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HomeMy WebLinkAboutLL-1992 #24 LOCAL LAW NO. 24 , 1992 A Local Law in Relation o Berms BE IT ENACTED, by the Town Board of the To~ I. Chapter 100 (Zoning) of the Code of the T, amended as follows: 1. II. ~n of Southold as follows: ~wn of Southold is hereby Section 100-239.3(Berms) is hereby deleted in its entirety. ' filing This Local Law shall take effect upon its with the Secretary of State. NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS 162 Washington Avenue Albany, NY 12231-0001 DA~E: 12/1/92 . Local Law Acknowledgment ffUDITH T TERRY TOWN OF SOUTHOLD ToWN HALL 53095 MAIN ROAD PO BOX 1179 I__ SOUTHOLD NY 11971 -I MUNICIPALITY -~ __ To~v~ of Southold J LOCAL LAW(S) NO- I YEAR I FILING DATE [ 19 thru 30 1992 12/i/92 The'above-referenced material was received and filed by this office as indicated_ Additional local law filing farms will be forwarded upon request. Local 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. XC~ Southold Town Local Law No ........... .2_.4_ ...................... of the year 19.9--2--- A local law .......... !_n___.R_e_[_a_ti__o.o__g_o___B__e£_m_.s_ .................................................................. Be it enacted by the ....................... .T_.o_.w..n._..B..o_a._r.d_ ............................................... of the ~'4ry of ........................... _.S_o._u._t..h_o_J_d. ................................................. as follows: Town Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-239.3 (Berms) is hereby deleted in its entirety. 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.) DOS-239 trey. 7,~13 (1) (Complete the certification in the paragraph that applies to the filing 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 ...........2_~ ...................... of 19-?--2-- ~ the (~ax~.~Gdlq~t(Town)($fi~ta:ge) of ............. _S_9__u_~;h_o_[_d_ ...................................... was duly passed by the ..!.9.w__0__~_o__a_r__O ............................ on ..N__o__v_e._m_he.r._2tD 9__2., in accordance with the applicable provisions of law. (Nam e of £ egisl~tive Bodyi 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 19 ...... of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(mpassed after (Name of Legislqative Body) disapproval) by the .................................................. and was deemed duly adopted on .................. 19 ...., (Elective Ch~ef Execatlve Officer*} in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the loca I 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 Opproved)(not approved)(repassed after (Name of £ eg~tadve Body) disapproval) by the ................................................. on ................... 19 .....Such local law was submitted (Elective Chief Execmlve Officer*) 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 taw. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the (County)(City)(Town)(Village) of ................................................................. ,,vas duly passed by the ................................................... on .................. 19 ...., and ~vas (approved)(not approved)(repassed after (Name of Legislative Bodvl disapproval) by the .................................................. on .................. 19 .... Such local law was subject to IElective Chief Exectttive Officer') permissive referendum and no valid pemion 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 chairperson 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 la~'s 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)(geneml) 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 cit- ies of said county as a unit and 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.) (Seal) I further certify that I have compared the preceding local law with the orizinal 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 dicated in paragraph ..... .l ..... , above. Clerk o f~.gunty legislative body, City, Tow~ or Villa~Clerk . or officer designated by local legislative body Judith T. Terry, Town Clerk Date: November 25, 1992 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEWcyQ?IJ~ Oour-r LK COUNTY OF 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 lax~ annexed hereto. SignatUre I - \ - Matthew G. Kiernan, Assistant Town Attorney Title ~,.x of To w n Southold Date: November 25, 1992 (3) PUBLIC HEARING SOUTHOLD TOWN BOARD November 24, 1992 4:45 P.M. IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO BERMS". Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS: We'll move onto the next public hearing of the afternoon, a "Local Law in Relation to Berms". JUSTICE EDWARDS: "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 20th day of October, 1992, a Local Law entitled, "A Local Law in Relation to Berms". 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 24th day of November, 1992, at 4:45 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Berms" reads as follows: BE IT ENACTED by the .Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-239.3 (Berms) is hereby deleted in its entirety. 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: November 10, 1992. Judith T. Terry. Southold Town Clerk." I have proof of publication with The Traveler Watchman, proof of publication with The Suffolk Times, proof of posting on the Town Hall Bulletin Board. In correspondence I have a letter from Bennett Orlowski, Chairman of the Planning Board. Dear Mrs. Terry. The following resolution was adopted by the Southold Town Planning Board at its meeting held on Monday, November 2, 1992. Be it resolved that the Planning Board has reviewed this proposed legislation which calls for the deletion of the entire section of the Zoning Code pertaining to berms, and finds that it is opposed. Pg 2 - PH LL Berms (~-,~ i.~, This proposal to eliminate oversight of berm construction and location by the Planning Board and the Building Department should be reviewed by the Steward- ship Task Force because of its potential to impact on the visual landscape, not to mention traffic and pedestrian safety issues that may arise or drainage problems that may result from improperly placed, designed and constructed berms. Signed, Bennett Orlowski, Chairman. I, also, have a letter from Arthur H. Kunz, Director of Planning, Suffolk County. Pursuant to the requirements of 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 determina- tion should not be construed as either an approval or disapproval. That's it. SUPERVISOR HARRIS: Is there any m, to speak in reference to this Local Law RUTH OLIVA: Ruth Oliva. May I ask out this section on berms? COUNCILMAN PENNY: I give you the is that this law was put in with the Ma because an individual named Marco ha( Indian Neck Lane, that stimulated a lot .~mbers of the audience, that would like amendment? just was the legislative intent in taking ~ay we addressed it at the Committee, ;ter Plan. It was put in, I believe, [ put a berm in front of his property on of conversation, and some reason or other, it found it's way into the Zonin¢ Code. There is no way in the Zoning Code that this has been followed throu;rh with over three years now. We have had no applications for permits, and w~ know full well that these berms are going in. There is no procedure by w~ich you would get to the Planning Board on this on residential property. There is no procedure by which the Building Department can' issue a permit, or de)~y a permit on this, because it is addressed in the Town Code as a structure. So, what we did by taking this out, it was felt by the current legislators, and th meeting, that this was just another law point, but wasn't attached to anything concerned about anything, except the fences. There is no description, even. never followed through in any area. a problem. It was never followed throl out, or recommended it's taken out. RUTH OLIVA: Thank you, George. l in transition buffer area. Under C, o wall, or fence, of a location, height, ¢ Board may be accepted for any portion area. E is where the existing topogra! screening, that the Planning Board ma area as required a planting, so therefc addressed in that area. ~ people that attended the Legistative that was put in place, or intended at one kind of like an appendix. The Town wasn't leight of berms, which we address under of a berm in the Town Code. It was tape change) So, we figured it wasn't h. It's been three years, and we took 'd just like to draw your attention to 100-213 · I believe it's D, landscape earth and berm esign and materials approved by the Planning of the required planting, and/or buffer )h¥, and/or landscaping provides adequate / accept the existing planting and/or buffer re in many respects the berm is already COUNCILMAN PENNY: On commercial property. Yes. Not on residential. Pg 3 - PH LL Berms ,-'~. RUTH OLIVA: Thank you. Just one other thing while I'm here. When I was looking at that 100-213, I was happening to look at 100-211, and general require- ments, as far as even residential areas, and commercial areas are considered, as far as plantings, and maintaining plantings, and what have you, even in the residential areas, and I would ask that the Legislative Committee kind of look at that, because it's really rather ridiculous. COUNCILMAN PENNY: We did review it, and at that point we didn't find a problem with it. We will be very happy to take your comments into consideration. RUTH OLIVA: It more, or less, says if I cut down a tree in my yard, and it isn't in accordance with whom ever is going to look at it, I could be fined, or something, or if I didn't provide the proper planting of grass,' trees, or shrubs, or what have you in my front yard. Maybe, I want to put all stones in my front yard, and I think that this should be looked at. Thank you. COUNCILMAN PENNY: Good point. SUPERVISOR HARRIS: Somebody else have their hand up in reference to this? MARGARET BROWN: My name is Margaret Brown. '1 don't necessarily disagree with your taking away.berms, per se, and if that's unenforcable, and undefinable" kind of landscaping, or barrier usage, and you don't value it, then, all right, take it away, but since in your thing we're going hear about is adding, and berms, to fencing, and fences, and so forth, I think someplace in your Code you better have a definition of berms, so that people know what they are, and also, you're very concerned about heights of fences front and back, and sidewise, and a berm is set..well, in the original thing about berrns, there was a definition of heights. Does that mean trees on it, or not trees on it, and do you care, for instance, your berm could be four feet high, but then if you put a twenty foot pine tree on it, its' going to be a lot higher. Maybe, that's all right. I mean with that kind of screen, but I think you should note exactly what it is you may get, especially if you get rid of berms in the first instance, and you add it to the second. Thank you. SUPERVISOR HARRIS: Thank you. reference to this Local Law change? hearing closed. Would anyone else like to comment in (No response.) If not, I'll declare this public Judith T. Terry ~ Southold Town Clerk · ~ NOTICE OF · ,~ PUBLIC HEARING ~, ON LOCAL LAW' ~[HI~REB¥ GI~rEN that there has x:'been pre.s,e, nfed ~.o the Tov~n die 20 h a,~.' o ¢)c~obcr. 1992. ~l[a[I. Mqm I~.o~d. , l'nis proposed "Local Law in ,ms?, reads as i.:.IiE IT:'Eiq'AcTED by :the, Tmvd 6f I. Chapter 100 (Zoning) oftha b~n of SouthoId ~ etfect ·upon its firing with the ~ersons during b~e,~s.homs. )ATED: November 10, 1992. · ~:. JUDITH-T. :FERRY SOUTHOLD TOWN CLERK COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is tne Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, _ i a public newspaper printed at Southold, in Suffolk Coun~};.; :~ 17 ~7 '.., : .. ,,:. :.':..' ~...': ;,'~'.....: ./.:.:- .. · I ,*,~.~-~/~_ ' ~ ' ........... .¢.... ........ ..,...~,, ~-'x, · ' .,'" ...~'~ '~ .. :.- ,,..~ .',~'~ '. ~ :..":': ................ ....... Notary Public BARBARA' A2 S~HNEIDE[~ NOTARY PUutiu, S ..... t ,.;~ · Cor~ miss oml Expmre~ LEGAL~CE ~. NOTICE OF ~ ' ,~, pUBLIC HEARING STATE OF N-~: YOlk. K) ) SS: COUNT~ OF SUFFOLK) ~ (3~l~.J~j of Mattituck, in ~d Co~, bei~ d~y s~, ~ ~at he/she is ~incip~ Clerk of THE S~OLK T~, a Wee~y Ne~pa~r, p~lished at ~ttit~, ~ ~e To~ of Southold. County of Suffolk and S~te of New York, and ~at the Notice of whi~ ~e ~exed ~ a ~ted copy, ~ b~n ~- ly p~hed in said Nempa~r once ~ ~ek ~/~_~ weeks successlvcly, conm~encing on lhSnelpal Clerk Sworn l;~.before mc this day of I/Volf~-I~b~'~ 19