A Regular Meeting of
the Board of Trustees of the Village of Port Washington North was held on
Monday, July 12, 2004 at 7:30pm at the Village Hall, 71 Old Shore Road,
Port Washington, New York.
Present: Mayor - Thomas J. Pellegrino
Trustees - Steven
Cohen
- Gary Levi
- Michael Schenkler
-
Robert Weitzner
Attorney - Stephen
Limmer
Clerk - Palma
Torrisi
Public
Stenographer - Arlene Lewis
1. Public Hearings
A. Mayor Pellegrino opened the public hearing,
duly adjourned from June 14, 2004, to consider the adoption of Bill 7A of
2004, to amend Ordinance I, the Building Zone Ordinance, to re-zone the premises known as Section 4, Block Q, Lot 244 on the
Nassau County Land and 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 be adjourned to August 9, 2004 at 7:30 p.m. at the Village Hall, 71 Old
Shore Road, Port Washington, New York.
B.
Mayor Pellegrino opened the public hearing, duly advertised in the June 24, 2004
Port Washington News, to consider the adoption of Bill 8F of 2004, to
restrict the location of fast food
restaurants, fast food convenience
stores, and fast service stores within 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 hearing. On motion of Trustee Schenkler, seconded by
Trustee Cohen, it was RESOLVED that Bill 8F of 2004 be and hereby is adopted as
Local Law 6 of 2004 to read as follows:
Local
Law 6 of the year 2004
A local law to restrict
the location of fast food restaurants, fast food convenience stores, and fast
service stores within the Village of Port Washington North
Be it enacted by the
Board of Trustees of the Village of Port Washington North
Section
1. Legislative Findings.
A.
Shore
Road, within the Village of Port Washington North is a very heavily traveled
road and one of two major north-south arteries serving the Port Washington
Peninsula. Traffic along Shore Road
varies from excessively high speeds, in violation of posted speed limits,
during light traffic, to extensive standstills during commuter and certain
other times. Accidents along Shore Road
have been significant in number and in personal injuries including deaths. Traffic control devices and police
enforcement have not been able to sufficiently control the significant traffic
and safety issues along Shore Road. The
Village has recently secured a Safe Street and Traffic Calming Grant in the
amount of $280,200 from New York State to help improve the conditions along
this major thoroughfare through Port Washington North.
B.
Moreover,
Shore Road runs along the sole waterfront area of the Village. The Village is actively seeking to reclaim
that waterfront area for appropriate, primarily passive, recreational use,
through acquisition, rezoning, and development. In conjunction with the Town of North Hempstead and the villages
of Baxter Estates and Manorhaven, the Village has been working to create a
continuous bay walk park from the Town of North Hempstead dock to the Village
of Manorhaven.
C.
The
major goal that the Village seeks to accomplish by its reclamation of its
waterfront and its traffic calming along Shore Road, is to create a respite
from the busy world in which we live, with a quiet, aesthetically pleasing
ambiance for its residents and others to enjoy along the Village’s limited
waterfront, a special heritage that this Board believes it is obligated to
enhance and protect. That ambiance
will be substantially diminished by additional traffic queuing onto Shore Road
and more frequent “in and out” traffic from fast food and fast service
establishments along Shore Road, the viewing of cars and pedestrians running in
and out of cars along Shore Road, and road-side litter from the clientele of
fast food establishments along Shore Road.
D.
Although
Shore Road within the Village is a busy commercial district, some businesses,
because of the special traffic patterns that they invite, the short site visits
that they encourage, and/or the fast food that they sell, with disposable
wrappers, plates, and utensils, have greater impact upon the traffic and litter
on Shore Road than others. To the
extent that greater setbacks can be provided for those businesses from Shore
Road to the buildings within which those businesses are located, the adverse
impacts to the safety, health, comfort, aesthetics, and general welfare of the
Village residents from those businesses will be significantly lessened.
E.
Accordingly,
in order to protect the health, safety, comfort, aesthetics, and general
welfare of the Village residents and other members of the public utilizing
Shore Road and to preserve some of the calming character of our waterfront
Village this Board finds it necessary to prohibit certain businesses within 150
feet of Shore Road.
Section
2. § 176-1, Definitions and word usage,
of Chapter 176, Zoning, of the Code of the Village of Port Washington North, is
hereby amended by adding the following definitions:
“FAST
FOOD CONVENIENCE STORE – Any grocery, fruit, vegetable, delicatessen, liquor
package, ice cream, confectionery, bakery, meat market, or food convenience
store. The definition shall include any
establishment that sells a combination of the foregoing food items.”
“FAST
FOOD RESTAURANT - Any business or enterprise primarily engaged in the sale of
ready-to-consume food and beverages, typically served in disposable wrappers or
on disposable plates, with plastic or other types of disposable utensils, with
limited or no waiters or waitresses servicing the tables, to patrons who
ordinarily select their orders from posted menus offering a limited number of
specialized items, which are prepared according to standardized procedures for
consumption either on or off premises, in a facility where a substantial
portion of food and beverage sales are for consumption off-premises.”
“FAST
SERVICE STORE – Any video rental store, dry cleaner, tobacco, or film
development store and any other establishment with drive-in or drive through
service, other than a drop-off facility for which a conditional use permit has
been issued by the Board of Trustees and an automatic teller machine (ATM). The definition shall include any
establishment that sells a combination of the foregoing items and/or those
items set forth for fast food convenience stores.”
“RESTAURANT - Any
business or other enterprise engaged primarily in the preparation and sale of
food and/or beverages selected from a full menu and consumed on the premises of
the business by patrons seated at a table and served by a waiter or waitress
and using non-disposable food and beverage containers and utensils. Sales of food and beverages in disposable containers
and wrappers for off-premises consumption, if incidental to the primary
business or enterprise described herein, shall not cause such business or
enterprise to be treated as a fast food restaurant.”
Section 3. § 176-128,
Setbacks, of said Chapter 176, is hereby amended, by adding a new subsection C,
to read as follows:
“C. No building which is used for any of the
uses specified below shall be located in whole or in part within 150 feet of
Shore Road:
(1) Fast Food Convenience
Store.
(2) Fast Food Restaurant.
(3) Fast Service Store.”
Section 4. Effective Date.
This local law shall
take effect immediately.
Vote was recorded as
follows: Trustee Cohen-aye, Trustee
Levi-absent, Trustee Schenkler-aye, Trustee Weitzner-aye, Mayor Pellegrino-aye. Motion carried.
2. Clerk
On motion of Trustee Schenkler,
seconded by Trustee Weitzner, it was unanimously
RESOLVED that the reading of
the minutes of the meeting of the Board of Trustees of May 10, 2004 be waived
and that they be and hereby are approved as prepared by Clerk Torrisi.
3. Treasurer
A. On motion of
Trustee Schenkler, seconded by Trustee Cohen, it was unanimously
RESOLVED that the reading of
the Abstract of Vouchers #28, totaling $202,722.54, be waived and that it be
and hereby is approved as presented by Treasurer Stack.
B.
On motion of Trustee Weitzner,
seconded by Trustee Levi, it was unanimously
RESOLVED that the Treasurer’s
Report as of June 30, 2004, showing the ending cash balance to be $767,497, be
and hereby is accepted as prepared by Treasurer Stack.
4. Reports
A. Building
Department
On motion of Trustee Weitzner,
seconded by Trustee Cohen, it was unanimously
RESOLVED that the Building
Department report for the month of June 2004 be and hereby is accepted as
submitted.
B. Public Works
On motion of Trustee Schenkler,
seconded by Trustee Levi, it was unanimously
RESOLVED that the Public
Works Department reports for the month of June 2004 be and hereby is accepted
as presented.
5. Old Business
A.
Bill 1B of 2004 –
Prohibiting Commercial Use of Streets
On motion of Trustee Levi,
seconded by Trustee Schenkler, it was RESOLVED that 1B of 2004, amending chapter 143, Streets and Sidewalks, of the
Code of the Village of Port Washington North, to prohibit the use of streets for commercial purposes,
be and hereby is adopted as Local Law 7 of 2004 to read as follows:
Local Law 7 of the year 2004
A local law amending
chapter 143, Streets and Sidewalks, of the Code of the Village of Port
Washington North,
to prohibit the use of
streets for commercial purposes
Be
it enacted by the Board of Trustees of the Village of Port Washington North
Section
1. Article XII, General Provisions, of
chapter 143, Streets and Sidewalks, of the Code of the Village of Port
Washington North, is hereby amended by adding a new section, § 143-25, to read
as follows:
Ҥ
143-25. Commercial use of streets prohibited.
A.
No
person shall utilize the public streets or sidewalks in connection with or in
furtherance of a commercial use. This
section shall not be construed so as to prohibit the use of a public street or
sidewalk for access to a business or for such other purpose, such as loading,
stopping, standing, or parking, as may be specifically permitted by applicable
law. By way of illustration, without
limitation, the prohibition in this section shall apply to, among other things,
the repairing of automobiles in the street by a gasoline service station or
repair shop, the cleaning or drying of cars in a street by a car wash, and the
storage of vehicles on the street by a leasing company.
B.
Exemptions;
affirmative defense.
(1) Notwithstanding anything in this
section to the contrary, the following shall be permitted:
(a)
The
use of the public streets by the holder of a valid unexpired license issued by
the Village Clerk pursuant to chapter 124, Peddling, of this Code, for the uses
permitted pursuant to said license.
(b)
Emergency
repair service for disabled vehicles, so long as such service: (i) is performed
where the vehicle became disabled and (ii) is solely for the purpose of either:
(1) performing the necessary repairs so that the disabled vehicle may be able
to be sufficiently operated to remove it from the street or (2) preparing such
vehicle to be towed or otherwise removed from the street.
(c)
Commercial
vehicles necessarily involved with the performing of services or repairs at
premises which are legally being utilized as a one or two-family dwelling, so
long as such vehicles are parked within 150 feet of the premises upon which
such dwelling is located and the services or repairs are actively being
performed at the time. Such vehicles
are intended to include, for example, without limitation, landscaping trucks,
furniture moving trucks, and household repair vans.
(2) In any prosecution of any
violation of this section, it shall be an affirmative defense that the alleged
violation was exempted pursuant to the provisions of this subsection B.”
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. The Board is awaiting the action of the Nassau County Planning Commision on the valet parking permit application for Tease Restaurant.
C.
The Board will hear presentations at its August 9th meeting
by three of the firms pre-approved by the New York State Department of
Transportation with regard to the Local Safe Streets & Traffic Calming grant
recently obtained to improve Shore Road.
D.
Robert Keane, the Village’s representative to the Manhasset Bay
Protection Committee, stated that he will contact the New York State Department
of Environmental Conservation regarding the status of inspections at Mill Pond
Acres.
6. New Business
A.
Bill 9A of 2004 – Food
Establishments as Conditional Uses
Mayor Pellegrino introduced Bill 9A of 2004, a proposed local law to provide that all permitted food establishments within the Village of Port Washington North require conditional use permits from the Board of Appeals. A copy of Bill 9A of 2004 was delivered to each of the members of the Board of Trustees on July 6, 2004. The Mayor also presented a short environmental assessment form prepared by the Village Attorney. On motion of Trustee Levi, seconded by Trustee Schenkler, the following resolution was unanimously adopted:
WHEREAS Bill 9A of 2004, a proposed local law to provide that all
permitted food establishments within the Village of Port Washington North require conditional use permits from
the Board of Appeals, has been submitted to the Board of Trustees for its
consideration; and
WHEREAS a short environmental
assessment form has been submitted on behalf of the Village; and
WHEREAS the members of the
Board have carefully reviewed said assessment form; and
WHERESAS the subject bill
concerns the legislative action of this Board;
NOW, THEREFORE, BE IT
RESOLVED that this Board hereby designates itself as the lead agency for
environmental review with regard to the adoption of the proposed local law and
this Board determines that the proposed local law is an unlisted action as
determined by the Commissioner of the Department of Environmental Conservation,
and that it will not have an adverse impact on the environment, and sets a
public hearing with regard to the proposed adoption of this local law for the 13th
day of September 2004 at 7:30 pm at the Village Hall, 71 Old Shore Road, Port
Washington, New York.
B. Bill 10A of 2004 – Amending the Temporary
Moratorium Law
Mayor Pellegrino introduced Bill 10A of 2004, a proposed local law amending local law 8 of 2003, which adopted a temporary moratorium on all subdivisions of real property within the Village of Port Washington North. A copy of Bill 10A of 2004 was delivered to each of the members of the Board of Trustees on July 9, 2004. The Mayor also presented a short environmental assessment form prepared by the Village Attorney. On motion of Trustee Cohen, seconded by Trustee Weitzner, the following resolution was unanimously adopted:
WHEREAS Bill 10A of 2004, amending local law 8 of 2003, which adopted a
temporary moratorium on all subdivisions of real property within the
Village of Port Washington North, has been submitted to the Board of
Trustees for its consideration; and
WHEREAS a short environmental
assessment form has been submitted on behalf of the Village; and
WHEREAS the members of the
Board have carefully reviewed said assessment form; and
WHEREAS the subject bill
concerns the legislative action of this Board;
NOW, THEREFORE, BE IT RESOLVED
that this Board hereby designates itself as the lead agency for environmental
review with regard to the adoption of the proposed local law and this Board
determines that the proposed local law is an unlisted action as determined by
the Commissioner of the Department of Environmental Conservation, and that it
will not have an adverse impact on the environment, and sets a public hearing
with regard to the proposed adoption of this local law for the 9th
day of August 2004 at 7:30 pm at the Village Hall, 71 Old Shore Road, Port
Washington, New York.
C. On motion of
Trustee Weitzner, seconded by Trustee Levi, it was unanimously
RESOLVED that an office
assistant be engaged for two days to arrange voucher claims for fiscal years
2003/4 and 2004/5.
7. Executive Session
On motion of Trustee Schenkler,
seconded by Trustee Cohen, it was unanimously RESOLVED that the Board enter
into executive session to seek the advice of counsel.
On motion of Trustee Cohen,
seconded by Trustee Schenkler, it was unanimously RESOLVED that the executive
session be ended and that the regular meeting be reconvened.
Mayor Pellegrino stated that
no action was taken in executive session.
On motion of Trustee Levi,
seconded by Trustee Schenkler, it was unanimously RESOLVED that the meeting be
and hereby is adjourned at 11:30 p.m.