle since the date of the enactment of this amendment. Bold represents addition(s). [Brackets] represents deletion(s). II. 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: July 2, 1991 JUDITH T. TERRY SOUTHOLD TOWN CLERK IX-7/11/91(202) COUNTY OF SUFFO. STATE OF NEW YOR,, 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, h;~. hec'r~ published in said Long Island 'l'r;tv~lcr-Watchman once each week for ...................."'~( ...... weeks successively, commencing on tile ......... ~,'~/'. ~ clay of. ....... ~ ...... 19.~/.. ~;worJ~ h)before mc this ..................... d;l~/ O[ Notary Public BARBARA A, SCHNEIDER NOTARY PUBLIC, Shte ol New York No. 480G846 Qualified in Suffolk CoL~nly,, Commission Expires