HomeMy WebLinkAboutLL-1992 #26LOCAL LAW NO. 26, 1992
A Local Law in Relation to Prohibited Uses
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 as follows:
Section 100-237 (Prohibited uses in all districts) is hereby
amended to read as follows:
Any use which is noxious, offensive of objectionable by reason
of the emission of smoke, dust, gas, odor or other form of air
pollution or by reason of the deposit, discharge or dispersal
of liquid or solid wastes in any form in such manner or amount
as to cause permanent damage to the soil and streams or to
adversely affect the surrounding area or by reason of the
creation of noise, vibration, electromagnetic or other
disturbance or by reason of illumination by artificial light
or light reflection beyond the limits of the lot on or from
which such light or light reflection emanates; or which
involves any dangerous fire, explosive, radioactive or other
hazard; or which causes injury, annoyance or disturbance to
any of the surrounding properties or to their owners and
occupants; and any other process or use which is unwholesome
and noisome and may be dangerous or prejudicial to health,
safety or general welfare, except where such such activity is
licensed or regulated by other governmental agencies.
Artificial lighting facilities of any kind which create glare
beyond lot lines·
E>-.---~-m-n.i~l'~7 c;-t'c~t~.~ and- ,et-a~ actP,,-i+.i~-,- exC.el:H'.-f'mr
C. Uses involving primary production of the following
products from raw materials:
Charcoal and fuel briquettes; chemicals; aniline dyes;
carbide; caustic soda; cellulose; chlorine; carbon black and
bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic
materials and synthetic resins; proxylin; rayon yarn;
hydrochloric, nitric, phosphoric, picric and sulfuric acids;
coal, coke and tar products, including gas manufacturing;
explosives; gelatin, glue and size (animal); linoleum and oil
cloth; matches; paint, varnishes and turpentine; rubber
{natural or synthetic); soaps, including fat rendering; starch.
II.
F~- D. The following processes:
1. Nitrating of cotton or of other materials.
2. Milling or processing of flour.
3- Magnesium foundry.
Reduction, refining, smelting and alloying metal or metal
ores -
5. Refining secondary aluminum.
Refining petroleum products, such as gasoline, kerosene,
naphtha and lubricating oil.
7. Distillation of wood or bones.
Reduction and processing of wood pulp and fiber,
including paper mill operations.
Operations involving stockyards, slaughterhouses and
slag piles.
IF.- F- Storage of explosives.
~: G. Quarries.
Storage of petroleum products. Notwithstanding any
other provisions of this chapter, storage facilities with a
total combined capacity of more than twenty thousand (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.
This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletions
** Underscore represents additions
NOTE: Those items which are neither underscored nor overstruck are
included for purposes of relettering.
· ,I, IYS DEPARTMENT :OF STATE
~: 162 WasMngtan Avenue
:.- At'any, NY 12231-0001
Town of Southold
LOCAL LAW(S) NO. I YEAR ~ FILIBG DATE
19 thru 30I 1992 I 12/1/92
,';Local Law Acknowledgment
~[m~T~t T TERiIY
· ' i ~ +~OWN ~OP SOUTPiOLD
~ r' ~.iTO L
~ ' ~i~'3095 NAIN ROAD
'~ " '?:~0 BOX 1179
i [~--' 'iS~OU~EOLD NY 11971
· I~G~',~."6~ {kev. 6190)
The above-referenced material was received
and filed by this office as indicated.
_1
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
i62 WASIIINGTON 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.
~ Southold
Town-
Local Law No. 26 of the year 19_9-g--
In Relation to Prohibited Uses
A local law ..............................................................................................................
Be it enacted by the ......................... .T___o._w__n....B_.o..a__r..d. ............................................
of
the
~l:~X Southold
of .......................................................................................... as follows:
Town
Chapter 100 (Zoning) of the Code of the Town of Southold is hereby
amended as follows:
Section 100-237 (Prohibited uses in all districts) is hereby
amended to read as follows:
Any use .which is noxious, offensive of objectionable' by reason
of the emission of smoke, dust, gas, odor or other form of air
pollution or by reason of the deposit, discharge or dispersal
of liquid or solid wastes in any form in such manner or amount
as to cause permanent damage to the soil and streams or to
adversely affect the surrounding area or by reason of the
creation of noise, vibration, electromagnetic or other
disturbance or by reason of illumination by artificial light
or light reflection beyond the limits of the lot on or from
which such light or light reflection emanates; or which
involves any dangerous fire, explosive, radioactive or other
hazard; or which causes injury, annoyance or disturbance to
any of the surrounding properties or to their owners and
occupants; and any other process or use which is unwholesome
and noisome and may be dangerous or prejudicial to health,
safety or general welfare, except where such SUCh activity is
licensed or regulated by other governmental agencies.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 ( Re,,. 7,'913 (1)
B. Artificial lighting facilities of any kind which create glare
beyond lot lines.
I1.
C. Uses involving primary production of the following
products from raw materials:
Charcoal and fuel briquettes; chemicals; aniline dyes;
carbide; caustic soda; cellulose; chlorine; carbon black and
bone black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic
materials and synthetic resins; proxylin; rayon yarn;
hydrochloric, nitric, phosphoric, picric and sulfuric acids;
coal, coke and tar products, including gas manufacturing;
explosives; gelatin, glue and size (animal); linoleum and oil
cloth; matches; paint, varnishes and turpentine; rubber
(natural or synthetic); soaps, including fat rendering; starch.
The following processes:
1. Nitrating of cotton or of other materials.
2. Milling or processing of flour.
3. Magnesium foundry.
4. Reduction, refining, smelting and alloying metal or metal
ores.
5. Refining secondary aluminum.
Refining petroleum products, such as gasoline, kerosene,
naphtha and lubricating oil.
7. Distillation of wood or bones.
8. Reduction and pFocessing ~.o~: wood pulp and fiber,
including paper mill operations.
E. Operations involving stockyards, slaughterhouses and
slag piles.
F. Storage of explosives.
G. Quarries.
Storage of petroleum products. Notwithstanding any
other provisions of this chapter, storage facilities with a
total combined capacity of more than twenty thousand (20,000)
gallons, including all tanks, pipelines, buildings, structures
and accessory equipment designed, used or inLended 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.
This Local Law shall take effect upon its filing with the Secretary of
State.
(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.)
[ hereby certify that the local law annexed hereto, desianated as local law No ........ .2._6 ......................... of 19-9--2--.
· SouthSId e
of the (_~cna~}c)(Town)(AraclR0g~:) of ..... -, ...... -z-, ......... -.::,- ..................................... was duly passed by th
Town Board' N emoer z~, uz v'' w
.......................................... %'16 .................. 19 ...., in accordance with the applicable pro tslons of la
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)(repassed after
(Name of LegiMative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,
(Elective Chief Executive Officer* )
in accordance with the applicable provisions of law.
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 approved)(repassed after
LYame of LegiMative Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chief Execu~ve 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 law.
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 ................................................................. xvas duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repassed after
(Name of Leg~lat~ve Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
I Etective 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 chairperson of the county legislative body, the mayor of a cry 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.)
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-
i-~s 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 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 in-
dicated in paragraph ..... 3_ ..... , above.
Clerk of~e County legislative body, City., Town or Village l~k
.' or officer designated by local legislative body
Judith T. Terry, Town Clerk
November 25, 1992
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
cou~qrrY 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 the local law annexed hereto.
St~naa~r~- '
Matthew G. Kiernan, Assistant Town Attorney
Title
Southold
November 25, 1992
Date:
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
November 24, 1992
4:52 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO PROHIBITED USES".
Present
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: The next public hearing of the afternoon is a "Local Law
in Relation to Prohibited Uses".
COUNCILMAN LIZEWSKI: "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 Prohibited Uses". 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 4:52 P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Prohibited Uses" 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 as follows:
1. Section 100-237 (Prohibited uses in all districts) is hereby
amended to read as follows:
A. Any use which is noxious, offensive or objectionable by
reason of the emission of smoke, dust, gas, odor or other
form of air pollution or by reason of the deposit, discharge
or dispersal of liquid or solid wastes in any form in such
manner or amount as to cause permanent damage to the soil
and streams or to adversely affect the surrounding area or
by reason of the creation of noise, vibration, electromagnetic
or other disturbance or by reason of illumination by artificial
light or light reflection beyond the limits of the lot on or
from which such light or light reflection emanates; or which
involves any dangerous fire, explosive, radioactive or other
Pg 2 - PH LL Proh. Uses~
hazard; or which causes injury, annoyance or disturbance
to any of the surrounding properties or to their owners and
occupants; and any other process or use which is
unwholesome and noisome and may be dangerous or prejudicial
to health, safety or general welfare, except where such
activity is licensed or regulated by other governmental agencies.
B, Artificial lighting facilities of any kind which create glare
beyond lot lines.
~u~ or refuse d+~posaF ~e, ex~
s~ ~a~d as an ~f~aF ~n refuse ~posal ~e or
E~ C~ Uses involving primary production of the following products
from raw materials:
Charcoal and fuel briquettes; chemicals; aniline dyes;
carbide; caustic soda; cellulose; chlorine, carbon black and
bond black; creosote; hydrogen and oxygen; industrial
alcohol; nitrates of an explosive nature; potash; plastic
materials and synthetic resins; proxylin; rayon yarn;
hydrochloric, nitric, phosphoric, picric and sufuric acids;
coal, coke and tar products, including gas manufacturing;
explosives; gelatin, glue and size (animal); linoleum and oil
cloth; matches; paint, varnishes and turpentine; rubber
(natural or synthetic); soaps, including fat rendering;
starch.
F~ D~ The following processes:
1. Nitrating of cotton or of other materials.
2. Milling or processing of flour.
3. Magnesium foundry.
Reduction, refining, smelting and alloying metal or metal
5. Refining secondary aluminum.
5. Refining petroleum products, such as gasoline, kerosene,
naphtha and lubricating oil.
7. Distillation of wood or bones.
8. Reduction and processing of wood pulp and fiber,
including paper mill operations.
~ E. Operations involving stockyards, slaughterhouses and slag
piles.
~ F. Storage of explosives.
~ ~ Quarries.
~= H~ Storage of petroleum products. Notwithstanding any other
provisions of this chapter, storage facilities with a total
combined c.apacity of more than twenty thousand (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.
II. This Local Law shah take effect upon its filing with the Secretary of State.
* Overstrike represents deletions
** Underscore represents additions
' Pg 3 - PH LL Proh. Uses~"~,
NOTE: Those items which are neither underscored nor overstruck are
inclused for purposes of relettering.
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, an affidavit here of having it
posted in The Suffolk Times, and The Mattituck Watchman on November 11, and
November 20, and it was posted on our Bulletin Board by our Town Clerk Judith
Terry. I have two pieces of correspondence. One from the Planning Board. 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 Southold Town Planning
Boal~d has reviewed this proposed legislation which calls for the deletion of carnivals,
circuses, junkyards and refuse disposal sites from the list of prohibited uses in
all districts, and finds that it has no objection to the proposed change~ .We,' alsb,
have one from the Director of Planning. 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 of local determination. A decision of local determina-
tion should not be construed as either an approval or disapproval. That's the
only correspondence, that I have, and working with this Legislative Committee
we find that ~here are several places in these Codes where basically there is
duplication of the law, and basically what we did is take out something, that is
addressed much more fully in other areas of the Code. In fact, there's a whole
chapter devoted to junkyards alone.
SUPERVISOR HARRIS: Thank you. Are there any members of the audience,
that would to speak in reference to this Local Law amendment?
ALPHONSE MARASEL: Alphonse Marasel. Orient Point. This is in reference to
this law, Local Law in Relation to Prohibited Use. Am I on the right track here?
Now, I was here last August, and I was complaining about the bird gun, that
this farmer near me was using, and Mr. Penny said, we can not infringe upon
his rights to use this gun. Now, I don't see anything in this article saying some-
thing about that, all infringement of his rights. He's the only one using it, that
I know of, and what can you say to me about that?
SUPERVISOR HARRIS: Well, this public hearing that we're having in reference
to this Local Law change, is just deleting two small sections, C and D from the
Code, that are already duplicated in another area of the Code. That's all this
Local Law, and public bearing, is about. It has nothing to do about the intent
of the law, as it exists, the enforcement of such. This is strictly codifying the
Code, and removing two sections, that are already duplicated. That's all this
public hearing is dealing with.
ALPHONSE MARASEL: Yes. I read this all, and I just wondered why that's not
in there, that is a Special Exception. I asked about that, and I don't see anything
in here. We'll let it go at that, and we'll wait until next summer.
.~ ~. Pg 4 - PH LL Prob. Uses.~. ,/~.~
SUPERVISOR HARRIS:
Law? (No response. )
Anybody else like to speak in reference to this Local
We'll declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
aniline dyes; carbJ, de; ,
~3f~{{i4~UBLIC HEARI %(;
~tii ON LOCAL LA~
~"~:GIVEN~ that there' has been
~own 0[ S0uthold. Suff61k
, New 5brk, on the 2~h
October,. i992. a LoeM
Town of Southold ~hIl hold
This proposed "~ La~ in.~
to:. Pmhibited 'Uses'(
s foii6ws:
BE iT ENACTED by the
o(*he To'v~ of
~..h.'r~."y..ll','~ h,.._;-o n~i'~.
,~e nart~r~ por~h:.pl~,~c
~,~ ,.L rll.,.
Patricia W'ood, being duly sworn, says that she is Lhe
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at $outhold, in $offolk Codnt,,';
a~d that the notice 0f ~hich ihe anfieXed is a
has ~cen publ'sned 'n sa'd Long Island Fravele :Watel
once each wc'ek for .............. ....... / . .
......... .............
.~r tidal w~dandg.
1I: This Local Law sh:all rake
.=i't~ct upon it§ filing with the
Secretary of State.
~Ov~fstrike represents deletions
**undem-sx:ore re
~nd any otlier pro,ss or use - ,,,n .... · m m.. '~,m .mm ;,, 0velstrdck ar~ NclUded for pur-
· e ' cd ".',, ' :,ve~ .u n- DATED November !0 1992
t ~ .. m I'h I1~ m. flll : ~ ' : ~SOUTHOLD ~WN CLERK
STATE OF
) SS:
C~, ~OUNTY OF SOI~LK}
~ [_.D I~ I~-t.I I~j of Mattituck. in
s~d ~W, bei~ d~y s~, ~ ~at he/she
~ P~ncipal Clerk of THE S~LK T~, a
Wee~y Ne~paper, published at Matfitu~,
~e To~ of Southold. Coun~ of Suffolk and
State of New York, ~d ~at ~e Nofi~ of w~ch
~e ~exed is a p~t~ copy. h~ been
ly published ~ ~d N~pa~ once ~ week
Principal Clerk
Sworn to before me tiffs
/
pUBLIC HEARIN(
ON LOCAL LAW
pUBLIC NOTICE IS HEREBY
'GIVEN that Lhen~ has bccn prcscnt~d
to thc Town Board o[ the Town o[