HomeMy WebLinkAboutLL-1992 #35LOCAL LAW NO. 35 , 1992
A Local Law in Relation to Open Storage
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:
Section 100-236 (Open Storage) is hereby amended to read .as
follows:
No unenclosed storage, except parking of operable
passenger vehicles capable of passing inspection or recreation
vehicles or boats and commercial vehicles as set forth in
Section 100-191, shall be permitted in a residential district.
B-.---~un~$ opet~ st~r~e i~ is~fn~et~-d h~ a cemmer~ka4 er
hs~duser~-d{-~ts-i~-~t ms a Is~'~ncil~l-or
~'he f"oHew'ingm- con~J'{t:i~'n.s- ~ha+l- be-reef, mm:-
~? No-ou{ d~o~-st~raeje ~ 1~--13et~mi~.t~l
~wet~t¥~f{-ve {~,~ f~et-oF a resk~en~i~l
II. This Local Law shall take effect upon its filing with the Secretary of
State.
* Overstrike represents deletion(s)
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
ALbany, NY 122~1-0a01
DATE= 12/30/92
Local Law Acknowledgment
J-- JUDITH T TERRY
TOWN OF SOUTHOLD
TO~ HALL
53095 MAIN ROAD
PO BOX 1179
J__ SOUTHOLD NY 11971
DOS-~36 .(Rev. 6/90)
MUNICIPALITY
Town of Southold
LOCAL tAW(S) NO. YEAR J FILING DATE
- 33 thru 36 1992 J 12/28/92
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
162 WASHINGTON AVENUE. ALBANY. NY 12231
II.
(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 ............... .3..5. .................. of the year 19--9--2--
In Relation to Open Storage
A local law ..............................................................................................................
fln~n Title)
Be it enacted by the Town Board of the
~ Southold
of .......................................................................................... as follows:
Town
Chapter 100 {Zoning) of the Code of the Town of Southold is hereby
amended as follows:
1. Section 100-236 (Open Storage) is hereby amended to read as follows:
No unenclosed storage, except parking of operable passenger
vehicles capable of passing inspection of recreation vehicles or
boats and commercial vehicles as set forth in Section 100-191, shall
be permitted in a residential district.
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 (Rev. 7,91) (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, d~nta~%~ ~s local law No ......... _3_ _S_ ....................... of 19-9--2---
o.~ the(6?4~(~,~i~)(Town)(b~la~g¢) of :c ............... -~ ...............................................was duly passed by the
/own ~oarcl ecember 22, 92 'n accordance with the aDolicable orovisions of law.
................................................ o14 .................. 19 ...., ~ .~- -
2. CPassage 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
disapproval) by the .................................................. and was deemed duly adopted on ................ z2 19 ....,
in accordance with the applicable provisions of law.
3. (Finai 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
(Name of £egidative Body)
disapproval) by the ................................................. on ................... 19 ..... Such local law was submitted
(Elective Chief Exec;ttive Of~cer*)
to the people by reason of a (mandatory)(permisslve) 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 ................................................................. was duly passed by the
................................................... on .................. 19 ...., and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the .................................................. on .................. 19 .... Such local law was subject to
(Elective Chief Executive Of]~cer*)
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 ora 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.)
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 tke 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 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 ....... J----, above.
Clerk of the C~tyX[egislative body, City, Town or Vilhge Clerk/~
. or officer designated by local legislative body t/
Judith T. Terry, Town Clerk
Date: December 23, 1991
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
cou~rr~ 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.
Sign~amr~ -
Matthew G. Kiernan, Assistant Town Attorney
Title
xGi~ of
Town
$outhold
Date: December 23, 1992
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
November 24, 1992
4:50 P.M.
IN THE MATTER OF THE PROPOSED "LOCAL LAW IN RELATION TO OPEN
STORAGE".
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, a "Local Law
in Relation to Open Storage", read by Councilman Penny.
COUNCILMAN PENNY: "Public Notice is hereby given that there has been pre-
sented 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 Open Storage". 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 4:50 P.M., at which time all interested persons will be heard. This proposed
"Local Law in Relation to Open Storage" reads as follows:
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
1. Section 100-236 (Open Storage) is hereby amended to read as
follows:
-Ay No unenclosed storage, except parking of operable passenger
vehicles capable of passing inspection or recreation vehicles
or boats and commercial vehicles as set forth in Section 100-
191, shall be permitted in a residential district.
B: Wh~fl ope~-s~-~s 1~mi-t-ted- in ~ com~erei~l o~
eon~it:ions- s-haH be
Pg 2 - PH LL Open Stor..~,
S{orage ~J~t- be st~eened-frem ~iew by a ~nee or
sh~l ~p~ov~ ~ ~ P~n~-~. ~ ~
s~+l ~ ~-~a+ exeeed ~he ~g~ ~ ~h~
sePeen~ng;
~, ~b~ ~o t~ ~1 ~ ~he ~an~ ~.
Fa+~ t~ ~ ~h screen+rig s~F ~u~
o~ ea~ u~.
II. This Local Law shall take effect u~n its filing with the Secretary of State.
* Overstrike represents deletions.
Copies of this Local Law are available in the Office of the Town Clerk- to- any
ihterested persons during bus,ness hours. Dated: November 10, 1992. Judith
T. Terry, S0uthold Town Clerk." We have the following communication, from the
Suffolk County Planning Commission. Pursuant to the requirements 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 determina-
tion should not be construed as either an approval or disapproval, From 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 Southold Town Planning Board has reviewed this proposed
legislation which calls for the deletion of screening requirements for open storage
areas in commercial or industrical districts, and for automobile wrecking yards
or junkyards, and finds that if the purpose of the amendment'is to remove Planning
Board oversight of screening requirements, that it i5 opposed to this amendment.
This amendment to eliminate screening requirements and Planning Board oversight
of same will result in further deterioration of visual landscape. This is contrary
to the intent of the Master Plan. Sincerely, Bennett:Orlowski, Jr. I, also, have
an affidavit of publication by The Suffolk Times, from The Traveler-Watchman,
and by the Town Clerk. I would just like to'add a little editorial comment to
this Law, and I agree with the Planning Board, it is not the intent of the Town
Board to remove this from oversight. What we found in dealing with this Law,
and I'll try to address each section separately. When open storage is permitted
in a commercial, industrial district, it shall be screened from view, We found
this to be all encompassing, and that the Law was too strictive, and that if
somebody found objection to driving by any business that had open storage outside,
they could object to it due to this law, and so we said, we have to figure out
a way to:address this, and I'm going to come up with that, because we have Come
to a conclusion to this, that I think is going to be satisfactory to the Planning
Board. The outdoor storage they permitted within 25 feet of a residential district
boundary. This was found to exclusionary, because many commercial districts
in the old days had storage, they a'llowed storage right up until their side yard,
and people have lived with that situation for years. A lot of these smaller business
lots are probably quarter acre, or less, and if you took away twenty-five feet,
if they happen to be bordering a residential district, as this time, when they
may have been in business for thirty or forty years, that this was fairly restric-
tive. There was no grandfathering of this at all. C, the d~letion of the auto-
mobile wrecking yard, or junkyard, is not what it seems. The automobile junkyard,
and wrecking yard, the screening for this is clearly provided in another section
of the Code, So what we've done is remove the duplication of this. I would just
Pg 3 - PH LL Open Stor.?=~ ~,,
like to follow up with a discussion, that we had in the Legislative Committee in
response to some of the Planning Board's comments, and what we decided to do
is to draft legislation to screen storage, side yards, and rear yards on commercial
and industrial property from view of residential properties. We found that to
be much more in accord with the way we would like it to be done, because the
way the law originally you would have to 'screen it from view in all eases, and
you'd be driving by your business in Southold Town, and all you would see is
a wall or fence, and a bunch of trees, and you really wouldn't know what the
people had to sell. This still is a rural community, and people really kind of
like to what they're going by, and where they're going to stop by, ~and-~hop.
We found that this draft here, which will we'll take up at the next agenda of our
Legislative meeting seemed to solve the concerns of all, and naturallY/ any new
business, the screening falls under the p~'view of the Planning Board before they
get to Site Plan Review process. So, that is not taking anything away from the
Planning Board, as in the letter, and the letter suggested that if we weren't taking
away from the Planning Board, that they would not be opposed to this. Thank
you.
SUPERVISOR HARRIS; Any member of audience like to speak in reference to
this Local Law amendment?
ALEX ZUHOSKI: My name is Alex Zuhoski from Oregon Road, Cutchogue. Does
this mean that you don't have to put no fences up where you have a junkyard,
or anything like that there?
COUNCILMAN PENNY: No. That's addressed in another section of the Code.
ALEX ZUHOSKI: In other words, how about the twenty-five feet from the boundary
line, and all that stuff? Are you going to do away with that too,-or not?
COUNCILMAN PENNY: If there is an existing parcel, that is already existing,
not one that is being created, or not one that's being created by a site plan,
but already a business,~ a business parcel that is already in existence, and if
he were allowed to store his material within twenty-five feet of the resident'iai
property, then he would be allowed to continue to do so. Under the buffer
requirements on site plan, that the Planning Board takes into consideration for
creating a new piece of business property, then they would probably have a
buffer requirement built into that.
SUPERVISOR HARRIS: Anybody else like to speak in reference to this?
LINDA LEVY: Linda Levy. Southold Coordinator for North Fork Environmental
Council. Our biggest concern about this Law is the issue of screening, which
Councilman Penny has already addressed. However, I understand it's going to
be addressed at the Legislative Committee. We do feel that we would like our
comments about the issue of screening still 'be on the record, because unfortunately
that's not the end result we're looking at tonight, or this afternoon. What we're
looking at now is eliminating requirements for screening, The law as amended
eliminates all conditions put upon open storage in commercial and industrial zones,
specifically as regards screening of the open storage. By making this change,
the Town Board is permitting open storage to become an eyesore for all to see;
In other words, residents and tourists driving down the North Road, for example,
would have the pleasure of viewing machinery, and other items happening to be
stored outdoors. The result of this lack of screening would be a town where
P 4 - PH LL Open Stor. ~--,. f-~.
few people would enjoy living, and no one would care to visit. The amendment
also delets the section disallowing outdoor storage within 25 feet of a residential
district boundary. Not only will the open storage not be screened, it will now
hypothetically be permitted right up to a residential property line. What effect
will this have on homeowner's property value? This change will prevent the
peaceful enjoyment of life in Southold. The quality of life for all residents will
be diminished if open storage is allowed to be unscreened and open to view of
residential neighbors or visible from our scenic roads. If there is a rationale
for this proposed amendment to the Code, it surely cannot be meant to so alter
the beauty of our Town. If the law is flawed, correct it by all means, but don't
eliminate ail controls. All too quickly we may end up with eyesores spotting our
horizons, and there will be no remedy available. That's the prepared statement
from the NFEC, and I would also like to add that it would have been a lot easier,
I think, for all of us, if this law with the changes that you are now proposing
was processed to start with, so that people didn't get all upset, oh no, there's
screen,lng, and what are we going to do about it, and in the future we would
really hope that, ;especially once the Planning Board has made comments that we
do agree with, and yet you haven't set a hearing yet, that these changes might
be made before the set the hearings, so that all these people do not get concerned
over what maybe nothing. Also, that we don't spend out time, that may not be
needed to be spent on this issue. The last thing I have is regarding the fact
that the law being presented to us tonight as it stands.~i~h~"these changes, and
then we're going to change it again later, is that if somebody were to get in under
the wire during this period of time, when the Code had eliminated the need for
screening, and somebody was able in the next month, or however long it takes,
before the new law that the Legislative Committee is working on, they might very
well be able to have open storage, and be grandfath~red in that they can have
open storage without the screening, because they were able to do at the time
between the two laws, if you follow. Anyway, thank you very much for this
opportunity to speak to you.
SUPERVISOR HARRIS: Is there somebody else out there with their hand up in
reference tO this Local Law amendment?
FREDDIE WAXBERGER: Freddie Waxberger. Orient Association. I~m'having, l
guess for the same reason, that we're seeing one law eliminated without seeing
what the law really looks like is going to replace it. l'm having something with
the same problem. From what I understand you to say, the new provision will
simple eliminate the 25 foot setback for situations that are going to be grand-
fathered?
COUNCILMAN PENNY: The new provision would eliminate this. P~-operties that
it isn't even being 6nforced on.. In other words, if a business is already in place,
then this would not affect them. Anything that is coming in under the new
Site Plan driteria has screening, and buffer requirements built into it.
FREDDIE WAXBERGER: Equal to these?
COUNCILMAN PENNY: I believe, that there is some discretion in the Planning
Board, but between the Planning Board, and the ZBA, believe me, 'the area'is
covered. I can'~ gi~e you every individual condition, because there conditions
that vary, and mostly it's when it abuts residential property, but is accomodated
for it.in the Site Plan Review process.
Pg 5 - PH LL Open Stor./
FREDDIE WAXBERGER: I undstand from what you said, that the fencing would
only, fencing or screening, would only be required to visual protect from
residential areas?
COUNCILMAN PENNY: On existing properties. Yes. Because the way it reads
right now, anybody that has materials stored outside. When I say material, it's
goods stored outdoors, which means technically if you drove by Lucas Ford, you
wouldn't be able to see the cars, because they have their goods stored outdoors
on commercial property. If a person is running anything on commercial property,
they could not store their wares out of doors without an enclosure.
FREDDIE WAXBERGER: I understand that. I wonder why you haven't simply
created a more specific law to replace this. For example, we have junkyard
included here. Now, under any circumstances one wouldn't want to see a junkyard
exposed, whether you're in a commercial, or residential section.
COUNCILMAN PENNY: I'm sorry, but I said that before, and that is addressed
in a separate section of the Code all together. The screening, and the conditions
are set in a section of the Code under junkyards, so this was duplication.
FREDDIE WAXBERGER: Okay. Can you give us a sense of what the timing will
be in terms of passing this proposal in timing, in relation to passing the new
proposal?
COUNCILMAN PENNY: Probably about two months.
FREDDIE WAXBERGER: In other words, this will happen first, and that one will
follows?
COUNCILMAN PENNY: If that's the way the Town Board chooses.
FREDDIE WAXBERGER: Could I recommend, I think I'm expressing what I heard
here as well, that you hold off passing this one, until you have the new one ready
to be passed, so that there's not a window?
COUNCILMAN PENNY: That's the purpose of this public hearing.
SUPERVISOR HARRIS: Anybody else like to speak?
MARGARET BROWN: Margaret Brown. This is more a question, than a speech.
Could you just remind me, George, you're anticipating putting into the Code as
visual buffer between a residential, and commercial site~. Do you know the height
limit you would put on that, or high requirement that you would put on that,
like ten feet, twelve feet?
COUNCILMAN PENNY: I would say, that we would have to be consistent with
the sideyard requirements, I believe, on commercial property now, it's like six
feet.
MARGARET BROWN: Six feet? Okay, and would that effect properties, that
would be grandfathered, or would that only be the new sites, that would have
a visual buffer.
.' Pg 6 - PH I-L Open Stor.~,
COUNCILMAN PENNY: This will have to be addressed in the Legislative Committee.
The way this old law was drafted is there was no grandfathering whatsoever.
If someone came i0, and objected to seeing something, something which everybody
has a different eye view, or different visual, on what is Obnoxious, and what
is not. Now, somebody might dj-ire by something, and say, boy, that's great.
That's something I want to see out I~ere; '1 love seeing this equipment silting over
there. I know what type of business it is. The next person drives by, and
says, they don't like it. If they came into the Town Hall, the Town of Southold,
just by virtue of the fact What they saw, the Code E. nforcement people would have
to go out, and say to the guy, well, you,ve got to screen it. The law says, you
have to screen it. There's no grandfathering. There's no nothing. So, we're
trying to address that, so that things are not arbitrary, and the standards are
set.
MARGARET BROWN: Okay. I would like to second what Freddie said about holding
off on this particular one until you have it all together, and with the new proposal
that would fit together nicely.
SUPERVISOR HARRIS: Thank you.
to this Local Law? (No response.)
Would anybody else like to speak in reference
I'll declare this public hearing closed.
Judith T. Terry
Southold Town Clerk
r
COUNTY OF SUFFOLk.~
STATE OF NEW YORK as:
Patricia Wood, being .duly sworn, says .that she is th~'
Editor, of THE LONG:ISl..AND TR~.x/r~ ~ ,- ^ T;-' ';,
').,. iL' ;I;'....~'j~.~9: ~).lH.iC.d.,-il ~ '..' . ~, ,,..'
II. This Local Law shall take
upon its filing with the
r of State.
'Overstrike represents~ deletions
Copies of this Local Law are
the Office of the
:SFown Clerk to any mterested
during business hours.
1992.
JUDITH T. TERRY
LD TOWN CLERK
IX-Il '19,'92(29)
Nota Publh.
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State ef New
No. 4806~46
Qualified i,n :S,?0ik County
Commi~im, ~,pires ,~/$1/?~I
LEGAL N O'I'ICI~
· NOTICE OF
PUBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS HEREBY
GIVEN that thcm has bcen presented
to thc Town Board of thc Town of
S~lhold, Suffolk County, New York,
on the 20lb day of October. 1992, a
Local Law entitled, "A Local Law In
Relation lo Open $1oragc".
NOTICE IS FURTIIER GIVEN
that Ihe Town Board of the Town of
$onthold will hold a public hearing
on the aforesaid Local Law at thc
$outhold Town HaB, Maiu Road,
$outhold, N~w York, on the 24th day
of November, 1992, al. 4:$0 P. IH., at
I. Scaion 100-236 (Open Storage)
'--~- ~, :aF~::7 :.'- L'..: :::: '-':: d
IL This Local Law shall tak~ cf£act
J~I DITH T. TERRy
SOUTHOLD TOWN CLEKK
7546-ITN19
STATE OF NEW' ~-oRK)
) SS:
COUNTY OF SUFFOLK]
~( ~i~'~..~ ~0NY..LA~J of Mattituck, in
said County, being duly sworn, says that he/she
is Principal Clerk of THE SIJFIc0LK TIMF.~, a
Weekly Newspaper, published at Mattituck, in
the Town of Southold, County of Suffolk and
State of New York, a~d that the Nolic~ of which
the annexed is a printed copy, has been ~gular-
ly published in said Newspaper once each week
for ~ weeks s~ac. eessiv.ely, commencing on
the Iq,
Principal Clerk
Sworn to before ~ne this
day of ~0 ~19