A
Regular Meeting of the Board of Trustees of the
Present: Mayor - Thomas J. Pellegrino
Trustees - Steven Cohen
- Gary Levi
- Michael Schenkler
-
Robert
Weitzner
Attorney - Stephen Limmer
Clerk -
Public Stenographer - Daniel
Cohen
1. Public Hearings
A. Mayor Pellegrino opened the Public Hearing,
duly advertised in the November 25, 2004 Port Washington News, to consider the
adoption of Bill 12B of 2004, a proposed local law amending certain provisions
of Chapter 135, Signs, of the Code of the Village of Port Washington
North. A stenographic transcript of the
hearing is on file with the Village Clerk.
All those present wishing to speak having been heard, the Mayor closed
the public hearing. On motion of Trustee
Schenkler, seconded by Trustee Weitzner, it was RESOLVED that Bill 12B of 2004
be and hereby is adopted as LOCAL LAW No. 10 of 2004 to read as follows:
Local Law 10 of the year
2004
A local law amending
certain provisions of Chapter 135, Signs,
of the Code of the
Be
it enacted by the Board
of Trustees of the
Section 1. Chapter
135, signs, of the Code of the
“Chapter 135
SIGNS
§ 135-1. Applicability.
The
erection and maintenance of all signs shall conform to the provisions of this
chapter.
§ 135- 2 Definitions.
As
used in this Chapter, the following terms shall have the meanings indicated:
BOARD OF TRUSTEES – The
Board of Trustees of the Village
BUILDING INSPECTOR – the
Building Inspector of the Village
DESIGN– shall include,
but not be limited to, the lettering (font and size), logos, symbols, colors,
size, shape, material, height, location, and lighting.
FREE SPEECH SIGNS - Non-commercial signs which solely set
forth constitutionally protected free speech, including but not limited to
political and election signs.
SIGN – any outdoor
billboard, poster, panel, bulletin, advertising structure, advertising sign, or
other advertising or attention attracting device or display.
VILLAGE – The
§ 135-3. Permit for signs.
A.
No
commercial sign shall be erected, maintained, displayed, altered, rebuilt,
enlarged, extended, or relocated within the Village without a conditional use
permit from the Board of Trustees.
(1)
In
determining whether or not to issue such permit, the Board of Trustees may
consider whether or not the sign will be in conformity with other signs in
close proximity to the location of the proposed sign, thereby creating a
uniform design for the particular building, shopping center, or area, and
whether or not such sign, by virtue of its design will have an adverse impact
upon nearby residential properties or be distracting to motorists along nearby
public roadways.
(2)
The
Board of Trustees shall have the right to grant such conditional permits for
limited periods of time, to vary any of the requirements set forth in this
section in order to alleviate any practical difficulty to the applicant in
conforming to the requirements set forth herein, and to revoke any such permit
in the event that any of the conditions upon which such permit was granted were
violated.
B.
No
non-commercial sign shall be erected, maintained, displayed, altered, rebuilt,
enlarged, extended, or relocated within the Village without a permit from the
Building Inspector.
§ 135-4. Application for permit.
A.
Commercial
signs: A separate application for a
conditional use permit shall be made to the Board of Trustees for each
commercial sign on a form furnished by the Building Inspector. Each application shall be accompanied by the
written consent of the owner of the real property upon which such sign is to be
erected or maintained. Application shall
be made in like manner for a permit to maintain any existing sign or to renew a
conditional permit for a sign.
B.
Non-commercial
signs. A separate application for a permit shall be made to the Building
Inspector for each non-commercial sign on a form furnished by the Building
Inspector. Each application shall be
accompanied by the written consent of the owner of the real property upon which
such sign is to be erected or maintained.
Application shall be made in like manner for a permit to maintain any
existing sign or to renew a conditional permit for a sign. The application shall be in such form as
shall be prepared by the Building Inspector and shall include such documents as
shall be required by the building inspector, including, but not limited to six
color copies of the proposed sign, which shall be prepared to scale and shall
show the actual color of the proposed sign.
§ 135-5. Responsibility for removal of advertising
structures, signs and devices without permits.
All
signs shall be removed by the person, firm or corporation erecting, owning,
maintaining or displaying the same or, in default of removal by the person,
firm or corporation thus primarily charged with such duty, by the owner or
tenant of the premises upon which the structure or display is maintained,
within 30 days from the date of the expiration or revocation of the permit for
same or within 30 days after the business is no longer operating at the
premises for which the sign was approved, whichever is the sooner to occur.
§ 135-6. Ground signs; pole signs; tower signs.
The
erection or maintenance of pole signs, ground signs and tower signs within the
Village is hereby prohibited, except as specifically regulated by this chapter.
|
A. |
In
residence districts. Ground signs requiring fees shall be erected only on
undeveloped property or subdivisions being developed,
shall not exceed 20 square feet in area, shall advertise only the sale or
rental of premises upon which they are maintained, and shall be set back at
least 20 feet from all property lines. Such signs shall conform to the
established front and side yard setbacks for the districts in which they are
maintained. No renewal of such sign permit shall be issued beyond a period
when development of the subdivision has reached 90% of completion. |
|
B. |
In
business and industrial districts. On undeveloped property, ground signs
shall be set back at least 20 feet from all property lines. On developed
property, ground signs shall be set back at least 20 feet from any front
property line; provided, however, that if the average front yard setback of
existing buildings on the same side of the street within the same block is 10
feet or less, the front yard setback of such signs shall conform with the
established setback of such buildings, except that no part of the sign
structure shall extend closer than five feet to a front property line. The
area between the sign structure and the street line shall be maintained free
of grass, weeds and debris. |
§ 135-7. Off-site advertising display restriction.
Signs
which seek to advertise businesses, activities, products or services which are
not conducted or sold on the property where such signs are located or which are
not expressly permitted by other sections of this chapter are prohibited.
§ 135-8. Signs exempt from fees.
The
classes of signs and announcements which are exempt from fees and may be
erected or maintained upon permit issued by the Building Inspector are
described in this section. Such signs shall be subject to the provisions of §
135-3 through § 135-5, inclusive, of this chapter, except
that it shall not be necessary for the owner thereof to make application for
renewal as is provided for signs requiring fees, unless there is a change in
ownership or an alteration of said sign.
|
A. |
In
residence districts:
|
||||||||||||||||||||||||||||||||||
|
B. |
In
other than residential districts:
|
§ 135-9. Danger and directional signs.
A. A danger or precautionary sign, containing
two square feet or less, relating to the premises or a sign warning of the
conditions or of dangers of travel on a highway may be erected and maintained
for a temporary period without application to the Building Inspector for a
permit.
B.
A directional sign on the
side wall of a building, where said side wall faces a driveway giving access to
a parking area at the rear of the building, may be erected.
|
A. |
No
signs, except directional and warning signs erected by or with the approval
of the Building Inspector, shall be erected or maintained on the right-of-way
of any public highway. |
|
B. |
No
sign shall be erected or maintained where, because of the design, such sign
might be confused as a traffic directional or stop sign, or might interfere
with the vision or discernment of a traffic directional or stop-and-go sign,
or might otherwise imperil the safety of travel on streets and highways. |
|
C. |
No
right-angle or projecting sign extending over the public right-of-way shall
be permitted, except those classified under § 135-8(B)(3)
of this chapter. |
|
D. |
No
sign that is not expressly permitted in this chapter shall be permitted. |
|
E. |
No
commercial sign shall be erected or maintained on any real property improved
with a one- or two-family dwelling. |
|
F. |
No
sign or show window display shall be placed, illuminated, or maintained in
such a way as may cause danger to traffic by obscuring the driver's view. |
|
G. |
No
sign shall consist of a painted surface utilizing fluorescent or Day-Glo
colors. |
|
H. |
No
revolving signs are permitted. |
|
I. |
No
signs which are lighted with intermittent flashing or animated illumination,
except time and temperature signs, are permitted. |
|
J. |
No
sign or artificial lighting source or reflector connected to or used
therewith is permitted if such sign or lighting conflicts with or may be
mistaken for a traffic signal. |
|
K. |
No
illuminated signs or other lighting devices, flashing lights, strobe lights,
and lights that outline any part of a building such as a window, door, gable,
roof, sidewalk, or corner are permitted. |
|
L. |
No
self-illuminated signs wherein the light source itself is shaped and utilized
to form the sign (for example, but not limited to, neon bulbs forming words)
are permitted. |
§ 135- 11. Temporary signs.
No sign relating to an event of
limited duration may be erected more than thirty days before the commencement
of such event and such sign must be removed no later than two weeks after the
conclusion of such event.
§ 135- 12. Free speech signs.
A.
No
fee shall be required for a free speech sign.
B.
Free
speech signs shall be permitted to the greater of four square feet or the same
size as commercial signs for the zoning district within which such property is
located, whichever is larger.
C.
Free
speech signs shall have a set back of at least 20 feet from all property lines
or the required set back, if any, for commercial signs for the zoning district
within which such property is located, whichever is less.
D.
Free
speech signs shall be permitted to the greater of four square feet or the same
size as commercial signs for the zoning district within which such property is
located, whichever is larger.
E.
No
free Speech sign relating to an event of limited duration may be erected more
than sixty days before the commencement of such event and such sign must be
removed no later than thirty days after the conclusion of such event.
F.
If
a free speech sign is to be illuminated, illumination shall be by indirect
lighting (nonflickering/non blinking type).
G.
Applications
for free speech signs shall be processed on an expedited basis and in no event
more than two weeks from the date that a complete application is received.
H.
The
sole basis for denying a free speech sign application shall be public
safety. In the event of such denial, the
Building Inspector shall set forth the specific safety reasons for which the
permit was denied.
I.
Upon
the denial of a free speech permit, the applicant may either appeal to the
Board of Trustees or commence a court action or proceeding to challenge said
denial, at the option of the applicant.
In the event that an appeal is taken to the Board of Trustees, such
appeal shall be heard no later than the next regular monthly meeting of the Board
of Trustees to be held not less than two business days after the filing of the
appeal.”
Section 2. Effective Date. This
local law shall take effect immediately.
Vote was recorded as follows:
Trustee Cohen-aye, Trustee Levi-aye, Trustee Schenkler-aye, Trustee
Weitzner-aye, Mayor Pellegrino-aye. Motion carried.
B. Mayor Pellegrino opened the Public Hearing,
duly advertised in the November 25, 2004 Port Washington News, to consider the
Fire Protection & Emergency Medical Services 2005 contract with the Port
Washington Fire Department Inc. at a cost of $224,136.00. A stenographic transcript of the hearing is
on file with the Village Clerk. All
those present wishing to speak having been heard, the Mayor closed the public
hearing. On motion of Trustee Schenkler,
seconded by Trustee Cohen, the following resolution was unanimously adopted:
RESOLVED that the Village contract with the Port
Washington Fire Department Inc. for the furnishing of FIRE PROTECTION AND EMERGENCY MEDICAL SERVICE within the Village
for the period of January 1, 2005 through December 31, 2005 at a cost to the
Village of $224,136.00, and that the Mayor is hereby authorized to execute such
contract on behalf of the Village.
C.
On
behalf of the Moratorium Commission members, Trustee Weitzner made a
presentation introducing and explaining the Moratorium Commission Land Use
Report to the Mayor, the Trustees and all others present this evening. On motion of Trustee Schenkler, seconded by
Trustee Levi, it was unanimously
RESOLVED
that the Board of Trustees extends its profound thanks to the Village of Port
Washington North Moratorium Commission--Deputy Mayor Robert Weitzner, who
served as chairman, Trustee Steven Cohen, who served as co-chairman, and Planning
Board member Stanley Ronell, Village Environmental
Commissioner Robert Keane, Board of Appeals member Matthew Scott and Village
resident Steven Kaplan, who served as members—for the valuable document they
created for examining present and future land use practices and policies in the
Village.
D. Mayor Pellegrino opened the public
hearing, duly adjourned from November 8, 2004, to consider the adoption of Bill
7A of 2004, a proposed local law to re-zone
the premises known as Section 4, Block
Q, Lot 244 on the Nassau County Land & Tax Map from Economic Development A District to Business District. On
motion of Trustee Schenkler, seconded by Trustee Cohen, it was unanimously
RESOLVED
that the public hearing to consider the adoption of Bill 7A of 2004 be and
hereby is adjourned to 7:30 p.m. on January 10, 2005 at the Village Hall.
2. Clerk
On
motion of Trustee Levi, seconded by Trustee Cohen, it was unanimously
RESOLVED
that the reading of the minutes of the Board of Trustees meetings of October 13,
2004 and October 21, 2004 be waived and that they be and hereby are approved as
prepared by Clerk Torrisi.
3. Treasurer
A. On motion of Trustee Weitzner,
seconded by Trustee Cohen, it was unanimously
RESOLVED
that the reading of the Abstract of Audited Vouchers #33, totalling $46,210.90,
be waived and that it be and hereby is approved as prepared by Treasurer Stack.
B. On
motion of Trustee Schenkler, seconded by Trustee Levi, it was unanimously
RESOLVED
that the Budget Report as of October 31, 2004, showing the Fund Balance to be $1,152,001,
be and hereby is approved as prepared by Treasurer Stack.
4. Reports
A. Building Department
1.
On
motion of Trustee Schenkler, seconded by Trustee
Weitzner, it was unanimously
RESOLVED
that the Building Department report for the month of November 2004 be and
hereby is accepted as submitted.
2. The Board directed the Building Department to
issue an Order to Remedy to Hollywood Video for failure to obtain a Certificate
of Occupancy prior to occupying the premises.
3. The
Board received the complaint that the “No Stopping, Standing, Parking” signs
are missing from the Soundview Marketplace and
B.
Public Works
1.
On
motion of Trustee Levi, seconded by Trustee Weitzner,
it was unanimously
RESOLVED
that the Public Works report for the month of November 2004 be and hereby is
accepted as presented by Superintendent McDonough.
2. The Board of Trustees will
be advised by the Superintendent of Public Works of trees recommended for
removal.
3. It was relayed to the Board that a white Jeep with a “For Sale” sign
on it has been parked in front of
4. The Board directed that the Town of North
Hempstead be sent a letter requesting that Radcliff Avenue be better plowed
near the Village-Town boundary on account of the nearby elementary school.
C.
Environmental Commission
Commissioner
Robert Keane stated that he would contact the U.S. Army Corps of Engineers as
to the status of the application of Manhasset Bay Marina, the next steps in the
process, requesting notice of meetings and hearings, and whether the Village
has a right to appear at meetings and hearings.
5. Old Business
A.
Sandy
Hollow Associates
Michael Puntillo
of Sandy Hollow Associates presented a check for $50,000.00, representing a
portion of the monies due to the Village for the Mill Pond Acres project, to
the Board.
B. Park Maintenance 2005 Contract
- Insurance (Hold Harmless)
On motion of Trustee Weitzner,
seconded by Trustee Levi, it was unanimously
RESOLVED that the requirement for
the contractual hold harmless provision of the Park Maintenance 2005 contract
be waived because of the change of circumstances in the insurance market and
the difficulty of the contractor to procure the contractual hold harmless
insurance, on the condition that the contractor establishes to the satisfaction
of the Mayor or one of the Trustees that he is experiencing a true difficulty.
6. New Business
A.
Danaher
The Board reviewed the letter from
Danaher Motion applying for a change of zone for the two acres of property it
owns at
RESOLVED that the Board appoints itself lead agency for environmental
review.
B.
On motion of Trustee Schenkler, seconded by Trustee Weitzner, it was
unanimously
RESOLVED that a “Stop” sign and a “No Right Turn” sign be erected at the
intersection of The Mill and
C. On motion of Trustee Schenkler, seconded by
Trustee Weitzner, it was unanimously
RESOLVED that there will be
Special Meetings of the Board of Trustees of the
7. Executive Session
On motion of Trustee Schenkler,
seconded by Trustee Levi, it was unanimously RESOLVED that the Board enter into Executive Session to seek advice of counsel.
On motion of Trustee Weitzner,
seconded by Trustee Cohen, it was unanimously RESOLVED that the Executive
Session be and hereby is closed and that the regular meeting be reconvened.
Mayor Pellegrino reopened the
regular meeting and stated that no action was taken in Executive Session.
On motion of Mayor Pellegrino,
seconded by Trustee Levi it was unanimously RESOLVED that the meeting be and
hereby is adjourned at 12:30 a.m.