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HomeMy WebLinkAboutLL-1997 #23 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing (Use this form to file a local taw with the Secretary, of State.) Text o~' law should be _raven as amended. Do not include manet being eliminated and do not use italics or underlining to indicate new matter. t;:~x Southold 'Town of. Local Law No. A local law .....Extending 23 of the year L9..-9--7 the Moratorium on Telecommunication Towers Town Board ]Be it enacted by the Town of the as follows: Section 1 PURPOSE. Wireless communication technology has created the demand for structures on which transmitting and/or receiving antennae are located, creating a proliferation of structures which are not adequately addressed in the town code. On May 13. 1997 the Town Board of the Town of Southold adopted Local Law 7-1997 establishing a one hundred and P,venty day moratorium on approvals or permi[s for telecommunication towers, to enable the Town Board to (]raft appropriate regulations for te!ecommunicauon lowers. During this moratorfum per~od, town officials have met many times and have drafted, a suDstamia~ oar~ of ~e new reguiadons, sent them out for review and comment. ~ addldorml space ~s needed, a~r.a~z pages ~e sum-, size ~ this she;:~, and number and commenced the environmental review process. In order to complete the adoption of the regulations, [he moratorium must be extended for an additional two months. Section 2. EXTENSION OF TEMPORARY MORATORIUM Local Law 7-1997, adopted on May 13, 1997, is hereby extended until November 17, 1997. All the other terms and provisions of that local law shall remain in effect for this period. Section 3. EFFECTIVE DATE. This Local Law shall take effect upon 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.) 23 . 97 hereby certify that the local law annexed hereto, desianated as local law No ................................... et 19 ...... ~ -- / ..... ~:~iaxkTown"~:h.l~ of Southotd ........ was duly passed bv the ~ , o ,. _ - ................................................ -.- ..... 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Oflicer*.) [ hereby certify that the local law annexed kerem, designated as local law No .......................... of the (County)(City)(Town)(V'dlage) of was duty p~$sed by on ............ 19 --, and was 0pproved)(not approved)(repassed after (~r~m~ of. Lzg4d~iv,r Body; disapproval) by the ....................................... and was deemed duty adopted on .............. in accordance with the applicable provisions of law. 3. (Final adoodon by referendum.) t hereby cem£v that the local hw annex~ ~ere~.o, designated as [ocat law No ................................. of 19 ...... of the (~.ounty')(City','-ITown)(Milage) of ............................................................. was duly passed by .................................................. on ................ 19 ....and w~s (approved)(not appmved)(repassed after disapproval) by the .............................................. on- .................. 19 .....Such iocal law was subrmrted to the ~eovie by mason of a (mandatory.)(~oemissive) beferendum, and ~ceived the affirma[ive vote of a majority of the ~u~iifi'ed eiecmrs voting thereon at the (ge.~erai)(speciat)(annuat) election held on ................ I9- .... in accordance with the applicable provisions of !aw. 4. (Subject to permissive referendum and (mai adoption because no valid petition was ~ed requesting referendum.) I hereby certify that the local !aw annexed ~' ' designated as local law No. of i9 ...... . , :zere.o, ............................... of the (County)(City}{Town)('v'iilage) of ......................................................... was duty passed by the · on .................. i9 ..... and was (approved)(not approved)(repassed after aisapproval'~ by the .................................................. on .................. :.9 ....Such local law was subjec: to permissive m(erendum and no vaiid petition requesting such referendum was filed as oi ................. ~9- .... in accordance with the appiica~ie prov'tsmns of law. ~tecrive Chief e_recutive Offk=: means ~r includes ~e chief executive officer ora count7 eiec=ed on a county- wide basis or. if rheim be none. ffae. chairne.,-son of the county, l~.slative body. the mayor of a city. or viiiao_e, or the supervisor of a town where such officer is vest. ed with the pow~,-re approve or veto local laws or ordinance. 5. (City local law concerning Charter revision proposed by petition.) I hereby cerLry that ,he local law annexed hereto, desilmated as local law No .................................. o£ 19 ...... of the City o£ ............................................ havi~g been submitted to referendum pursuant to the vrovisions of section (36)(3'7) of the Municipal Home Rule Law, and having received the affamafive vote of a majority of the qualified electors of such ciqt voting thereon at the (spec;.al)(geneml) election held on .................. 19 .... became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed, hereto, designed as local law No ............................. of t9 .... of the County of -- State of New York, having been submitted to the electors at the General =.Election of November ...... t9 .... , petulant to snbdivisioas 5 and 7 of section 33 of the Municipal Home Rate Law, and having received the affirmative vot~ of a majority of the qualified electors of the cit- ies o£ said county as a unit and a majority of the quaiilSed electom of the towns of said county considered as a unit voting al said general election, became operative. Clf any other authorized tom oft'mol adoption has been [ollowed, please provide an appropriate certification.) I ~rther certify that I have compared the preceding local law wi~ the off,mt on file in this office and that tl~ same is a correct rrsnscript therefrom and o£ the whole of such on.eiaal local h~v, and was finally adopted in the manner in- or o r~..c~ de~tmatecl by !oc:u legislative body Judith t. Terry, Town Cle. k (SeaO Date: September 17, 1997 (Certification to be executed by County. Attorney, Corporation Counsel, Town Attorney, V'dlage A~orney or other authorized attorney of locality.) COLrtqTY OF I, the undersimaed, hereby ~rtify that the fore~oin~ iocal law conlains the correct text and that all proper proceedin~ ~ L.m~r?' L. Dowd~ Tow~ A~orne¥ Thte Southold To~ Dam: September t7, 1997 ALEXANDER F. TREADWELL SECRETARY OF STATE STATE OF NEW YORK DEPARTMENT OF STATE ALBANY NY 12231-0001 September 26, 1997 JUDITH T. TERRY TOWN HALL 53095 MAIN ROAD SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 23, 1997, filed 09/22/97 The above referenced material was received and filed by this office as indicated° Additional local law filing forms will be forwarded upon request. Sincerely, Janice G. Durfee Principal File Clerk Bureau of State Records (518) 474-2755 JGD:ml PUBLIC HEARING SOUTHOLD TOWN BOARD SEPTEMBER 16, t997 8:05 P.M. ON A PROPOSED "LOCAL LAW TELECOMMUNICATION TOWERS". EXTENDING THE MORATORIUM Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laur¥ L. Dowd Absent: Gouncilwo~n Ruth D. Oliva SUPERVISOR COCHRAN: The second hearing this evening Law Extending the Moratorium on Telecommunication Towers", read by Councilwoman Oliva. in on a "Local and it will be COUNCILWOMAN OLIVA: "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 2nd day of September, 1997, a Local Law entitled, "A Local Law in Extending the Moratorium on Telecommunication Towers". Notice is further given that the Town Board of the Town of Southotd will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 16th day of September. 1997, at 8:05 P.M., at which time all interested persons will be heard. This proposed "Local Law Extending the Moratorium on Telecommunication Towers" reads as follows: BE IT ENACTED. by the Town Board of the Town of Southold as follows: Section 1. PURPOSE. Wireless communication technology has created the demand for structures on which transmitting and/or receiving antennae are located, creating a proliferation of structures which are not adequately addressed in the town code. On May 13, 1997 the Town Board of the Town of Southotd adopted Local pg2- PH Law 7-1997 establishing a one hundred and twenty day moratorium on approvals or permits for telecommunication towers, to enable the Town Board draft appropriate regulations for telecommunication towers. During this moratorium period, town offidals have met many times and have drafted a substantial part of the new regulations, sent them out for review and comment, and commenced the environmental review process. In order [o complete the adoption of the regulations, the moratorium must be extended for an additional two months. Section 2. EXTENSION OF TEMPORARY MORATORIUM Local Law %1997, adopted on May 13. 1997. is hereby extended until November 17, 1997. Ail the other terms and provisions of that local taw shall remain in effect for this oeriod. Section 3. EFFECTIVE DATE. This Local Law shall take effect upon filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested person during business hours. Judith T. Terry, Southold Town Clerk." 1 have a copy that there has been an affidavit published in The Suffolk Times, and it has been posted on the Town Clerk's Bulletin Board. We have a letter from the Planning Board Office stating that if the Town Board feels the proposed ordinance can be improved, and, further, that the improvement will not compromise the Town Planning or Zoning Boards in the event of future litigation, then the Planning Board is supportive of an additional extension of time. Cerald Newman has said that a decision of local determination should not be construed as either an approval or a disapproval, and this is from the Director Planning of Suffolk County. We have many letter here asking us to extend the moratorium. SUPERVISOR COCHRAN: Code change, Local Law anyone that would like moratorium? Thank you. You have heard the reading of the in Relation to Extending the Moratorium. Is there to address the Board on the extension of the pg 3 - PH HOWARD PACHMAN, ESQ.: Madam Chairman, members of the Town Board, my name is Howard Pachman, and I must say I had some extensive remarks here, but I decided after listening to the public comments it would fal on deaf ears. But, 'n any event. I find that when I came here, when this original moratorium was to be adopted, and I heard all the sincere statements, that all we need is this period of time to draft a Local Law, and get this thing under control and understand it. and we will act with dispatch. I must say, I must compliment Chairman Moore, and the people who worked on the committee, in the ~.ense that. they did spend time on it. attended several of th~ early meetfngs hoping that could add sorr~ ng. Unfortunately I felt t t was as I was drivin at -. tis an fix time ~ere~ i!l be ih yOUr ~O~ERvIsOR coCHRAN: Thank you, sir. COUNCILMAN TOWNSEND: Mr. Pachman, I'm sorry that you didn,t, b~aUge if you, have[sp.e.cific th. ing. s that you find .objectional in this Code, in the prop°seal legmlat,°n, th s s were we take those into consideration when we conslde~ the laW, HOWARD PACHMAN, ESQ.: I appreciate that, Councilman Townsend, we had initially had written to the Board some criticism, or critique, or suggestions for comments. COUNCILMAN TOWNSEND: At som. e of the Code Committee we brought in, and tried to.. pg ~ - PH HOWARD PACHMAN. ESQ.: I understand. I said that, but as I said, I got to the point where I felt that the direction that this was going was not necessarily conducive to my continued participation, and I even, when I know it was stated for public record, that the mere fact that I was there, it was of no point meant that I acknowledged, receipted, or consented to, .or accepted the proposal. I Wi:l just leave with one last comment, and that Is one bf worse things any speaker can say~ because you don~t know how much longer they are going speak. But, I think maybe it's two comments. One, what you tried to do here with ali sincerity is try to take some shelf regulation ordinances, that were circulated around, or appear in other towns, or read in certain materials that one can buy as to how cellblar towers. I read all that stuff. I am familiar with all a smattering of knowled~ Js like a camel, I end with, a You think you it is not good am um, Thank yQU. SUPERVISOR COCHRAN: Thank you, s'r. Mr. Rusch? JOHN RUSCH: John Rusch, Southold. I think Mr. Pachman's comment, and I am not sure that everybody is aware that he is the attorney for the cellular tower, but his comments that the law is defective is exactly Why ,we need to extend this moratorium, and I would like to thank b6th the Board, and the people in Orient, who have been involved in this, because I live in Southold, and this law is important to the entire town, as are all planning and zoning decisions taken in this room. Thank you SUPERVISOR COCHRAN: Thank you, sir. Is there anyone else, that would ike to address the Southold Town Board? DEBORAH WlNSOR: I am Deb Winsor. I am with the Southold Town Eandmark Preservation Commission. We were just meeting down the haH, and we simply respectfully request an extension of the moratorium, so that we can continue with our research as we all try to build a better camel. There are historic precedents for structures llke this, not only in other communities, but through history. We would llke to give you the best response that we could. We just are respectfully requesting just a little more time. SUPERVISOR COCHRAN: Thank you, Deb. Anyone else like to address ~he Town Board? (No response.) Last chance, otherwise I am going to close the hearing. I am closing the hearing. Southold Town Clerk NO I'ICE OF ~xlen~ng l~ Moratofim on~ ~el~mm~i~on Tow~% ~the To~ ~o~d. Sou~old. 16~ day of S~m~-1997, ~y 13. 1~7 . ~ ontO, duy mo~o~ ou u~mvuJs ar ~' ~doO,. STATE OF NEWYORK) ) SS: {_OUNTY OF SUFFOLK) of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Toxin of Southold, County of Suffolk and State of New York, and that the Not. ice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ~ weeks successively, commencing on the II day Of~ 19~. Principal Clerk Sworn to.re me this. !~ liOTARY PUBLIC, STATE OF NEW YORK NO. 52-~55242, SUFFOLF~ COUN'ff COM~iI$SIOI'~ EXPIRES AUGUST 31, i~ ~