Loading...
HomeMy WebLinkAboutLL-1994 #30 LOCAL LAW NO. 30 , 1994 A Local Law in Relation to Lighting 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 100-31(B)(5)(e) is hereby deleted in its entirety. e-- Strf~i~-ie~-e~terky~ H+~ll~ri~t~ of the s{~t~ sh~+m- H+a~na~ sh~+b ~ sh~ 5~ the v~w- oF aH- 2. Section 100-31{B){5)(f) is hereby changed to 100-21(B){5]{e). 3. Section 100=31(B)(7){e) is hereby deleted in its entirety. Section 100-31{B){8){c) is hereby deleted in its entirety. mr ~k oasdi- H~ s~+k ~-arran~ an~ 5. Section 100-31(B) {8) {d} is hereby changed to 100-31(B)(8){c). 6. Section 100-61(B)(q}{d} is hereby deleted in its entirety. 7. Section 100-61(B){q){e) Js hereby changed to 100-61{B) {q} (d) . 8. Section 100-101(B)(12)(g) is hereby deleted in its entirety. {g~- ~ area E~n~ sh~+F ~ha~ g~ ouedo~- H~n~ sha+k ~ ~ a~ a h~g~ of no~ ~ 9. Sectlon 100-101(B](12)(h] is hereby changed to 100-101{B)(12)(g). 10. Section 100-191{O) is hereby deleted in its entirety. H~n~ ~P ~ areas sha+H caus~g~ on-ad~ II- 11. Sections 100-191(P) and (Q) are hereby Changed to (0) and (P). 12. Section 100-239.5 (Lighting) is hereby added to read as follows: INTENT - This ordinance is adopted pursuant to the Town's police power. This ordinance prohibits excessive light and glare by any use. restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare- A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lightinq fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. B. It is a general principal of the Town that parking lot lights should be turned off or reduced in intensity between 11:30 P.M. and ~:00A.M. C. All freestanding outdoor lighting fixtures shall be limited to a height of no more than fourteen (14) feet above ground level. The fixture shall focus and direct the li9ht as specified in subsection A above. D. Recreational lighting may exceed the above height limit but is subject to the follow!ng standards: All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties. No outdoor recreational facility, public or private, shall be illuminated after 11:00 P.M. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 P.M. · This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents additions Overstrike represents deletions NYS DEPARTMENT OF STATE BUREAU OF STATE RECORDS 152 Washington Avenue Albany, NY 12231-0001 DATE: 1/26/95 HUNICIPALITY +~ To~ of Southold LOCAL LAI~(S) NO. YEAR I FILING DATE 30 & 31 1994 I 1/3/95 Local Law Acknowledgment JUDITH T TERRY TOWN OF SOUTHOLD TOkrN HALL 53095 ~iAIN ROAD [_ SOUTHO~D NY 1197 1 DOS-236 (Rev. 6/90) _1 The above-referenced material was received and filed by this office as indicated. 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 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amenced. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. . × o f _ _ L _S_ o. _t_ .h_ o_ _ ....................................................................... Town Local Law No .... _3._0 .............................. of the year 19-?-~-- A ~oc, l law --_i-n-__-R--e-!.a3_!_°_P___t_9._~Lg_.h__tj_n__g_ ....................................................................... Town Board Be it enacted by the ..................................... : ................................................... of the ~i~ ^i- Southold Town ut .......................................................................................... as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1. Section 100-31[B) (5) (e) is hereby deleted in its entirety. e= Svzffi-eierrt-ex~er}o~ H~rninatknw of the sPee-sha~F b~ veq~red-~ ~o~d~ con~e~ a n~ Hq~na~ sha+F ~-sh~ F~he v~-o~ afl- Section ~00=B~ (B) (B) (f) ~s Nereby c~n~d to ~00-2~(B){B)(e). Sect~o~ ~00-B~(~)(?)(e) ~s Nereby deleted sh~ F~he v~w-oF sure~ res~n~ ~.- Section 100-31(B)(8)(c) is hereby deleted in its entirety. sh~ ~ eH~he 9+~ oF H~ ~war~ near~ Section 100-31(B) (8) (d) is hereby changed to 100-31(B)(8)(c). (If additional space is needed, attach pages the samo size as this sheet, and number each.) 'DOS-~9 (P.¢v. 7,90 (1) Local Law No. 30 - 1994 Page 2 6. Section 100-61(B) (4) (d) is hereby deleted in its entirety. No- H~ sh~+l- creat-e a ¢j+~re on-ad~kn~9- property-.- 7. Section 100-61(B) (4) (e) is hereby changed to 100-61(B) (~) (d) . 8. Section 100-101(B)(12)(g) is hereby deleted in its entirety. ~e ~he f~n~ one-~hf~ (~3) oF ~he ~ de~.- outdoor- H~n~ shelf ~- ~ ~ ~ hefgh~ oF not ~ 9. Section 100-101(B)(12)(h) is hereby changed to 100-101(B)(12)(g). 10. Section 100-191(O) is hereby deleted in its entirety. 11. Sections 100-191(P) and (Q) are hereby changed to (O) and (P). 12. Section 100-239.5 (Lighting) is hereby added to read as follows: INTENT This ordinance is adopted pursuant to the Town's police power. This ordinance prohibits excessive light and glare by any use, restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. B. It is a general principal of the Town that parking lot lights should be turned off or reduced in intensity between 11:30 P.M. and 4:00 A.M. C. All freestanding outdoor Fighting fixtures shall be limited to a height of no more than fourteen (14) feet above 9round level. The fixture shall focus and direct the light as specified in subsection A above. Loca'l Law No. 30 - 1994 Page 3 II. D. Recreational lighting may exceed the above height limit but is subject to the following standards: All intensive recreational lighting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties. No outdoor recreational facility, public or' private, shall be illuminated after 11:00 P.M. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination prior to 11:00 P.M. 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 st~Ike out that which is not applicable.) 1!. (Final adoption by local legislative body only.) Iihereby certify that the local law annexed hereto, designated as local law No .... _3.0_ .............................of 19--9--q-- .... ........ ............................ ...... .was duly passed by the .... ~ .... ~---2--'- ................................ on ---'-----'- ......... 19 ..... in accordance with the applicable provis'ions of law. ~Name of LegiMati~e Body) 2~ (Passage by local legislative body with approval, no disapproval or repassage after.disapproval by the Elective Chief Executive Officer*.) I ihereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... o5[ the (Count~)(City)(Town)(Village) of ---~ ...................... ~ ...................................... was duly passed by the ............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after f~arne of.Leg~dative Body~ disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... , (Elective Chief Ex¢c*ttlve Officer*) ia 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 I9--L.. o~ the.(County)(City)(Town)(Village) of ................................................................. was duly passed by the -~ ................................................. on .................. 19 .... , and was (approved)(not approved)(repassed after (~qarne of LegiMati*,e Body) d!sapproval) by the ................................................. on ................... 19 ..... Such local law was submitted (Elective Chlef Execudve Offer*) 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 (geneml)(spec~al)(annual) elect~on held on .................. 19---- , xn 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 b~me of LegL~lative Body) disapproval) by the .................................................. on .................. 19 .... Such local law was subject to (Elective Chief Executlve O/liter*} 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- ~lde basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or lhe supervisor of a town where such officer is vested with tl;e 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, designhted as local law No .................................... of 19 ...... of the City of ....................... having been submitted to referendum pumuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and [laving 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 Charter.~ I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ...... of the County ~f .................................................... 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 affi[mative 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.) I further certify that I have compared the preceding loca~ laxv 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 .... _1 ....... , above. Clerk of tl~ou'nty legislative body, City, Town or Village Clefi~ or office~ ~l'esignated by local legislative body ~ Juditlq T. Terry, Town Clerk (Seal) Date: December 29, 1994 (Certification to be executed by County. Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW ~U FFO LK COUNTY OF I, the undersigned, hereby certify that the foregoing locat law contains the c~on~e~te~ and that all proper proceedings have been had or taken for the enactment of the local la,~ annexed hereto. Signature , Laury L.Dowd, Town Attorney Title Cxilcx of Southold Town Date: December 29, 199q (3) IN THE MATTER OF THE PUBLIC HEARING SOUTHOLD TOWN BOARD DECEMBER 27, 1994 5:05 P.M PROPOSED "LOCAL LAW IN RELATION TO LIGHTING". Present: Supervisor Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie Councilwoman Ruth D. Ollva Councilman Joseph L. Townsend, Jr- Justice Louisa P. Evans Town Clerk Judith T. Terry Town Attorney Laury L. Dowd SUPERVISOR WICKHAM: We'll move on to the second hearing. 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 13th day of December, 1994, a Local Law entitled, "A Local Law in Relation to Lighting". 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 27th day of December, 1994, at 5.05 P.M., at which time all interested persons will be heard. This proposed "Local Law in Relation to Lighting" reads as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended to read as follows: 1, Section 100-31(B)(5)(e) is hereby deleted in its entirety. 2. Section 100-31(B)(5)(f) is hereby changed to 100-21(B)(5)(e). 3. Section 100-31(B) (7) (e) is hereby deleted in its entirety. Pg.2 - PH LL L..~, .~.~. Section 100-31(B)(8)(c) is hereby deleted in its entirety. A-IF ou~do~--Hg~cing- sh~+F be-arran~d- resk~en~i~H k~,- ~reet<~ or other Ist~bd~¢ F~Hi'c4es.- 5. Section 100-31([3)(8)(d) is hereby changed to 100-31(B)(8)(c). 6. Section 100-Gl (13) (4) (d) is hereby deleted in its entirety. d-.- N~ Hg+rt~- sha~F create a gf~r~ on-ad~ok~i~ prop~-~-tT~- 7. Section 100-61(B) (4) (e) is hereby changed to 100-61(B)(~.)(d). 8. Section 100-101(B) (12) (g) is hereby deleted in its entirety. 9_ Section 100-101(B)(12)(h) is hereby changed to 100-101(B)(12)(g). 10. Section 100-191(O) is hereby deleted in its entirety. 11. Sections 100-1.91(P) and (q) are hereby changed to (0) and (P). ' 12. Section 100-239.5 (Lighting) is hereby added to read as follows: INTENT This ordinance is adopted pursuant to the Town's police power. This ordinance prohibits excessive light and glare by any use. restricts lighting in the middle of the night and sets a maximum height for lights to minimize the potential for glare. A. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lightinq fixtures shall focus and direct the light in such a manner as to contain the li~qht and glare within property boundaries_ B- It is a general principal of the Town that parking lot lights should be turned off or reduced in intensity between 11:30 P-M. and ~:00A.M. Pg.3 - PH LL " f~'~ C. All freestanding outdoor licjhtincj fixtures shall be limited to a hei~lht of no more than fourteen (1¢) feet above ground [evel. The fixture shall focus and direct the licjht as specified in subsection A above. D. Recreational lighting may exceed the above height limit but is subject to the following standards: All intensive recreational li~lhting shall be so located on the property with reference to surrounding properties that it shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties. No outdoor recreational facility, public or private, shall be illuminated after 11:00 P.M. except to conclude a recreational or sporting event or any other similar activity conducted at or in the facility which was in procuress under such illumination prior to 11:00 P-M. II. This Local Law shall take effect upon its filing with the Secretary of State. * Underscore represents additions. *~ Overstrike represents deletions. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: December 13, 1994. Judith T. Terry, Southold Town Clerk." I have proof of publication in The Suffolk Times, The Traveler-Watchman, and on the Town Clerk's Bulletin Board. SUPERVISOR WICKHAM: Thank you, Joe. This public hearing is a second public hearing on the issue of lighting. We had one about a month ago, and there were a number of questions raised about it. The Board went back and revised, amended somewhat the ordinance, and it's the amended version that's up for public hearing today. The amendments are relatively minor, but they are important enough that we have to go to hearing again. One of the changes from the original one indicates a shielding of the light source from view, rather than the filament. We referred to a filament the first time. There are no filaments in a lot of the modern lights that are out there. It also provides explicit exception from the provisions of lighting in the case of lighting of athletic fields at night for athletic events, and a few other relatively minor things. 15 there anyone in the audience, who would like to address the Board on the matter of this hearing regarding lighting? FRANK CARLIN: Frank Carlin. The lighting that is in field in Laurel there, and the lighting that is in Greenport Is there a time limit of eleven o'clock on those lights? our shopping baseball field. SUPERVISOR WlCKHAM.' Yes. COUNCILMAN LIZEWSKI: If there's a game going on they're allowed to keep them on. Pg.~ - PH LL FRANK CARLIN: In other words, it's no good when the game... SUPERVISOR WlCKHAM: If the game is in progress it will continue even beyond eleven o'clock until the game is finished. They don't pull the plug in a middle of a play. FRANK CARLIN: In Southold Town you've got to specify things. SUPERVISOR WlCKHAM: It's written right that way now in this new revision. FRANK CARLIN: How about if you want to fly an American flag all night long with the light on? Eleven o'clock? SUPERVISOR WICKHAM: No, that's perfectly appropriate. That's not only legal, that's appropriate, highly appropriate. FRANK CARLIN: Was that added in there, that nobody can come along, and question that thing? SUPERVISOR WICKHAM: The only cause that, that could be interpreted adversely would be if the light was shining directly into the path of traffic, or on to some neighbor, but a light shining up onto a flag would not provide that kind of interference, and should not be a problem under this Code. FRANK CARLIN: But, it's not part of the new addition to the Code, though. SUPERVISOR WlCKHAM: That's right. There's no reference to it. Thank you. Would anyone else like to address the Board on this hearing regarding lighting, proposed lighting ordinance? GREG PALAST: Greg Palast. As you know, I'm on with the Task Force. I appeared at your first 2,000 hearings on lighting and signage, and my initial reaction, frankly, was maybe back to the drawing board. I've looked at it again, and ask you to think about the following, and maybe this is a step. First, you have removed in the last hearing, without exception, the people who testified, complaining about removal of protective language, which is already in the Code. Not the Task Force, not the Planning Board, nor anyone else asked that the current language that is there be removed, that it be strengthened. I understand what the intent is, which is to, since so much of it is repetitive, and similar, let's consolidate. Consolidation requires caution. Be very cautious of what you are removing. Make sure you're allowing no glare, and (tape change) For example, there was a complaint before about the word glare, what does that mean. In the old Code you can not glare off the property, or light off the property, no illumination. Now, you have light source, an improvement over filament. We will assume, one of the particular complaints with that, that is make sure that light source includes glass globes. I apologize for the fact that the Task Force should have gotten back to you with more additional specific language, but I don't know if that does any good,, but supposedly we will assume and if it is not so, then we've made no progress, and lights source includes that glass globe around most fixtures, and that is what is the Pg.5 - PH IL defusing element which causes the most glare, and most harm. It should not be visible from anyone else~s property. The wisdom of the old language was that to define the problem as infringement on the property of others. This repeats some of that. Let's make sure that, that is what you understand it to be. The second sentence of A is that lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within the property boundaries. Now, why we direct our attention to focusing and 'directing as opposed to shielding, even though we have put it in there before, I would assume the simple rule that light should not be visible from off the property, should not be infringing on properties of others. I would particularly ask whether you can answer these questions. We~ve had some particular complaints about glare, which I believe are illegal under the current Code, but this should nail it. If it doesn't, then back to the drawing board. If it does, then you probably passed the reality test. Benny Orlowski, for example, talked about being blinded by the light at the Handy Pantry coming around the curve there. Does this take care of it? I hope, and believe it does. If it doesn't, ba.ck to the drawing board. If it does, then tell them to put a hood on that thing. Another complaint from Southo[d Taxi about the light. Still even though he's taking one light, especially Jim Grey's, actually it is presently a flag light, even though there's no flag there right now, but it is not directed at a flag. It is directed into Route It8, so that you're hit by a. major sodium light. It's not directed at the pole. It's a problem. If it answers that question, that doesn't say you can't light up his flag that he~s got. It just says it should not be lighting up Route ~tS, and, also, we~ve had particularly complaints about a marina, that people across the water can read newspapers in their homes. Again, it's a question of assuming this will require that the lights be hooded or shielded. If it does that, then you've accomplished something. Two other things, so that's to the point A, which is the core. If youJve accompllsheld those things, if the law allow you to correct those problems, and similar ones, then you've passed the reality test. B, the general principle of turn|rig down parking lot lights, I understand that this becomes a kind of directive to the Planning Board, but it is very odd to place language, this is 12 feet, it is the general principle that parking lot lights should be turned, or reduced in intensity. How does the Building Inspector cite to..do they go somewhere and say, well, we have an intent that reduce or shut off those lights? You may, and I hate to see this delay 'one more time, but may just decide that will say the lights will be off unless a variance is granted, or Special Exception granted. I'm not sure what the general principle does, if you believe in the reality test, that if someone for example, in particular, the Soundview Inn has a parking which almost never has any cars in it, and has sodium lights on there on Route z~8, if those can be turned off, fine. If you find that your Inspectors can't go to them, and say, we have a law, please turn them off. Then you've failed the reality test in accomplishing the bas.cs. Finally, there is something missing, which is in all the hearings. There was endless discussion about turning off lights on signs, and the discussion centered, while almost no one disagreed with the concept, the controversy..the Task Force said, all signs lights should be turned off after business hours. That was the recommendation of the Task Force. The Code Committee had hearings in which people said, we should allow them up to 11:00 o'clock, or we should have no restrictions, but to say that they're allowed to 10:00 o'clock, or to 11:00 o'clock, or, of course, if the business is open that is the latest, or Councilman Townsend proposed, and it was given some Pg.6 - PH LL thought that there be a distinction between the business district business, and outside the business districts. Outside the business, that we return to more rural, and put the lights off, as many, many towns have. That's missing. Again, no one disagrees with it, there is a lot of fight back and forth over how restrictive it should or · shouldn't be. Most businesses adhered to that rule, turning off their lights after business hours, or had a timer to turn it off some time. Unfortunately, we just started llke a new thing in this town, that where this has, for some people are violating that, and that begins a trend. Maybe we can n~p it in the bud before we run away with it. Yes, the Task Force is the restrictive presentation. They disagree, but I hate to see it lost if you can't figure out where to make a policy distinction, and maybe because it's separate you can draft that 'separately. So, those are the points. I hope that you feel comfortable with those comments. Thank you. SUPERVISOR WICKHAM: Thank you, Greg. Yes, sir, Mr. Carlin? FRANK CARLIN: You know in World War II, I can remember that they had a rule where you blacked out half of your headlights of the globe. Maybe we should do that, too, to satisfy the Task Force Committee here, or maybe you should go around the town with candles. How about the A~,P shopping center? You put the lights out there at 11:00 o'clock, that's a parking lot. Thatfs a parking field. Technically that's a parking field. How about the parking field behind the North Fork Bank in Mattituck? That's a parking field. What happens if those lights are out, and somebody comes out of that movies in Mattituck, comes out of that movies in the wintertime, and slips on the ice, and says, there was no lighting there, I d|dn~t see the ice, or hole? Who's liable for it? SUPERVISOR WlCKHAM: I don't know, Mr. CarlJn, but why don't you address your comments to the proposed Local Law? FRANK CARLIN: I~m addressing it to lighting. That's what it's all about. Lighting is what you asked for, lighting, comments on lighting. That's what I'm telling you. Ifm asking you a question now, Tom, answer it. Don't bounce around me. Give me the answer I want. SUPERVISOR WlCKHAM: What's the question? FRANK CARLIN: Again, I repeat, what happens if the light goes out in the A&P shopping center, or any shopping center, could be King Kullen, could be anywhere? In the wintertime, for example, if somebody comes out of the movies past 11:00 o'clock, and they fall on the ice? They say, I didn't see anything there, we had no light. Who's liable for that? SUPERVISOR WICKHAM: I don~t know who would be liable, but what I do know is that this proposed Local Law does not obligate A&P, or any other place to shut off their lights. FRANK CARLIN: It's a parking lot though, isn't it? SUPERVISOR WICKHAM: The legislation, that is before us, does not require those light to be shut off late at night. Pg.7 - PH LL FRANK CARLIN: Define what you're talking about. You just said parking lot. To me, that's a parking lot. Where cars are parked it's a parking lot. Define yourself, Tom. SUPERVISOR WlCKHAM: I will define myself by reading the proposed Local Law. B. It is a general principal of the Town that parking lot lights should be turned off or reduced in intensity between 11:30 P.M. and ti:00 A.M. It is not a requirement that they be shut off, and itEs only a general principle. It is not a prescription. FRANK CARLIN: And it's not going to be a specific law? SUPERVISOR WICKHAM: That's right. IrEs not a specific law, that requires you shut it off. FRANK CARLIN: The way it should. SUPERVISOR WICKHAM: Reduced in intensity, or turned Off. FRANK CARLIN: But not shut off? SUPERVISOR WICKHAM: Yes, they may be left on. Would anyone else on the Board like to reply? COUNCILWOMAN HUSSIE: I would like to reply to Mr. Carlin. The question of safety that you bring up is one that we had thought of, and that is the reason we did not require that. We would like it, if it's not necessary to have those lights on, we would like people to turn them off, but if it is a matter of safety, which they decide, then they could keep them on, or perhaps reduce it just a little bit. That's why it's in that way. FRANK CARLIN: crime. If you did put the lights out, that would increase the COUNCILWOMAN HUSSIE: That's part of the safety issue. FRANK CARLIN: But they're not required to be put off? SUPERVISOR WICKHAM: That's correct. It is not requiring them to be put off. Would anyone else like to address the Board on this matter of public hearing? Mr. Jens? FRED JENS: Fred Jens, Mattituck. I only have one suggestion, not a problem. I think you did a great job with this. There's a little hairy point in there with the infringement on the person~s property. My neighbor's house light could be considered an infringement. I think it needs a little..the average development your light shines on a neighbor's property. Just a thought. SUPERVISOR WICKHAM: Thank you, Fred. Anyone else like to address the Board on this public hearing regarding lighting? (No response.) If not, I'll turn to the Board. There many be Board members who would like to make some comments? Pg.8 - PH LL COUNCILMAN LIZEWSKI: in regard to the Task Force, and all the work that they did, I think this Board, even though it has a different personality on it, really has worked hard to try to take the comments of the buslness community, the Task Force, and basically everybody in mind. I don't think that this Board is going to w~-ite the ex, act law, that the Task Force has proposed on any occasion, if. it feels that it doesn't suit the communlty in the manner they feel it does. I think it's compromised itself .in a lot of situations to try to please as man,/ people as they can, and still protect the community. I don~t expect to see..and I have to tell you that I give this Board a lot of credit for taking things verbatlm from the Task Force, because thatfs not what they were elected for.. They were elected to stand for the entire Town as they felt it needed, and as they felt a feeling for this town. We had a lot of people come in on these hearlngs, and I know, Creg, you feel that a lot of things that you've proposed should be exactly the way you proposed them, but I think as elected, officials they've done a good job in presenting a law, that meets as many of the problems in the community as they see, and they feel, because theyfve been here for awhile, and that's why they're up here presenting thelr side of what they think the public needs. SUPERVISOR WlCKHAM.: Thank you, Joe. Anyone else on the Board who would llke to make a comment? (No response.) I~d like to say, that some of the concerns about lighting of signs are covered in the Sign Ordinance~ but not in the Lighting Ordinance. I'd also like to say that I think we're in for a period of learning, if we adopt this new ordinance. There will be 'a period of learning, and a period of finding out exactly how to deal with signs. Owners of lights will put shielding over them in certain ways. There will be a interim process. I don't believe that right away everything is going to be in total compliance. I do think that the people of the town will try to comply, and gradually we'll have a more attractive town as a result. There may be some further modifications we'll have to do to this ordinance, but I hope we can move ahead with it in more or less this form. Now, we prepared for the third hearing of the afternoon. Southold Town Clerk NOTICE IS HEREBY / '~"::~eby changed to ~00-' R~fo~ Counb', NeW Yo~ ;lel,~e,I m a~ epfin'ly STATE OF NEW YOR~K) .~) SS: COUNTY OF SUFFO[~K- ) o,..,.tack, in said Coun~r, being, duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mardtuck, 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 regularly published in said Newspaper once each week for ~ weeks ccesslvel , comme c on the ~-~- day of CHRISTINA VOUNSgl Notary Public, S~am of N~w Yo~k Priaclpa] No. 5004884 Qu~,ified in Suffolk CounW Commission Exp~reA November 2~ NOt~ PnbUc Sworn torl~.fore me da, o, COUNTY OF SUFFOtK STATE OF NEYV \'©RK ss: Tim Kelly, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a I)L~blic newspaper printed at 5outhold, in Suf- folk County: and that the notice of which the annexed is a printed copy, has been published i?, said T~ m ,~:le~-% atchman once each week for (~e~ 6rinei ' ~ at. arvn ............................................... ~ .................... weeks SL es ' ' , ' - " ~ ":,~nsi~betw~ CC s~e ~, commencing on the .................... ' ,~ ~ . ~',~'~ ' :0 A.M. day of .. '~~ 1 o ~.:~Stan~n~ ~.,¢el Ir, Ih,~ _f, fda: ag shill be {~urrolJndl£, ,. ~ ffshallber&: ': ~l le ~ltb thee~ . .'. . ?operne~. [0 xr.,j :-,',~' !,hr;n .; Da-' ;~fi4 T. FERJ-,Y '-' ,_-i.ERi~ !X.I." _'_' oj , NOTICE OF PUBLIC HEARING ON LOCAL LAW ~'h.*.~ b~..n pre~.med to th~ To-~n '.~lJl'lbJk (~OlJli:',. \c~.; Yol'k. on ~itlT%. t 3th day' o~f' Deccmbcr~ ;. 199~.a ,~ocal Law entttled, A ~.Loeal Law in Relation to ~I)ighting .... ; . ,, ~:;: "~OT[GE IS FURTHER L'~.G;i~EN 'that the ~oTM ~Board Ofthe To Of'S&thnld ~h_~.:iho d a .publi~.hearingon the 'aforesaid Local Law ~.~ ~.Soclhold Iot~n Ilall. \hail. :' I*,u~.'.d. Souill(,qd. N,.'~', Yorl,.nll e 2-1 d v 'Decen )er, 5;0~:p;M;, at Which : time ail interested persons will ~beheard. ~ :' , ' . ~ This p[(~posed Loea!.Law .in Relatiol~ to Li~hling"reads as £ollows:: BE IT ENACTED by the Town Boa~d of the Town of Southold ~ follows: ' ~. L Chapter I00 (Zoning) of the Code of the Town of 'Sou hola i/hcl.2bv ,irfl,,i:dc,1 t ]. Secdqn J00- (5) (e) is hereby ~leted in its-entirety. ,l.~-" ~.e,~ ,i i; rru.~le-c On vel..~e:! c e aHd~'.-.l~4~-. A41 -,l~'~; ' ;fiop-k,t LI-'.~e qhielded Imm 2. Sectton 0o-3 l(B) (5)(0 [~'is hereby.: changed to 100- ia~tB)(5)(e).' : · . · !.{~ i:'¢rclw del~t0d i5 it~ntim~-'. ,.... h ie~ de[Mi'om-'.h e-~ le~-o ~ ~.'-"- :. -I..%ethan "· .A:'2)ll O~L'.l,'io'r ]il;lilil~ ~ shall I)u hJliehlcd ~o !ha! t/Ir ~ light source is not ~'isible fro_m adiji_cent p.r._opertie~ roadways. Li~htia~ fixtures · shall ~f?cus anti direct the ~ ~tth~ oronertv boundaries. ~: B. ~[1~ ls a 5ener, al "ul'lhe-T;;~u Ill}~ parlimpJ!h~t li,21qs sllonld be tnrncd nH'hr ~.~ reduced iii intensi!.x_l*elwecn isher~bydeletedin its entirety. '; 11:31) I).%1. anll 4:110 [.1,1. ~ d N~i.:hts-h~g-c~.'ea'e ~: ~k~ CJ'3211 freesta~ndine~ut- .:..;!areon=d~::=!::;?.:.7:~,. ,' r?'doOrli~htio~rLxfhres~hal be ~ 7. Section 100-6hB)t4}le~ ~, limtted,toahemhtofnomore ~Tis hereby. ¢tfanged. to i0'0- "3' II)an fmlrleen Il-l) leel ahove 100- 0, i(l , ' T,te .~ shall ruens anti (I.i_recl lire ~ (g) is hereby dcloted in its en2 ~..hrg~;~ as sneeitied in subset- } tirety.. ' ~'tion A above. ~ ~=; .......... ~ "~"'~'~ D..Recrcationul ligllling ', ....... -' r~r.~ ........... liniil )tt '~ snl)LeeJ It) the Iill- be-r.-~-_" Bicte,~ iO ~l.'.e Ihap ~:'::'.2~11 I I~ I I~o. iq~*~ I 9. Section 100- 101(B)(12)(h) is h~eby , changed to I0~101 ~)(12)~)." 10:Secfio~100-19t ~O) is . ~ther~by deleted'~ i~'~ti~W. ' ~:cqu'col~ ilhm,iv::~c~ fol'cm~. ~" ca'~-e ~-q-,~ ddjui~h.~:Ol> (Q) ~e hereby c~nged to (01 ¢). . :. .. (Ll~tmg) is ~tereby added ~ r read ~ [oHo~ s: nunce i~ mbuited pin'MlahJ the 'l:n~n'~ indict "~ u-dinajeepruhihil2ex- cu~jvu liehl and gJarc_b~' ~n~ ~use restrJe~i htJno in ~ the nj ~j~a ma~mum height rot fights ~,to minJm~e the ootentJal ror ¢'dare ,rljt.~ c%ceeil Ihe ab.uve hciulll - Iovdng standards: I. All intensive recre- ational lighting shall be so ;ill(I cl(fllpUlil')le willp Ihe isling al:_l)oleniiul use .ol_' nci~lthori,~ lU'li[I.e ri i(.% 2 % ' reerealiuna/ I'_a¢ilil~. @uhlie ur pr. ivaiu. :shull Ile illunliualedjirier ~l I :(10 1).\1. eonchl(le Ill a_reereutional ur SlU)rlin~ ~'event, or any other similar ~,aefi~d~' conducted at or in the )'acLli~' ~ Idch was in ~l, nder ~,,eh illumination ~'prior lu I hill! P.M. ~. ~ D~derscore represents act~ ~ *~0¢erslfike represents d~ 1994. CLERK 1X--I2r22/94