HomeMy WebLinkAboutLL #01 2017 STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA ANDREW M.CUOMO
99 WASHINGTON AVENUE
GOVERNOR
V
AL9ANY,NY 12231-0001 ROSSANA ROSADO
WVVW.DOS.NY.GOV SECRETARY OF STATE
February 17, 2017
Lynda M Rudder . RECEIVED
Deputy Town Clerk
Town Hall, 53095 Main Road F88 2 3 2017
Southold NY 11971
Southold Town Clerk
-RE: Town of Southold, Local Law 12017, filed on February 17, 2017
Dear Sir/Madam:
The above referenced material was filed by this office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely,
State Records and Law Bureau
(518) 473-2492
"
NEW YORK Department
1 OPPORTUNITY_ '
of State
SOUTHOLD TOWN BOARD
PUBLIC HEARING
January 17, 2017
7:31 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman Bob Ghosio, Jr.
Town Clerk Elizabeth A. Neville
Town Attorney Bill Duffy
Absent: Councilman James Dinizio, Jr.
This hearing was opened at 7:57 PM
COUNCILMAN GHOSIO: 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
December, 2016, a Local Law entitled "A Local Law in relation to Amendments to Chapter
100, Buildinl4s, Unsafe; Property Maintenance, in connection with Dumpsters." and
NOTICE IS HEREBY 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, 53095 Main Road,
Southold,New York, on the 17th day of January, 2017 at 7:31 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100
Buildings, Unsafe; Property Maintenance, in connection with Dumpsters" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100, Buildings,
Unsafe; Property Maintenance, in connection with Dumpsters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 100-3. Definitions.
DUMPSTER- A litter storage and collection container of one cubic yard or greater in capacity,
which is mechanically emptied or removed.
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 2
§ 100-4 Standards.
A. Property maintenance.
(1) Surface and subsurface water shall be adequately drained to protect buildings and
structures, to prevent damage to adjacent property and to prevent the development
of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures
erected for recreational use shall be maintained so as to avoid the stagnation of the
water therein.
(2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds
and trees do not become overgrown and unsightly so as to constitute an unsafe
condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees
create an impediment to emergency and/or fire rescue vehicle access.
(3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or
buildings on the premises, or in an acceptable enclosed container, and shall be
regularly collected and removed from the premises.
(4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent
access by the public.
(5) Junked or unregistered vehicles may not be located or stored in open view but
shall be stored in a suitable location inside a building or behind a fence outside of
public view.
(6) Exterior facades shall at all times be kept free of graffiti or other defacement.
B. Dumpsters
(1) No dumpster shall be permitted in the front yard or side yard of a property used
for a residential use for more than thirty Q 0) days, unless the property benefits
from an open and valid building,permit. If the property benefits from an open
and valid building permit said dj=ster may remain in the front yard or side yard
until either the building permit expires or a certificate of occupancy and/or
compliance is issued for the work described in the permit, whichever occurs first.
Thereafter, the dj=ster must be removed.
(2) Dumpsters shall be permitted in the reararmed of properties engaged in a
residential use provided they meet the following criteria:
a) The dumpsters shall comply with all setbacks for accessory structures for
the zoning district in which the property is located.
b) All dumpsters shall be fully enclosed by a stockade fence or other similar
enclosure of not more than six feet in height.
C) A dumpster in a residential district shall have a cover which shall cover
the dumpster when it is not in active use.
(3) Dumpsters shall be promptly removed or emptied when they are full.
(4) It shall be unlawful for any person to store deposit, place, maintain or cause or
T permit to be stored deposited placed or maintained any dumpster upon any
portion of any street lane sidewalk roadway or highway located within the
corporate limits of the Town.
(5) Exceptions.
a) Properties used for bonafide agricultural production shall not be subject to
this provision.
b) Condominium complexes apartment complexes and other residential uses
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 3
subject to site plan approval shall not be subject to the provisions of this
section.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
I do have a signed affidavit that this has been advertised by the Town Clerk as well as a copy of
the ad from the Suffolk Times. That's it.
SUPERVISOR RUSSELL: Okay, I am going to ask anybody that would like to address the
Town Board to please feel free?
LAWRENCE BLESSINGER, JR.: Lawrence Blessinger, Jr., Mattituck. I just have a few
questions here. In regards to this, if I can't have a dumpster on my property, what exactly am I
supposed to do?
SUPERVISOR RUSSELL: To handle your refuse?
MR. BLESSINGER: Yes.
SUPERVISOR RUSSELL: That would have to be a decision you would need to make. Most
people rely on totes or private pickup. I can't solve that problem on what you want to do with
your own refuse.
MR. BLESSINGER: Okay. So if I can't have a dumpster on my property or shall I say a
container for the right terminology, I would have to bring my garbage to the Main Road, shall we
say and then have a private sanitation company pick it up, is that correct?
SUPERVISOR RUSSELL: Or you can bring it yourself.
MR. BLESSINGER: Okay. Don't we think that we are putting a big burden on the residents?
Especially people's houses who are on the Mattituck Inlet and they would have quite a distance
of walking their garbage up to the main road and then having a strenuous effort, especially on the
older population, to lug their garbage all the way up when people have had containers on their
property for years and never had to deal with this?
SUPERVISOR RUSSELL: First, the idea of containers on properties, dumpsters on properties
has been growing for years because people use it as an end run around the yellow bag law.
Which people need to understand is a real misnomer. Residents are required to use yellow bags
whether they have a dumpster on their property or not. They are required to recycle, they are
J
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 4
required to set the recycling out in a container that needs to be picked up by a separate vehicle.
Not the vehicle that picks up the refuse. One of the problems that we have is that we are getting
a tremendous amount of complaints. We actually, if you look at the code, there are several
aspects of the code that restricts what you can do in your front yard for a reason. We looked at
this, we have been getting complaints for a couple of years, we looked at the merits of the
complaints and we decided at the end of the day that dumpsters didn't belong in the front yard.
MR. BLESSINGER: Okay. What about the residents who have say waterfront property on the
inlet in Mattituck who have to go down a private road where they really don't have an access to
put a dumpster in the backyard because the backyard would be the Mattituck inlet basically.
SUPERVISOR RUSSELL: If the carting company can get their truck down now to pick up the
dumpster, they can certainly get down to pick up refuse curbside that is in front of the house.
MR. BLESSINGER: Okay. Okay, that's it for now. Thank you very much.
SUPERVISOR RUSSELL: Please. What I need is for you to go to the microphone.
DARREN AQUINO: Darren Aquino, Advocate for Disabled Americans. I have a concern for
Mr. Blessinger, as an advocate for the disabled in the country, this has been a practice for
decades. My concern is the disabled community. If they have been having this convenience,
this demonstrates a burden to them. Being it's government, it now becomes a title II violation
against the person or the individual with the disability who has been practicing this for decades.
So what would you do to remove that violation practice and allow them to continue what they
have been doing for decades? Because that presents a problem for me and those that call me for
assistance? That's a problem. because as you know, let's take an example, we have a veteran
with no legs who served this country to protect all of us, who has the convenience to walk out his
door and put it in that dumpster. We are going to now tell him he has to walk this distance? Can
we do that? Under the law, under the Americans with Disabilities Act, under property rights, we
can't. So I am presenting this to you for your awareness and consideration of your residents. As
this body of government is to protect and uphold their rights, it is important to me and to you, I
am sure. We didn't all start out as elected officials. We are just private citizens wanting a better
life and the promise, my concern for decades, I have been doing this for three decades, I don't
get paid for this job. I do this because my family has served this country five generations that I
know of, and it's a service I have been providing to all disabled Americans, so it's really
important that this body of government knows that you will be placing a hindrance and that it
goes to another level. We have to seek intervention by a higher court because that disability, that
burden that's placed on that individual. Man or woman, it doesn't matter. The thing is in
question is the warrant and the accommodation that title I1 presents and this body of government
must consider that. So that's pretty much it. And if then there is any kind of other burden, such
as a financial cost to a certain bag, that's also not allowed by title II to the person with the
disability. So if I could help you in reconstructing that, I would. It's our duty to government of
all of us. But I would have to say nay to this program that you want to present to the disabled
community out here. I would have to oppose it. With the understanding of that limitation.
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 5
SUPERVISOR RUSSELL: Can I just get a clarification. I can appreciate the struggle to get the
refuse out but how is getting it out to say a 55 gallon tote more of an encumbrance of getting it
out to a dumpster. It still has to leave the house and it still has to go into a container.
MR. AQUINO: Right. But now you are...
SUPERVISOR RUSSELL: You are talking about the size of the container.
MR. AQUINO: But now you want them to walk a certain distance to go to the front of the
property because the dumpster, if I am outside my door and my particular dumpster, when you
do this, you have to look at the most reasonable accommodation for all of them, you know, the
one that is most convenient for that individual because that would be the challenge. So if his
dumpster is outside the door and you want him to walk say a block and a half further and he has
got no legs, that's a problem. From his convenience to right here to now I have to pack it up and
go there, and put it out to the side to appease the town, can't do that. Because why? Because the
practice for decades has been this. Now you want me to change because you decided to do this
and now you want to inconvenience me? It was John Doe who went and served his country, was
normal, came back lost his limbs. We have got to be mindful of that. A lot of people are not
mindful of the ADA. Why we have so many lawsuits instead of making accommodations, it's a
lot easier to accommodate and facilitate the warranted need than take it to another level and then
we got all kinds of people coming out, for class action lawsuits, and the only people that prosper
there are the lawyers, you know? And that ain't right, so that's why I do what I do. To come
out, to be the balance between the two and make you mindful of this problem, even if it's one
individual. The town must acknowledge him. The government entity has a responsibility to
uphold that right. This was argued and debated and I met with Justice Sotomayor and we had
this great discussion of the ADA and it's important that we are mindful of that. even if it's one,
because everybody is entitled to that accommodation because they didn't choose to be disabled,
so I am asking this Board to reconsider that and be mindful of that or maybe present another
proposal that encompasses that and accommodates. That is something I would be ready to help
with you and do.
SUPERVISOR RUSSELL: Basically what your proposal would be to basically carve out an
allowance for those circumstances.
MR. AQUINO: Absolutely. You have to do that.
SUPERVISOR RUSSELL: Okay.
MR. AQUINO: It would be good government, being mindful of special needs.
SUPERVISOR RUSSELL: Sure. The one other thing I did want to point out is the financial
burden. People are required to put their garbage in yellow bags whether they are using a
dumpster or not. That financial burden for that user fee has been in place since 1994. That's
never been challenged by anybody. In fact, it's been upheld by the courts. But regarding the
other issue, fair point. Fair point.
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 6
MR. AQUINO: But let me ask you a question, are those bags coming from government.
SUPERVISOR RUSSELL: Yes, they are user fee based.
MR. AQUINO: That could be a conflict with the ADA with respect to charging a disabled
individual to accomplish your goal, it's not supposed to pay the additional entitled fee. To
provide that service, to buy this bag, if they are using the dumpster, canister whatever it wants to
be the name, if they used another method, now they are being presented, well, you have got to
buy this bag, that presents a problem because it deviates from their regular practice. I am saying
that anything that deviates from what is the status quo, from what they have been doing for
decades and if they have been doing it for decades, it would be argued in district court. I don't
think it would even have to go to the supreme court because you changed it and the person
limited is being also charged and also being hindered with the burdens of jockeying it all up
there, so the problem that the court would see, as I would see and as you agree, the limitation.
The main thing is the limitation of the individual and with regard to the notice, notices going out,
I am preparing an argument now. The notice is public, it's not mindful of those that need to read
in braille. So everyone wasn't notified. Just for the record. The blind individual has a right to
have this notice and the public notices, and they do this with class action notices too and I just
made an issue to the supreme court in a note. That's a problem because every individual is
entitled to fair and equal treatment and proper title II, effective communication. Effectively, this
wasn't communicated to members with certain disabilities that limited them and didn't give them
the opportunity to be here. That's why I am here but still, they are entitled to have their
independent. So that's also something, Mr. Supervisor, you would like to know in (inaudible)
SUPERVISOR RUSSELL: Sure.
MR. AQUINO: Somebody visually impaired has a right to know.
SUPERVISOR RUSSELL: Sure. That's a fair point. Getting back to the earlier point with
regard, the bags, the money we collect for the bags is directly used for the carting the garbage out
of town. It's a user fee, it's not a revenue generator.
MR. AQUINO: Is it a new fee?
SUPERVISOR RUSSELL: No, it's been in place since 1994. It's not new and if people haven't
been paying it and all of a sudden they are required to, know that they have been required to for
over two decades and they haven't been complying with the code and to my knowledge, no law
carves out exceptions and allows someone to not have to pay part of the operation of government
unless they are getting a real property tax exemption from New York State.
MR. AQUINO: Parts of title II does talk about any imposition of fees I think, to an individual
that changes, there you are...
SUPERVISOR RUSSELL: Okay.
MR. AQUINO: (Inaudible) statutes of law of the ADA, part 35 and 36 and that was 1998.
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 7
SUPERVISOR RUSSELL: New fees. That's new fees, right?
MR. AQUINO: New fees. But again, we go back to notification. If they weren't notified and
the town wasn't aware because I know, government gets caught up with notification (inaudible)
and the ADA says you can't ask (inaudible) There's a duty of this body of government to
communicate effectively and that's the body of government where sometimes an advocate like
me comes in handy and you say, excuse me Mr. Aquino, we need an idea and I am available to
you for that idea. That's why I gave you that card. Okay?
SUPERVISOR RUSSELL: Very good. Thank you.
COUNCILWOMAN DOHERTY: Scott, do you want to explain why we have yellow bags
because it was the DEC?
SUPERVISOR RUSSELL: Well, that's an issue. The gentleman said that that's a subject to
challenge too. The yellow bags were adopted by the Town and submitted to the NYS DEC
which required town's to put a solid waste management plan in place. Southold opted for the
pay as you go program. But you have raised some very good points and certainly worth
considering. Thank you.
MR. AQUINO: Thank you, Mr. Supervisor.
SUPERVISOR RUSSELL: Who else would like to address the Town Board?
CHRIS KELLY: Good evening, Supervisor Russell and Town Board. My name is Chris Kelly
and I am a Mattituck resident. I took, I guess I just want a little bit of clarification regarding the
dumpster law because I've had a one yard dumpster in my backyard for the last 15 years. And I
note that you talk about setbacks now, what kind of setbacks am I looking at?
SUPERVISOR RUSSELL: Bill, can I defer to you?
TOWN ATTORNEY DUFFY: It is set by zoning district, so you are probably looking at like 10
feet off the side yard...
MR. KELLY: Ten feet of the side of what?
TOWN ATTORNEY DUFFY: From the side of the yard and a certain percentage off the back
of the property, I don't know....
MR. KELLY: Do I have to now submit a site plan or something like this?
SUPERVISOR RUSSELL: No, nothing. You would only be required, basically it would be like
an out building, we don't require a permit, we just assume that you are going to comply with the
code because there are setback issues for out buildings as well. There would be some screening
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 8
requirements and it depends on the zoning district you are in. But largely it would probably be
10 feet off your neighbor's property.
MR. KELLY: Ten feet, give or take. Now what, I see it requires a stockade fence all around?
SUPERVISOR RUSSELL: That would be up to the owner, it just requires screening.
MR. KELLY: I am the owner.
SUPERVISOR RUSSELL: No, I am sorry, then yes, it would be up to you. it does not have to
be stockade, that's something that, it just requires adequate screening and that would be your
choice on how you do that.
MR. KELLY: Adequate screening from who? There are no neighbors that can see this.
SUPERVISOR RUSSELL: That's, the (inaudible)that adjoin yours and Bill, I will let you speak
to that again.
MR. KELLY: Inaudible, you have got a stockade, you have got to go all the way around the
blessed dumpster, it seems obscene to me at this point.
TOWN ATTORNEY DUFFY: It's just the code is going to require stockade fence or similar
screening which could be evergreens or...
MR. KELLY: So you would accept that I have got 15 foot Leyland cypress that go literally to
the closest and then I have got quite a hedge line there too. There is no public view of the
dumpster, period. And for the record, I do have a dump permit and other assorted things with
that, so the Town is definitely getting my money. I just, I needed clarification on that because I
wanted to make sure the carting company is comfortable saying guess what, yeah, this is in his
backyard, they know that.
SUPERVISOR RUSSELL: I assume your property line is screened with cypress? That's, you
know what, bring the details in to me but I will tell you that the Town Board wouldn't be taking
action tonight on the local law because we wait, we take the public input, we evaluate that in,the
context in the law and then we take action in two weeks whether to vote up or down.
MR. KELLY: I will send the Board a follow up email with my address and all of that. Because
I want to be in compliance but I don't want it to be a headache, either. Thank you.
SUPERVISOR RUSSELL: Understood. Thank you. Who else would like to address the Town
Board?
MR. AQUINO: I wanted to say one final thing. One thing finally, just so you are clear, as
information for the Board. The TTD for the mute and the visually impaired notification is very
important which falls under title II effective communication. Those members were not notified
of this meeting and that's a big deal. And a voice that you don't get to hear that excluded them
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 9
from the fundamental right of this practice. So just in the future,just so you know, this is what
prevents problems and class actions. So I always come out to be the mediator or the go-between
to help government be a better government and people be more aware and more participate
which makes good government and a happy community. Thank you.
SUPERVISOR RUSSELL: Sure. Thank you very much. Scott, do you want to go?
SCOTT SCHELIN: Good evening, Scott Schelin, North Fork Sanitation. A lot of the answers I
have received here but I have a few more questions. First I want to say, I have been in business
54 years, most of our employees live in town, they contribute to the local economy. They put
time into local community service. What you had said about complaints that you received about
the dumpsters and I wanted to talk a little about the complaints because I know this has a lot to
do with writing in the code and getting rid of the commercial dumpsters on properties. I was
wondering if a lot of these complaints are dealing with aesthetics or code or both. We talk about
aesthetics, you know somebody might not like the paint on somebody's house, they might not
like something parked in their driveway. I can tell you on a personal note of aesthetics, I live in
a neighborhood down the road, there's a person in my neighborhood, it's a seasonal residence,
they are just out in the summer. They have a boat on a boat trailer with flat tires, it's got a blue
tarp over it that's 3/4 of the way ripped off, blowing in the breeze. And the boat hasn't moved in
two years. Basically what I want to say is, personally, I think that this is more of an eyesore than
a dumpster sitting there. It's not behind a fence, it's bordering the neighbor's property and I
wanted to really feel out a little bit on what these complaints are about. We hear about the
complaints and I am sure they do exist. I know a lot of people have the time and complain. It's
just like anything else, if someone has six or seven cars parked and they have some parked out in
the street, I am sure you get some complaints about that, they don't park in the driveway, the
snowplows come through, everybody suffers. In my neighborhood there's a scenario where
there's seven vehicles and only three can park in the driveway. Three of them were parking on
the grass. You know what it looks like after a muddy day. I mean, it looks a lot worse than a
5x4x3 dumpster. I know it is going to be difficult for us and John and anybody else in town to
deal with anything that might be in the backyard, that might be behind a fence so I was
wondering if there was anything that we can work with? You know, is it going to be on site
complaint, like if it sits there and nobody complains and the neighbors are good with it or is it
going to be definitive, it's going to have to be fenced in, arborvitae around it or somewhere not
seen in a garage or somewhere else along that line? I know we are not going to get away with all
the dumpsters, you know, we do have a lot of commercial businesses and for people to survive
out here, it's tough. I mean, I can't park 13 garbage trucks and 300 dumpsters on my property.
We own six acres, however, there's a lot of self-employed people around here that work the
trade. They might have one service vehicle, two service vehicles for them to get growing as they
grow. They might at some point be able to buy a piece of property or you know, pay that $2,000
in rent however, at this time they have a dumpster at their yard. They unload their truck. They
use their garage for any sort of storage for their business. You know, they get supplies in since
they don't have a shop. They get the cardboard in, they get the plastic, the stuff off of it, they
take it out and put it in the container. So I don't think we are going to see any which way of the
dumpsters totally being gotten rid of. I know on another case, I wondering if this was going to
be in effect for the Village of Greenport?
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 10
SUPERVISOR RUSSELL: I don't believe we have zoning jurisdiction over the Village of
Greenport. We don't control their zoning.
MR. SCHELIN: Okay.
SUPERVISOR RUSSELL: Can I just, I don't want to interrupt.
MR. SCHELIN: No, it's okay.
SUPERVISOR RUSSELL: First, I would agree with you on that boat down the block. Good
example. That boat is not permitted by code, so we do address those issues, aesthetic or
otherwise. There are lots of boats out there, we can't see every one of them but one phone call to
the code enforcement officer would eliminate that problem. Regarding commercial, you are
talking about the houses where people operate like tradesmen out of their own home?
MR. SCHELIN: Absolutely.
SUPERVISOR RUSSELL: Okay, because I was going to say as you know, the commercial
operations, businesses, aren't affected by this. One of the problems with that law and I actually
thought about it and struggled with this because of that but if you read the home occupation law
that was passed I believe in the early 90's, one of the common themes is to make sure that it
eliminated any outward appearance of being a business. There are a lot of requirements in the
code, some are complied with, some aren't but they are all hard-working people. But the whole
purpose of that code was to say it needs to look like a house. So if we are going to create a code
that says no dumpsters in residential properties, unfortunately, they would have to comply at the
very least to meet the spirit of that earlier code.
MR. SCHELIN: And my last question, I was wondering you know, who would be responsible
for enforcement and what actions are going to be taken if a violation occurs? Are we going to
get a letter? How are we going to be notified? Are we going to be immediately fined? Are you
going to work with us to say you know, we are going to go off a homeowner that says he's going
to put a fence up, he's not going to maybe get a fence up in a week. You know, it doesn't come
up.
SUPERVISOR RUSSELL: No. First, the way the town code works, we seek compliance. We'll
send letters, we will give him a phone call. We will remind him what the code is. we are not
going to be assertive going out there, measuring fences and all those things. Usually when we
pass code, people always talk about how are you going to enforce it. Well, you know, there's a
bit of a cynical view because we get substantial compliance from most of the public when we
adopt code.
MR. SCHELIN: Okay and I just wanted to end and say, as a business owner in the last year, it's
been difficult to navigate I want to call it the gray area of town code, of what we are dealing
with. I just hope whatever the outcome is tonight of this hearing, there's better clarification than
in the past and it works for everybody. Thank you.
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 11
SUPERVISOR RUSSELL: Thank you, Scott. Who else would like to address the Town Board?
Anybody? John?
JOHN DIVELLO: John DiVello, Peconic Recycling and Mattituck Environmental. You did
good work on the changes you made to the code. To go with what the gentleman said over there
before, a majority of the customers that we do have that have containers are people with
disabilities and houses that house the handicapped and something needs to be put in there for
that. Because I mean, almost 50% of them, especially in Greenport, deal with that. The other
thing is, #3, dumpsters shall be promptly removed or emptied when they are full. It shouldn't
read that, it shouldn't be empty when full. You don't want the containers sitting there with
garbage in them for two months, they should be emptied in a time frame. They should be
emptied every week. Because I am sure a lot of the complaints you get are because people put
their garbage in a container and it sits there. So that will solve a lot of the issues with that. And
to go with what Scott said, a lot of the, people that have containers, there's always a reason for it.
you know, they are working, they have a business, he's a plumber, he's an electrician, he needs
to throw out big pieces of stuff that just don't work for the yellow bag. So dumpsters are
convenient, they are a way around it. So I think the code needs a little more work. Thanks.
SUPERVISOR RUSSELL: The one thing I do want to say is some people are looking at this and
they are using it as a referendum or discussion on yellow bags. I get it, yellow bags are awful.
You know I have talked to you for years about coming up with a suitable replacement. But I
think we should not confuse the issues, this is about replacing dumpsters in front of yards or
residential homes. The merit or the continued merit of the yellow bags, fair discussion but it
really should be a separate discussion.
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: I don't think there is a provision and I think grandfathering is bad
policy. It really is. And we generally don't when we adopt code, we don't grandfather. If we
start here...
UNIDENTIFIED: Inaudible.
SUPERVISOR RUSSELL: Like I said, we won't take action tonight. We will close the hearing
and then we will wait two weeks to consider the comments.
COUNCILMAN GHOSIO: I have a question for you. Can you give me an idea of how many
dumpsters are used in residential applications? Any idea?
UNIDENTIFIED: Probably about 80.
COUNCILMAN GHOSIO: Town wide that is?
UNIDENTIFIED: From Mattituck all the way to East Marion.
COUNCILMAN GHOSIO: And does that include Schelin as well?
Public Hearing on Chapter 100-Dumpsters
January 17, 2017 page 12
UNIDENTIFIED: Probably close.
SUPERVISOR RUSSELL: About 80 and 80 or...?
UNIDENTIFIED: That includes a lot of mixed uses, that includes people that have farms and
people who have commercial, mixed residential. It's a day's worth of work. You take a days
worth of work off a truck, you know, it's a big deal. Two guys have got to sit home.
COUNCILMAN GHOSIO: I did want to address some of your comments, I don't think, your
comments certainly resonate, at least with me, because I worked with the disabled for several
years. In fact, it was in the 80's at a time when we were just developing the ADA and was part
of, I was one of the advocates for that, so I understand where you are coming from, in fact, you
weren't here when we had a hearing for this, I did bring up the fact that I personally felt that one
of the exemptions for me would be for any of the group homes that we have here in town. Of
course, understanding what it is to running a group home and the importance of a dumpster in
those applications, so I just wanted you to know that.
MR. AQUINO: You do look familiar, (inaudible). It's an important issue. Accommodation
wise.
SUPERVISOR RUSSELL: If no one else is going to comment, then we will close this hearing.
This hearing was closed at 8:27 PM
l..0 .
Elizeh A.Neville
Southold Town Clerk
FFOL
ELIZABETH A. NEVILLE,MMC O Town Hall,53095 Main Road
TOWN CLERK �� �� P.O.Box 1179
Southold,New York 11971
coo
REGISTRAR OF VITAL STATISTICS v-45 Fax(631)765-6145
MARRIAGE OFFICER ,� O� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®,( �`� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
'c ► ' M689186225US February 13, 2017
CJ
Express Mail
RE: Local Law No. 1 of 2017
Town of Southold, Suffolk County
Ms. Linda Lasch
Principal Clerk
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Ms. Lasch:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copy of Local Law No. 1 of 2017 of the Town of
Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Enclosures
cc: Town Attorney
Rudder, Lynda
From: ersupp <ersupp@generalcode.com>
Sent: Monday, February 13, 2017 11:49 AM
To: Rudder, Lynda
Subject: RE: Emailing: LL 1.docx
Thank you for your e-mail. If you are sending legislation for your Code project or your next Code supplement, it will be
processed in the usual manner (Please note that legislation that is posted under"New Laws" in eCode3600 will appear
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1
Southold Town Board - Letter Board Meeting of January 31, 2017
RESOLUTION 2017-126 Item# 5.4
lp'V ADOPTED DOC ID: 12715
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2017-126 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 31,2017:
RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 201h day of December, 2016, a Local Law entitled"A Local Law in
relation to Amendments to Chapter 100, Buildings,Unsafe; Property Maintenance,in
connection with Dumpsters." and be it further
RESOLVED that the Town Board of the Town of Southold held a public hearing on the
aforesaid Local Law at which time all interested persons were given an opportunity to be heard,
now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 100 Buildings,Unsafe;
Property Maintenance,in connection with Dumpsters" reads as follows:
LOCAL LAW NO.i 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100,Buildings,
Unsafe; Property Maintenance, in connection with Dumpsters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 100-3. Definitions.
DUMPSTER-A litter storage and collection container of one cubicarY d or greater in capacity,
which is mechanically ptied or removed.
§ 100-4 Standards.
A. Property maintenance.
(1) Surface and subsurface water shall be adequately drained to protect buildings and
structures, to prevent damage to adjacent property and to prevent the development
of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures
erected for recreational use shall be maintained so as to avoid the stagnation of the
water therein.
(2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds
and trees do not become overgrown and unsightly so as to constitute an unsafe
condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees
Generated February 1, 2017 Page 11
Southold Town Board - Letter Board Meeting of January 31, 2017
create an impediment to emergency and/or fire rescue vehicle access.
(3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or
buildings on the premises, or in an acceptable enclosed container, and shall be
regularly collected and removed from the premises.
(4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent
access by the public.
(5) Junked or unregistered vehicles may not be located or stored in open view but
shall be stored in a suitable location inside a building or behind a fence outside of
public view.
(6) Exterior facades shall at all times be kept free of graffiti or other defacement.
B. Dumpsters
(1) No dumpster shall be permitted in the front yard or side yard of a property used
for a residential use for more than thigy (30) days unless the property benefits
from an open and valid building permit. If the property benefits from an open
and valid building permit said dumpster may remain in the front yard or side yard
until either the building permit expires or a certificate of occupancy and/or
compliance is issued for the work described in the permit,whichever occurs first.
Thereafter, the dumpster must be removed.
(2) Dumpsters shall be permitted in the rear yard of properties engaged in a
residential use provided they meet the following criteria:
a) The dumpsters shall comply with all setbacks for accessory structures for
the zoning_district in which the property is located.
b) All dumpsters shall be fully enclosed by a stockade fence, or other similar
enclosure of not more than six feet in height.
C) A dumpster in a residential district shall have a cover which shall cover
the dumpster when it is not in active use.
(3) Dumpsters shall be promptly removed or emptied when they are full.
(4) It shall be unlawful for any person to store deposit,place,maintain or cause or
permit to be stored deposited placed or maintained any dumpster upon any
portion of any street lane sidewalk roadway or highway located within the
corporate limits of the Town.
(5) Exceptions.
a) Properties used for bonafide agricultural production shall not be subject to
this provision.
b) Condominium complexes apartment complexes and other residential uses
subject to site plan approval shall not be subject to the provisions of this
section.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
Generated February 1; 2017 Page 12
Southold Town Board - Letter Board Meeting of January 31, 2017
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans,Russell
Generated February 1, 2017 Page 13
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
Local Law Filing 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.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 1 of the year 2017 .
A Local Law entitled, A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe; Property
Maintenance,in connection with Dumpsters
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
§ 100-3. Definitions.
DUMPSTER-A litter storage and collection container of one cubic yard or greater in capacity,
which is mechanically emptied or removed.
§ 100-4 Standards.
A. Property maintenance.
(1) -Surface and subsurface water shall be adequately drained to protect buildings and
structures, to prevent damage to adjacent property and to prevent the development
of stagnant ponds. Swimming pools, spas,hot tubs and other similar structures
erected for recreational use shall be maintained so as to avoid the stagnation of the
water therein.
(2) Landscaping shall be adequately maintained so that lawns,hedges,bushes, weeds
and trees do not become overgrown and unsightly so as to constitute an unsafe
condition or blight. At no time shall landscaping,hedges,bushes,weeds or trees
create an impediment to emergency and/or fire rescue vehicle access.
(3) Garbage, crates,rubbish, refuse or debris shall be kept inside a building or
buildings on the premises, or in an acceptable enclosed container, and shall be
regularly collected and removed from the premises.
(4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent
access by the public.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239(Rev.05/05)
1
(5) Junked or unregistered vehicles may not be located or stored in open view but
shall be stored in a suitable location inside a building or behind a fence outside of
public view.
(6) Exterior facades shall at all times be kept free of graffiti or other defacement.
B. Dumpsters
(1) No dumpster shall be permitted in the front yard or side yard of a property used
for a residential use for more than thirty(30) dqys,unless the property benefits
from an open and valid building permit. If the property benefits from an open
and valid building permit, said dumpster may remain in the front yard or side yard
until either the building permit expires, or a certificate of occupancy and/or
compliance is issued for the work described in the permit,whichever occurs first.
Thereafter, the dumpster must be removed.
(2) Dumpsters shall be permitted in the rear yard of properties engaged in a
residential use,provided they meet the following criteria:
a) The dumpsters shall comply with all setbacks for accessory structures for
the zoning district in which the property is located.
b) All dumpsters shall be fully enclosed by a stockade fence, or other similar
enclosure of not more than six feet in heir
c) A dumpster in a residential district shall have a cover which shall cover
the dumpster when it is not in active use.
(3) Dumpsters shall be promptly removed or emptied when they are full.
(4) It shall be unlawful for M person to store, deposit,place,maintain or cause or
permit to be stored, deposited, placed or maintainedany dumpster upon anX
portion of any street, lane, sidewalk,roadway or hi way located within the
corporate limits of the Town.
(5) Exceptions.
a) Properties used for bonafide agricultural production shall not be subject to
this provision.
b) Condominium complexes, apartment complexes and other residential uses
subject to site plan approval shall not be subject to the provisions of this
section.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part
thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.
2
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. 1 of 20 17 . of the
(Town)Wig)of SOUTHOLD was duly passed by the
TOWN BOARD on January 31 ,20 17 ,in accordance with the applicable provisions of law.
2.(Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the(County)(City)(Town)(Village) of was duly passed by the
on 20 ,and was(approved)(not approved)(re-passed after
disapproval)by the and was deemed duly adopted on 20 ,
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 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20_____,and was(approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
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 20 , 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 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
3
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 20
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)(general) election held on 20 ,
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 20
of the County of State of New York,having been submitted to the electors
at the General Election of November 20 ,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 cities 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 local law with the original on file in this office and that the same is a
correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated
in paragraph 1 ,above.
Clerk of tid County egis ative body. City. Town or
(Seal) Village Clerk or officer designated by local legislative body
Elizabeth A.Neville,Town Clerk
Date: February 2,2017
(Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY 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 anno.
exed h et
7: 41?,
Signature
William Duffy,Town A orney
Damon Hagan,Assistant Town Attorney
Title
Gity
Town of SOUTHOLD
Date: February 2,2017
4
Southold Town Board - Letter Board Meeting of January 17, 2017
RESOLUTION 2017-126 Item# 6.31
TABLED DOC ID: 12715
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2017-126 WAS
TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 17, 2017:
RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 20th day of December, 2016, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 100,Buildings, Unsafe; Property Maintenance, in
connection with Dumpsters." and be it further
RESOLVED that the Town Board of the Town of Southold held a public hearing on the
aforesaid Local Law at which time all interested persons were given an opportunity to be heard,
now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to Amendments to Chapter 100 Buildings,Unsafe;
Property Maintenance, in connection with Dumpsters"reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100,Buildings,
Unsafe; Property Maintenance, in connection with Dumpsters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 100-3. Definitions.
DUMPSTER-A litter storage and collection container of one cubic yard or greater in capacity,
which is mechanically emptied or removed.
§ 100-4 Standards.
A. Property maintenance.
(1) Surface and subsurface water shall be adequately drained to protect buildings and
structures, to prevent damage to adjacent property and to prevent the development
of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures
erected for recreational use shall be maintained so as to avoid the stagnation of the
water therein.
(2) Landscaping shall be adequately maintained so that lawns,hedges, bushes, weeds
and trees do not become overgrown and unsightly so as to constitute an unsafe
condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees
Generated January 19, 2017 Page 40
Southold Town Board - Letter Board Meeting of January 17, 2017
create an impediment to emergency and/or fire rescue vehicle access.
(3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or
buildings on the premises, or in an acceptable enclosed container, and shall be
regularly collected and removed from the premises.
(4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent
access by the public.
(5) Junked or unregistered vehicles may not be located or stored in open view but
shall be stored in a suitable location inside a building or behind a fence outside of
public view.
(6) Exterior facades shall at all times be kept free of graffiti or other defacement.
B. Dumpsters
(1) No dumpster shall be permitted in the front yard or side yard of a property used
for a residential use for more than thirty (30) days unless the property benefits
from an open and valid building permit. If the property benefits from an open
and valid building�permit, said dumpster may remain in the front yard or side yard
until either the building permit expires, or a certificate of occupancy and/or
compliance is issued for the work described in the permit,whichever occurs first.
Thereafter,the dumpster must be removed.
(2) Dumpsters shall be permitted in the rear yard of properties engaged in a
residential use provided they meet the following criteria:
a) The dumpsters shall comply with all setbacks for accessory structures for
the zoning district in which the property is located.
b) All dumpsters shall be fully enclosed by a stockade fence, or other similar
enclosure of not more than six feet in height.
C) A dumpster in a residential district shall have a cover which shall cover
the dumpster when it is not in active use.
(3) Dumpsters shall be promptly removed or emptied when they are full.
(4) It shall be unlawful for any person to store, deposit, place, maintain or cause or
permit to be stored deposited placed or maintained any dumpster upon any
portion of any street lane sidewalk roadway or highway located within the
corporate limits of the Town.
(5) Exceptions.
a) Properties used for bonafide agricultural production shall not be subject to
this provision.
b) Condominium complexes apartment complexes and other residential uses
subject to site plan approval shall not be subject to the provisions of this
section.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
Generated January 19, 2017 Page 41
'.i
Southold Town Board - Letter Board Meeting of January 17, 2017
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A.Neville
Southold Town Clerk
RESULT: TABLED [UNANIMOUS] Next: 1/31/2017 4:30 PM
MOVER: Louisa P. Evans, Justice
SECONDER:Jill Doherty, Councilwoman
AYES: Ruland,Doherty, Ghosio, Evans, Russell
ABSENT: James Dinizio Jr
Generated January 19, 2017 Page 42
#13100
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, 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 1 week(s), successfully commencing on the 5th
day of January, 2017.
Principal Clerk
Sworn to before me this �, day of 2017.
MIt shall be..]awful for any per-
son-to store- deposit, place, maintain
,) or cause or permit to be stored,depos- STINA VOLINSKI
LEGA1'P10TICE ited,placed or maintained any dump- 140TARY PUOLIC-STATE OF NEW YORK
NOTICE OF PUBLIC HEARING ster upon any portion of.any street. No. 01V06105050
NOTICE IS HEREBY GIVEN that lane. sidewalk• roadwa or hi hwa
Y I�—Y Qualified In Suffolk County
there has been.presented to the Town located within-the corporate limits of MY Commission Raphes February 28,2020
Board of the Town of Southold, Suf- - the Town.
folk County, New York, on the 20th (5)'Exce12tions
day of December,2016, a Local Law a)Properties used for bonafide ag-
4 A '
entitled "A Local Law in relation to ricultural production shall not be sub 7
mendments to Chapter 100, Build- ject to this provision.
Ings,Unsafe:Property Maintenance,in b) Condominium complexes,apart-
connection with Dumpsters."and ment complexes and other residential
NOTICE IS HEREBY FURTHER uses subject to site plan approval shall ,
I GIVEN that the Town Board of the not be subject to the provisions of this
Town of Southold will hold a public section
hearing on the aforesaid Local Law III.SEVERABILITY
at the Southold Town Hall, 53095 If any clause, sentence, paragraph, , !
pMain Road,Southold,New York, on section,or part of this Local Law shall
I the 17th day of January,2017 at 7:31 be adjudged by any court of competent
p.m.at which time all interested per- jurisdiction to be invalid,the judgment
sons will be given an opportunity.to shall not affect the validity of this law
be heard. as a whole or any part thereof other
The proposed Local Law entitled, than the part so decided to be uncon- _
"A Local Law in relation to Amend- stitutional or invalid.
I ments to Chapter 100 Buildings,Un- IV,EFFECTIVE DATE
! safe;Property Maintenance,in connec- This Local Law shall take effect im-
tion with Dumpsters"reads as follows: mediately_upon'filing with the Secre-
{ LOCAL LAW NO. 2017 tary of State as provided by law.
A Local Law entitled,"ALocal Law Dated: December 20,2016-
in relation to Amendments to Chapter -BY ORDER OF THE
100,Buildings,Unsafe:Property Main- TOWN BOARD
tenance, in connection with Dump- OF THE TOWN OF SOUTHOLD `
sters". Elizabeth A.Neville
BE IT ENACTED by the Town Southold Town Clerk
Board of the Town of Southold as fol- . 13100:1T 1/5—.___
lows: v
§100-3.Definitions. -
DUMPSTER-A litter•storage and
collection container of one cubic,yard `
or greater in capacity, which is me-
chanically emptied or removed. 8
§100-4 Standards.
A.Property maintenance. - - - --
(1) Surface and subsurface water
shall be adequately drained to protect
buildings and structures; to prevent
damage to adjacent property and to
prevent the development of stagnant
ponds.Swimming pools,spas,hot tubs
and other similar structures erected for
recreational use shall be maintained so
as to avoid the stagnation of the water
therein.
(2)Landscaping shall be adequate-
ly maintained'so that lawns, hedges,
bushes,weeds and trees do not become
overgrown grid unsightly so as to con-
stitute an unsafe condition or blight.
At no time shall landscaping,hedges,
bushes, weeds or trees create an im-
pediment to emergency and/or fire res-
cue vehicle access.
(3) Garbage,crates,rubbish,refuse
or debris shall be kept inside a build-
ing or buildings on the premises,or in
an acceptable enclosed container,and
shall be regularly collected and re-
moved from the premises.
(4)Open wells,cesspools or cisterns
shall be securely closed or barricaded
to prevent access by the public.
(5)Junked or unregistered vehicles
may not be located or stored in open
view but shall be stored in a suitable
location inside a building or behind a
fence outside of public view.
(6) Exterior facades shall at "all -
times be kept free of graffiti or other
defacement.
B.Dumjisters
(1) No dumpster shall be permit-
ted in the front yard or side yard of a
property used for a residential use for
more than thirty(30) days unless the
property benefits from an open and
valid buildme permit If the property
benefits from an oven and valid build
ing permit said dumpster may remain
inthe front yard or side yard until ei
ther the building permit expires or a
certificate of occupancy and/or compli
ance is issued for the work described in
the permit whichever occurs first
.Thereafter the dumpster must be
removed.
'(2)- umpsters shall be permitted n
the rear yardof properties engaged in
a residential use rovided the meet
the following criteria•
j a)The dumpsters shall comply with
all setbacks for accessor structures
Principal Clerk
Sworn to before me this day of 2017.
{—(-4-)It shall be unlawful for an Aper-,
t son-to store. deposit, place. maintain STINA VOLINSKI
or cause or permit to be stored.depos-
LEGAL NOTICE ited,placed or maintained any dumb NOTARY PUBLIC-STATE OF NEW YORK
NOTICE OF PUBLIC HEARING ster upon any portion of any street. No. 01V06105050
NOTICE IS HEREBY GIVEN that lane, sidewalk, roadway or highway Qualified In Suffolk County
there has been presented to the Town located within-the corporate limits of gyryl+Opmm1ea10n fnpires Februery 28,2020
Board of the Town of Southold,Suf- - the Town.
folk County, New York, on the 20th (5)'Exceptions.
day of December,2016, a Local Law a)Properties used for bonafide ag-
entitled "A Local Law in relation to ricultural production shall not be sub=
Amendments to Chapter 100. Build- sect to this provision.
ings,Unsafe:Property Maintenance,in b) Condominium complexes.apart- 1
connection with Dumpsters."and ment complexes and other residential I
NOTICE IS HEREBY FURTHER uses subject to site plan approval shall
GIVEN that the Town Board of the not be subject to the prdvisions of this
Town of Southold will hold a public section.
hearing on the aforesaid Local Law III.SEVERABILITY
at the Southold Town Hall, 53095 If any clause, sentence, paragraph,
Main Road, Southold,New York,on section,or part of this Local Law shall
the 17th day of January,2017 at 7:31 be adjudged by any court of competent
p.m.at which time all interested per- jurisdiction to be invalid,the judgment
sons will be given an opportunity to shall not affect the validity of this law
be heard. as a whole or any part thereof other
The proposed Local Law entitled, than the part so decided to be uncon-
"A Local Law in relation to Amend- stitutional or invalid.
ments to Chapter 100 Buildings,Un- IV.EFFECTIVE DATE
safe;Propeety Maintenance,in connec- This Local Law shall take effect im-
tion with Dumpsters"reads as follows: mediately upon filing with the Secre-
LOCAL LAW NO. 2017 tary of State as provided by law.
A Local Law entitled,"A Local Law Dated. December 20,2016-
in relation to Amendments to Chapter BY ORDER OF THE
100.Buildings,Unsafe:Property Main- TOWN BOARD
tenance, in connection with Dump- OF THE TOWN OF SOUTHOLD
stets". Elizabeth A.Neville
BE IT ENACTED by the Town Southold Town Clerk '
Board of the Town of Southold as fol- 13100-1T.1/5_
lows: e
§100-3.Definitions. o
DUMPSTER-A litter storage and
collection container of one cubic yard
or greater incapacity, which is me- P
chanically emptied or removed. g
§100-4 Standards. -
A.Property maintenance
(1) Surface and subsurface water
shall be adequately drained to protect
buildings and structures, to prevent
damage to adjacent-property and to
prevent the development of stagnant
ponds.Swimming pools,spas,hot tubs
and other similar structures erected for
recreational use shall be maintained so
as to avoid the stagnation of the water
therein.
(2) Landscaping shall be adequate-
ly maintained 'so that lawns, hedges,
bushes,weeds and trees do not become
(overgrown and unsightly so as to con-
stitute an unsafe condition or blight
At'no time shall landscaping,hedges,
bushes, weeds or trees create an im-
pediment to emergency and/or fire res-
cue vehicle access.
(3) Garbage,crates,rubbish,refuse
or debris shall be kept inside-a build-
ing or buildings on the premises,or in
an acceptable enclosed container,and
shall be regularly collected and re-
moved from the premises.
(4)Open wells,cesspools or cisterns
shall be securely closed or barricaded
to prevent access by the public.
(5)Junked or unregistered vehicles
may not be located or stored in open
view but shall be stored in a suitable
location inside a building or behind a
fence outside of public view.
(6) Exterior facades shall at all -
times be kept free of graffiti or other
defacement. ,
B.Dumpsters
(1) No dumpster shall be permit-
ted in the front yard or side yard of a
property-used for a residential use for
more than thirty(30) days unless the
property benefits from an open and
valid building permit If the property
benefits from an open and valid build-
ing permit,said dumpster may remain
i_n the front yard or side yard until ei-
ther the building permit expires or a
certificate of occupancy and/or compli-
ance is issued for the work described in
the permit,whichever occurs first
Thereafter, the dumpster must be
removed
-(2)Dumnsteis shall be permitted in
the rear yard of properties engaged in
a residential use provided they meet
the following criteria-
a)The dumpster s shall comply with
all setbacks for accessory structures
for the zoning district in which the
property is located.
b)All dumpsters shall be fully en-
closed by a stockade fence or other
similar enclosure of not more than six
feet in height.
c)A dumpster in a residential dis-
trict shall have-a cover which shall
cover the dumpster when it is not in
active use.
(3)Dumpsters shall be promptly re-.
moved or emptied when they are full.
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 27th day of December , 2016, a notice of which the
annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a
most public place in the Town of Southold, Suffolk County,New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York.
PH—Local Law in regard to Dumpsters
px—
'-azd 0
Elizabeth A. Neville
Southold Town Clerk
Sworn before m his
3 day of 52017."I tLy otary Public
LYNDA M. RUDDER
Notary Public,State of New York
No.01 R U6020932
Qualified in Suffolk County
Commission Expires March 8,201�
1
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
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 December, 2016, a Local Law entitled
"A Local Law in relation to Amendments to Chapter 100, Buildings, Unsafe; Property
Maintenance, in connection with Dumpsters." and
NOTICE IS HEREBY 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, 53095 Main Road,
Southold,New York, on the 17th day of January,2017 at 7:31 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100
Buildings, Unsafe; Property Maintenance, in connection with Dumpsters" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100,Buildings,
Unsafe; Property Maintenance, in connection with Dumpsters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 100-3. Definitions.
DUMPSTER- A litter storage and collection container of one cubic yard or greater in capacity,
which is mechanically emptied or removed.
§ 100-4 Standards.
A. Property maintenance.
(1) Surface and subsurface water shall be adequately drained to protect buildings and
structures,to prevent damage to adjacent property and to prevent the development
of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures
erected for recreational use shall be maintained so as to avoid the stagnation of the
water therein.
(2) Landscaping shall be adequately maintained so that lawns,hedges, bushes, weeds
and trees do not become overgrown and unsightly so as to constitute an unsafe
condition or blight. At no time shall landscaping,hedges, bushes, weeds or trees
create an impediment to emergency and/or fire rescue vehicle access.
(3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or
buildings on the premises, or in an acceptable enclosed container, and shall be
regularly collected and removed from the premises.
(4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent
access by the public.
(5) Junked or unregistered vehicles may not be located or stored in open view but
shall be stored in a suitable location inside a building or behind a fence outside of
public view.
(6) Exterior facades shall at all times be kept free of graffiti or other defacement.
r'
B. Dumpsters
(1) No dumpster shall be permitted in the front yard or side yard of a property
for a residential use for more than thirty (30) days, unless the property benefits
from an open and valid building permit. If the property benefits from an open
and valid building permit said dumpster may remain in the front yard or side yard
until either the building permit expires, or a certificate of occupancy and/or
compliance is issued for the work described in the permit,whichever occurs first.
Thereafter, the dumpster must be removed.
(2) Dumpsters shall be permitted in the rearary d of properties engaged in a
residential use, provided they meet the following criteria:
a) The dumpsters shall comply with all setbacks for accessory structures for
the zoning district in which the property is located.
b) All dumpsters shall be fully enclosed by a stockade fence, or other similar
enclosure of not more than six feet in height.
C) A dumpster in a residential district shall have a cover which shall cover
the dumpster when it is not in active use.
(3) Dumpsters shall be promptly removed or emptied when they are full.
(4) It shall be unlawful for anyperson to store deposit, place, maintain or cause or
permit to be stored deposited placed or maintained any dumpster upon any
portion of any street lane sidewalk roadway or highway located within the
corporate limits of the Town.
(5) Exceptions.
a) Properties used for bonafide agricultural production shall not be subject to
this provision.
b) Condominium complexes apartment complexes and other residential uses
subject to site plan approval shall not be subject to the provisions of this
section.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Dated: December 20, 2016 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A. Neville
Southold Town Clerk
Please publish on January 5, 2017 and forward one affidavit of publication to Elizabeth A.
Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971.
Copies to:
The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website
Southold Town Board- Letter Board Meeting of December 20, 2016
RESOLUTION 2016-1138 Item# 5.34
ADOPTED DOC ID: 12644
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-1138 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
DECEMBER 20, 2016:
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 20`h day of December, 2016, a Local Law entitled "A Local Law in
relation to Amendments to Chapter 100, Buildings,Unsafe; Property Maintenance, in
connection with Dumpsters."
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
17`h day of January, 2017 at 7:31,p.m. at which time all interested persons will be given an
opportunity to.be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 100
Buildings, Unsafe; Property Maintenance, in connection with Dumpsters" reads as follows:
LOCAL LAW NO. 2017
A Local Law entitled, "A Local Law in relation to Amendments to Chapter 100,Buildings,
Unsafe; Property Maintenance, in connection with Dumpsters".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 100-3. Definitions.
DUMPSTER- A litter storage and collection container of one cubic yard or greater in capacity,
which is mechanicallemptied or removed.
§ 100-4 Standards.
A. Property maintenance.
(1) Surface and subsurface water shall be adequately drained to protect buildings and
structures, to prevent damage to adjacent property and to prevent the development
of stagnant ponds. Swimming pools, spas, hot tubs and other similar structures
erected for recreational use shall be maintained so as to avoid the stagnation of the
water therein.
(2) Landscaping shall be adequately maintained so that lawns, hedges, bushes, weeds
Generated December 20, 2016 Page 45
Southold Town Board - Letter Board Meeting of December 20, 2016
and trees do not become overgrown and unsightly so as to constitute an unsafe
condition or blight. At no time shall landscaping, hedges, bushes, weeds or trees
create an impediment to emergency and/or fire rescue vehicle access.
(3) Garbage, crates, rubbish, refuse or debris shall be kept inside a building or
buildings on the premises, or in an acceptable enclosed container, and shall be
regularly collected and removed from the premises.
(4) Open wells, cesspools or cisterns shall be securely closed or barricaded to prevent
access by the public.
(5) Junked or unregistered vehicles may not be located or stored in open view but
shall be stored in a suitable location inside a building or behind a fence outside of
public view.
(6) Exterior facades shall at all times be kept free of graffiti or other defacement.
B. Dumpsters
(1) No dumpster shall be permitted in the front yard or side yard of a property used for a
residential use for more than thirty (30) days unless the property benefits from an open
and valid building permit If the property benefits from an open and valid building
permit said dumpster may remain in the front yard or side yard until either the building
permit expires or a certificate of occupancy and/or compliance is issued for the work
described in the permit whichever occurs first. Thereafter, the dumpster must be
removed.
(2) Dumpsters shall be permitted in the rear yard of properties engaged in a residential use,
provided they meet the following criteria:
a) The dumpsters shall comply with all setbacks for accessory structures for the
zoning district in which the property is located.
b) All dumpsters shall be fully enclosed by a stockade fence, or other similar
enclosure of not more than six feet in height.
C) A dumpster in a residential district shall have a cover which shall cover the
dumpster when it is not in active use.
(4) Dumpsters shall be promptly removed or emptied when they are full.
(5) It shall be unlawful for any person to store deposit place maintain or cause or permit to
be stored deposited placed or maintained any dumpster upon any portion of any street,
lane sidewalk roadway or highway located within the corporate limits of the Town.
(6) Exceptions.
a) Properties used for bonafide agricultural production shall not be subject to this
provision.
b) Condominium complexes apartment complexes and other residential uses subject
to site plan approval shall not be subject to the provisions of this section.
Generated December 20, 2016 Page 46
Southold Town Board - Letter Board Meeting of December 20, 2016
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:William P. Ruland, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Generated December 20, 2016 Page 47
Rudder, Lynda
From: legals <legals@timesreview.com>
Sent: Monday, January 02, 2017 9:24 AM
To: Rudder, Lynda
Subject: Re: DUMPSTER FOR PUBLICATION
Importance: High
Good morning,
The legal notice has been scheduled to be published in the 1/5/17 edition of the Suffolk Times.
Thank you and Happy New Year!
TIMES
RE IS
Lindsay Denston
Assistant Sales Coordinator
631.298.3200 ext. 235
631.354.8032 (direct)
531.298.0410(fax)
Ldenston@timesreview.com
www.timesreview.com
From: "Rudder, Lynda" <Ivnda.rudder@town.southold.nv.us>
Date:Tuesday, December 27, 2016 9:34 AM
To: "Cushman,John" <John.Cushman@town.southold.nv.us>, Lindsay Riemer<legals@timesreview.com>, "Lisa Finn
(lisafinn@gmail.com)" <lisafinn@gmail.com>, "Michaelis,Jessica" <iessicam@southoldtownny.gov_>, "Reisenberg, Lloyd"
<Lloyd.Reisenberg@town.southold.nv.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>,
"Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.nv.us>, "Doroski,
Bonnie" <Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, Louisa Evans
<Ipevans063902gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.nv.us>, "Noncarrow, Denis"
<denisn southoldtownnv.�ov>, "Rudder, Lynda" <Ivnda.rudder town.southold.nv.us>, "Russell, Scott"
<scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle"
<michellet@town.southold.nv.us>, William Ruland <rulandfarm@yahoo.com>, "Duffy, Bill"
<billd@southoldtownnv.gov>, "Hagan, Damon" <damonh@southoldtownnv.gov>, "Silleck, Mary"
<marvs@southoldtownny.gov>
Subject: DUMPSTER FOR PUBLICATION
Please publish in the January 5, 2017 edition of the Suffolk Times and the Town website.
2
Rudder, Lynda
From: Rudder, Lynda
Sent: Tuesday, December 27, 2016 9:34 AM
To: Cushman, John; legals@timesreview.com; Lisa Finn (lisafinn@gmail.com); Michaelis,
Jessica; Reisenberg, Lloyd; Southold Local (denise@southoldlocal.com); Dinizio,James;
Doherty,Jill; Doroski, Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow,
Denis; Rudder, Lynda; Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William
Ruland; Duffy, Bill; Hagan, Damon; Silleck, Mary
Subject: DUMPSTER FOR PUBLICATION
Attachments: dumpster.docx
Importance: High
Please publish in the January 5, 2017 edition of the Suffolk Times and the Town website.
2
Customer Copy
Label 11-F, April 2004
JUEli PRESty
MAIL
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•ELIVERY(POSTAL USE ONLY)
Delivery Attempt Time ❑AM Employee signature
Mo Day PM
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Mo Day ❑PM
Delivery Date Time ❑AM Employee Signature
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❑WAIVER OF SIGNATURE(Domestic Mad Only)Additional merchandise insurance is
void if waiver of signature is requested i vnsh delivery to be made without obtaining signature
of addressee or atldressee's agent(if delivery employee judges that article can be left in secure _
location)and 1 authorize that delivery employee's signature constitutes valid proof of delivery
NO DELIVERY Weekend 0 Holiday '
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TO:(PLEASE PRINT) PHONE( ) ~
r Linda Lasch, Principal Clerk
NYS Department of State
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