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:

 

§ 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.

 

 

                                                            Palma Torrisi, Village Clerk