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Home My WebLink AboutTB-02/12/2019 ELIZABETH A.NEVILLE �gpFFO(� Town Hall, 53095 Main Road TOWN CLERK joo� 000y PO Box 1179 co Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�'Ol dao! Telephone:(631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING February 12, 2019 7:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 12, 2019 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on February 12, 2019 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee NameOrganization Title Status Arrived James Dinizio Jr ` Town of Southold Councilman Present William P. Ruland Town of Southold > Councilman Present Jill Doherty �_of Southold .. Councilwoman Present .. RobertGhosio Town of Southold Councilman Present Louisa P. Evans . Town of Southold Justice m ry Present Scott A. Russell Town of Southold Supervisor _� Present I. Reports 1. Justice Court Reports 2. Town Clerk Monthly Report 3. Zoning Board of Appeals Monthly Report II. Communications III. Public Notices 1. NYS Liquor Authority-New License IV. Discussion 1. 9:00 AM Jennifer Del Vaglio, Chair of the Southold Town EDC Southold Town Board Regular Meeting February 12, 2019 page 2 2. 9:30 AM Michael Collins and Jamie Richter 3. Councilman Ghosio 4. Continued Discussion on Potential Charges for Waste Oil Disposal at the Landfill Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:09 AM for the purpose of discussing the certain matters with council. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 10:29 AM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 5. An Act to Amend the Real Property Tax Law, in Relation to the Extension for Payment of Real Property Taxes by Furloghed or Designated Non-Pay Federal Employees Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:47 AM for the purpose of discussing the following matters: Proposed acquisition, sale or lease of real property where publicity of would substantially affect the value thereof Labor—matters involving the employment history of a particular person/s RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 6. EXECUTIVE SESSION Proposed Acquisition, Sale or Lease of Real Property Where Publicity of Would Substantially Affect the Value Thereof 7. EXECUTIVE SESSION Labor-Matters Involving the Employment of a Particular Person(s) 8. EXECUTIVE SESSION Labor-Matter Involving the Employment History of a Particular Person(s) Southold Town Board Regular Meeting February 12, 2019 page 3 Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:50 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pled1ze of Allelziance Moment of Silence Joseph Soito and Douglas Constant Opening Comments Supervisor Russell SUPERVISOR RUSSELL: We are all going to rise for the Pledge. After that I'm going to ask you to remain standing for a moment of silence for Douglas Constant, who had served on the towns Landmarks Preservation Commission and Joseph Soito, Joseph's wife Paddy was actually employed by Southold Town for some time. Both real good guys, if any of you had the pleasure and honor of knowing them. I know I did and I enjoyed knowing them for a lot of years. So would everybody please rise? Thank you. Now I know there's a lot of people here, I just want to, we have to project tonight, the microphones are not working tonight because we are in the middle of upgrading the town's audio visual capabilities. A lot of the complaints we get are people can't hear us on channel 22, 1 get complaints because people can hear me on channel 22 but at any rate, we are going to try to project as best we can. There's a couple of things going on, I know some of you are here to discuss the local law that we had the hearing on two weeks ago which was no parking established on Youngs Avenue, those people, if you are here for that, you are free to come to the microphone prior to the agenda because it is on the agenda as a resolution item. For those of you who are here for the public hearing on the change of zone on the Reeve property in Mattituck, we are going to ask you to hold your comments until we have the public hearing which we will have at the conclusion of the regular business of the agenda. So would anyone like to address the Town Board on any of the agenda items as they appear on the agenda? Please? Elin Corwin ELIN CORWIN: Elin Corwin, Founders Village. I will just say a few words on the resolution for the no parking signs. I would say, as required by the Transportation Commission, we submitted a petition in support of the no parking signs on Youngs Avenue. This petition was signed by 97 residents of Founders Village, as an expression of their concern and experience with impaired site lines when exiting on Youngs Avenue. There are 92 units at Founders Village with approximately 100 vehicles plus those of guests, contractors and service providers entering and exiting Founders Village daily. Any site line impairment, whether caused by a Founders Village resident, another Youngs Avenue resident, a visitor, a utility worker presents a dangerous Southold Town Board Regular Meeting February 12, 2019 page 4 condition. I don't believe that the source or the frequency of this impairment should be the focus of any decision by the Board. This is strictly a safety issue. This is the opportunity to be proactive and implement what is feasible and practical before there is irreparable harm. I urge the Town Board to adopt this amendment to chapter 260. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: Benja Schwarz, Cutchogue. Resolution 160, apparently the town is requesting a, it's not clear, it says consultants to conduct a SEQRA review and graphic design for town's comprehensive plan. So that's two separate jobs for two separate consultants, is that correct? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Okay, because I didn't think you were going to find one person to, it would be like finding one person to fix your car and mow your lawn. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2019-144 CATEGORY.• Audit DEPzIRTHENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 12, 2019. ✓Vote Record-Resolution RES-2019-144 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter t ❑ ❑ ❑ ❑.Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting February 12, 2019 page 5 2019-145 CATEGORY• Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, February 26, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 PM. ✓Vote Record-Resolution RES-2019-145 0 Adopted ❑ Adopted as Amended ❑ Defeated - - -- -- --------- _ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dnuzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 143 COUNCILMAN RULAND: I will second your motion and I would like discussion. SUPERVISOR RUSSELL: Discussion during the vote or prior? COUNCILMAN RULAND: Prior. I recognize fully the resolve of the people that have brought this to our attention. I also have done extensive research and spoken to the Chief of Police about this and while the initial complaint came as a result of the same vehicle that was parked in the same place on more than one occasion, it does not appear to me that there really is a compelling interest at this time to do this. I realize that from the comment this evening that one could be proactive and say someone might park there but someone might park in a lot of places where it's posted no parking. The exit from the aforementioned housing project has a traffic control sign. People who stop and look in both directions, I do not feel unless the vehicle is parked right there all the time, that there exists enough of a hazard to do this at this time. In my mind, I would certainly say that should, in what is in my mind, a more compelling reason come in the future I would be more than willing to consider it but after weighing everything and hearing the, there was limited testimony both at the hearing and from the lady this evening, that I don't find it to be compelling and I can't support it. Southold Town Board Regular Meeting February 12, 2019 page 6 COUNCILWOMAN DOHERTY: I want to echo what you said, I do drive down that road at least a couple of times a week. I did speak to the Chief as well, to see if there was any reports in that area of traffic or safety concerns. He had none on file, so I feel at this time it is not warranted and I too, am open to future discussion. JUSTICE EVANS: I would agree with the comments of the two Town Board members. SUPERVISOR RUSSELL: I would just say that I went out and I looked a great deal and I gave it a lot of thought and consideration. I recognize the concerns over safety but the only issue that I could see with regard to safety was line of sight. I do not believe that 265 feet of no parking is necessary to improve line of sight there, I would certainly reconsider a request reducing that to what I believe is the general standard which I believe is 30 feet in either direction, if so? Bill? Or something along those lines. COUNCILMAN RULAND: Or there is the vehicle and traffic law. SUPERVISOR RUSSELL: The vehicle and traffic law, okay. Also, if the circumstances change, I would agree with my colleagues, that I also would be happy to reconsider it. I looked at the issues, I know the issue was raised with regard to trips, 428 cars for a car count, I have no doubt that it's a well-traveled road but we have a lot of well-traveled roads in Southold Town and we don't establish no parking as a means of traffic control, it's a means for parking control. This seems to be generated from a singular incident. From my traveling past that quite a bit over the last several weeks, it's an issue that may have resolved itself or it may resolve itself in the near future. I do not believe we can establish 265 feet of no parking based on that one issue. COUNCILMAN GHOSIO: I have the same sentiments. I have driven Youngs Avenue pretty much every day for 16 or more years. I don't recall having seen a parking issue there. As a matter of fact, the only time I ever saw anything that was out of the ordinary was a vehicle that was parked up on the grass and my understanding was that he was parking there because the by- laws of Founders Village wouldn't allow a vehicle of his type to be parked in their parking lot. So again, unless there's a, sometime in the future when it becomes a real issue and there's a lot of parking there, and it becomes a safety issue, we can always re-look at it but I am in agreement. COUNCILMAN DINIZIO: I will agree with my colleagues as well. I think it sets a precedent that you know, expands the boundary of no parking way too far. The road is well-traveled, it seems to me that there's plenty of line of sight there, that you know, if you are careful in pulling out as in any road in town, you'll make it. Everybody makes mistakes, there's always accidents but those are accidents. SUPERVISOR RUSSELL: I am sorry. 2019-143 Tabled 1/29/2019 4:30 PM CATEGORY: Enact Local Law DEPART,VENT.• Town Clerk Southold Town Board Regular Meeting February 12, 2019 page 7 ENACT Chapter 260 Young's Avenue WHEREAS,there has been resented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4" day of December, 2018, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 260,Vehicles and Traffic, in connection with Parkin, on Young's Avenue in the hamlet of Southold" and WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be 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 an Amendment to Chapter 260, Vehicles and Traffic, in connection with Parking on Young's Avenue in the hamlet of Southold" which reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 260, Vehicles and Traffic, in connection with Parking on Young's Avenue in the hamlet of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to improve safety for emergency vehicles,pedestrian and passenger vehicles, as well as dealing with impacts to the public's health, safety and welfare resulting from vehicles parking and standing on a portion of Young's Avenue in the hamlet of Southold. II. Amendment. The Southold Town Code is hereby amended by adding the underlined words as follows: §260-8 Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "no parking": Name of Street Side Location Young's Ave West At Southold, from a point 150 feet north of the entrance to Founder's Village to a point 115 feet south of the exit to Founder's Village 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 Southold Town Board Regular Meeting February 12, 2019 page 8 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2019-143 ❑ Adopted ❑ Adopted as Amended 0 Defeated --- ___.____._ _ . _._ _ __.___.__ . Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 1 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-146 CATEGORY• Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning, Detective Steven Harned and Detective Roman Wilinski to attend the National Computer Forensics Institute from March 23,2019 through March 29, 2019 in Hoover Alabama. All incidental expenses to be a legal charge to the 2019 budget line A.3120.4.600.225 ✓Vote Record-Resolution RES-2019-146 0 Adopted ❑ Adopted as Amended ❑ Defeated —- — — ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting February 12, 2019 page .9 2019-147 C_ATEGORY.• Budget Modification DEPARTMENT. Accounting 2018 Budget Modification-Community Development Financial Impact:Increase Budget for CHIPS project- 711 Flint St, Greenport RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Community Development budget as follows: Increase• CD.2170.00 CHIPS Program Income $272 Total $272 Increase• CD.8660.4.000.104 Housing Rehab Projects, 711 Flint St, Greenport $272 Total $272 ✓Vote Record-Resolution RES-2019-147 0 Adopted - ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 121 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter LI ❑ ❑ 11 ❑ Rescinded Robert Ghosio Seconder lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 2 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter CEJ ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-148 CATEGORY: -Public Service DEPARTMENT: Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Robert 1. Scott, Jr, as a Temporary Marriage Officer for the Town of Southold, on October 19, 2019 only, to serve at no compensation. ✓Vote Record-Resolution RES-2019-148 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting February 12, 2019 page 10 ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-149 CATEGORY. Refund DEPARTMENT.• Town Clerk Refund Resident Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$15.00 to the following for the purchase of a duplicate resident disposal permit online: Ronald Drusin, 420 Riverside Drive, 5B,New York,NY 10025 ✓Vote Record-Resolution RES-2019-149 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ' _ ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ l ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action T ❑ Lost 2019-150 CATEGORY Y. Refund DEPARTMENT. Town Clerk Refund Resident Parking Permit Southold Town Board Regular Meeting February 12, 2019 page 11 RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of$10.00 to the following for the purchase of a duplicate resident parking permit online: Robert Kujawski, 1490 Duck Pond Road, Cutchogue, NY 11935 Ronald Drusin, 420 Riverside Drive, 513,New York,NY 10025 ✓Vote Record-Resolution RES-2019-150 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-151 CATEGORY: Special Events DEPARTMENT: Town Clerk Strawberry Festival 2019 Financial Impact:PD Cost analysis: $23,554.34 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck, NY from Monday, June 10 through Monday, June 17, 2019 for the Annual Strawberry Festival and be it further RESOLVED that the Town Board of the Town of Southold authorizes the Town Clerk to issue a Special Events Permit to the Mattituck Lions to hold its Annual Strawberry Festival at Strawberry Fields Mattituck, NY from Monday, June 10 through Monday, June 17, 2019 provided 1. They file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No permanent markings be placed on town, county or state roads or property for the event; 4. Any road markings or signs for the event be removed within twenty-four(24) Southold Town Board Regular Meeting February 12, 2019 page 12 hours of the completion of the event. Some of the requirements for issuing a Special Permit may be waived. ✓Vote Record-Resolution RES-2019-151 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James DmElizio Jr Voter D ❑ ❑ Withdrawn ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-152 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modification -SWMD Financial Impact:Provide funds for final month of single-stream tip fees. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From: SR 8160.4.400.836 Single-Stream Trucking $9,100 Total $9,100 To: SR 8160.4.400.837 Single-Stream Disposal $9,100 Total $9,100 ✓Vote Record-Resolution RES-2019-152 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended - James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled El Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ 11 Town Clerk's Appt Southold Town Board Regular Meeting February 12, 2019 page 13 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-153 CATEGORY.• Refund DEPARTMENT.• Zoning Board of Appeals Michael Kreger RESOLVED that the Town Board of the Town of Southold hereby grants a refund to the following applicant; the Zoning Board of Appeals has requested the refund, as the variance is no longer required. Michael Kreger $500.00 ZBA#7270 - Kreger, Michael 175 West 60th Street, Apt. 33C New York,NY 10023 ✓Vote Record-Resolution RES-2019-153 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑' ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-154 CATEGORY: Budget Modification DEPARTME ATT. Accounting 2019 Budget Modification-Insurance Reimbursement Financial Impact:Increase police budget for insurance reimbursement to replace equipment RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Southold Town Board Regular Meeting February 12, 2019 page 14 Increase: A.2680.00 Insurance Recoveries $5,119 Total $5,119 Increase: A.3120.2.500.775 Police Equipment, In-Car $5,119 Total $5,119 ✓Vote Record-Resolution RES-2019-154 Il Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - - - --- ❑ Withdrawn James Dmizio Jr Mover El L] -11 11 ❑ Supervisor's Appt William P Ruland Seconder Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter d ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter CSI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-155 CATEGORY.• Special Events DEPARTMENT.• Town Clerk Special Event-Dandelion Festival RESOLVED that the Town Board of the Town of Southold hereby grants permission to Ira Haspel, 59945 Main Road, Southold,New York to hold a Special Event as applied for in Application 2019-1 for a Dandelion Festival May 5, 2019 rain date May 12, 2019 from 11:00 AM to 5:00 PM provided he adheres to all of the conditions in his application and permit, and the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-155 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter El ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Southold Town Board Regular Meeting February 12, 2019 page 15 2019-156 CATEGORY. Performance Bond dDEPARTIVIENT. Town Clerk Rescind Res. 92018-1051 Heritage at Cutchogue RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution#2018- 1051, adopted at the December 18, 2018 regular Town Board meeting, which read as follows, in its entirety: WHEREAS, on April 10, 2017, the Town of Southold accepted a bond in the amount of $105,014.00 in the form of a Bridgehampton National Bank Savings Passbook on behalf of the Applicant, The Heritage at Cutchogue, LLC; and WHEREAS, on April 11, 2017 Town Board of the Town of Southold accepted the passbook in the amount of$105,014.00 in Resolution 2017-341; and WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a request to reduce the bond amount from $105,014.00 to $39,908.00; and WHEREAS, on November 5, 2018 the Southold Town Planning Board reviewed this request and determined the that amount was not sufficient and must be increased to $75,825.00; be it therefore RESOLVED, that the Town Board of the Town of Southold hereby approves, upon the recommendation of the Southold Town Planning Board, the reduction of the performance bond for the Heritage at Cutchogue in the amount of Seventy five thousand eight hundred twenty five dollars ($75,825.00), all in accordance with the approval of the Town Attorney; and be it further RESOLVED, that the Southold Town Clerk is authorized to prepare the Savings Withdrawal slip for Bridgehampton National Bank in the amount of$74,189.00 Pursuant to § 240-34. Forms of security; expiration and terms of bonds; default of the Southold Town Code. ✓Vote Record-Resolution RES-2019-156 Rl Adopted Yes/Aye No/Nay 1. Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter EI ❑ ❑ ❑ ❑ Defeated William P Ruland Mover EI ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn ]ill Doherty Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder, 2 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter R ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting February 12, 2019 page 16 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-157 CATEGORY• Attend Seminar DEPARTMENT. Building Department 2019 Code Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Fire Marshall Robert Fisher, Senior Building Inspector John Jarski, Building Permits Examiner Amanda Nunemaker, Building Permits Examiner Damon Rallis, Electrical Inspector Roger Richert and Chief Building Inspector Michael Verity to attend the 2019 Stony Brook University Code Training Conference, on June 4-6, 2019. All expenses for registration and travel to be a legal charge to the 2019 Building Department budget (meetings and seminars). ✓Vote Record-Resolution RES-2019-157 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-158 CATEGORY. Attend Seminar DEPARTMENT. Police Dept Police Department RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Sergeant John Sinning to attend the Hate Crimes Investigations seminar in Albany, NY from March 5th_6th, 2019. All expenses for registration,travel to be a legal charge to the 2019 budget lines A.3120.4.600.225 and A.3120.4.600.300. Southold Town Board Regular Meeting February 12, 2019 page 17 ✓Vote Record-Resolution RES-2019-158 Q Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-159 CATEGORY. Authorize to Bid DEPARTMENT: Solid Waste Management District Bid on Caterpillar Engine Re-Build SWMD RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the services required to re-build the engine of the Solid Waste Management District's Caterpillar 966G front end wheel loader. ✓Vote Record-Resolution RES-2019-159 Q Adopted ❑ Adopted as Amended ❑ Defeated v Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-160 CATEGORY. Advertise DEPARTMENT: Planning Board Southold Town Board Regular Meeting February 12, 2019 page 18 Advertise RFP for SEQRA Review and the Graphic Design for the Town's Comprehensive Plan Update RESOLVED THE Town Board of the Town of Southold hereby authorizes and directs the Town Clerk Elizabeth Neville to advertise Requests for Proposals from consultants to conduct the SEQRA review and the Graphic Design for the Town's Comprehensive Plan update, in accordance with specifications and qualifications, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-160 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled .lames Dmizio Jr Voter Rl ❑ ❑ ❑ ❑ WitlidrTabledawn ❑ Supervisor's Appt William P.Roland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 121 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-161 CATEGORY.• Organizational -Accounting DEPARTMENT: Accounting / Amend Appointed Officials Salaries RESOLVED that the Town Board of the Town of Southold hereby Amends Resolution No. 2019-13 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby sets the following per annum salaries for the following appointed officials or employees effective January 1, 2019 through December 31, 2019: Deputy Supervisor William Ruland 3,000.00 Justice Court Director Leanne Reilly 101,837.00 Town Attorney William Duffy 127,727.00 Assistant Town Attorney Damon Hagan 112,405.00 Secretary, Office of the Town Attorney Mary Silleck 70,359.00 Deputy Superintendent of Highways Roger Tabor 90,203.00--: Town Comptroller Kristie Hansen-Hightower 145,656.00 Deputy Town Comptroller Connie D. Solomon 97,557.00 Town Historian Amy Folk 20,605.00 Southold Town Board Regular Meeting February 12, 2019 page 19 Secretarial Assistant, Office of the Supervisor, Michelle Tomaszewski 75,583.00 £ Confidential Secretary, Office of the Supervisor, Lauren Standish 78,091.00¥ Secretarial Assistant Christine Foster 66,922.00 £ Principal Account Clerk Lynda Rudder 84,366.00 Y Administrative Assistant Bonnie J. Doroski 66,771.00 Network & Systems Administrator Lloyd Reisenberg 112,984.00 Secretarial Assistant Regina Blasko 66,922.00 Town Director of Human Services Karen McLaughlin 125,748.00 T Senior Citizens Program Supervisor, Jacqui Martinez 01, 0 92,917.00 £ Executive Assistant Jeffrey Standish 112,221.00 T Chief Building Inspector Michael Verity 112,367.00¥ Solid Waste Coordinator James Bunchuck 112,119.00 T Town Planning Director Heather Lanza 125,705.00 £ Town Engineer, Michael Collins 127,727.00 Government Liaison Officer Denis Noncarrow 78,733.00 Deputy Town Clerk Sabrina Born 2,500.00 Deputy Receiver of Taxes Barbara Turner 1,500.00 Deputy Solid Waste Coordinator David Zuhoski 5,000.00 Tree Trimmer Thomas Skabry 2,500.00 Deputy Public Works Department Head Aaron Avent 5,000.00 Superintendent of the Fishers Island Sewer District, Michael Collins 5,000.00 Fishers Island Highway Foreman, James Rogers 6,000.00 T plus 8% longevity ¥ plus 7% longevity plus 6% longevity £ plus 5% longevity ✓Vote Record-Resolution RES-2019-161 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent El Tabled _ James Dnuzio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-162 CATEGORY. Attend Seminar Southold Town Board Regular Meeting February 12, 2019 page 20 DEPARTMENT. Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby 14rants permission to PO Robert Haase to attend the Aquatic Death and Homicidal DrowninLy Investilzations Training in Suffolk County NY from 2/26/19-2/27/19.All incidental expenses to be a legal charge to the 2019 budget A.3120.4.600.225 ✓Vote Record-Resolution RES-2019-162 RI Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay Abstain Absent ❑ Tabled -- - - - - - -- - -- ❑ Withdrawn James Dmizio Jr Voter ❑- ❑ ❑ ❑ Supervisor's Appt William P Roland Voter El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 13 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-163 CATEGORY. Attend Seminar DEPARTME� ATT. Town Attorney Attend Conference-Baylinson RESOLVED that the Town Board of the Town of Southold hereby grants permission to Code Inspector Lester Baylinson, to attend the 2019 Stony Brook University Code Training Conference, on March 19-21, 2019. All expenses for registration and travel to be a legal charge to the 2019 Code Enforcement budget (meetings and seminars). ✓Vote Record-Resolution RES-2019-163 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Roland Voter z ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 10 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosto Mover Q ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Board Regular Meeting February 12, 2019 page 21 2019-164 CATEGOR E- Bid Acceptance DEPARTMENT: Engineering Award Architectural&Engineering Services for Town Hall Annex Improvements to L.K McLean Associates, P.C. RESOLVED that the Town Board of the Town of Southold hereby authorizes Scott A. Russell to enter into a professional services contract with L.K. McLean Associates, P.C., for architectural & engineering services associated with improvements to the Southold Town Hall Annex, at a cost not to exceed $218,900, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2019-164 0 Adopted ❑ Adopted as Amended ❑ Defeated — ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-165 CATEGORF. Property Acquisition Public Hearing DEPARTMENT: Land Preservation PH 2126 4:30 Pm MDH, LLC Dev Rights Acquisition RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 26, 2019, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by MDH, LLC. Said property is identified as part of SCTM #1000-120.-3-2. The address is 260 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck, New York. Southold Town Board Regular Meeting February 12, 2019 page 22 The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.0± acres (subject to survey) of the 10.6± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seven hundred fifty dollars),per buildable acre, estimated at $502,000.00 (five hundred two thousand dollars) for the 8.0± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and identified as SCTM #1000-120.-3-11.8. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2019-165 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 9 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ID ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter CSI ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-166 CATEGORY. Property Acquisition Public Hearing DEPARTME ATT: Land Preservation PH 2/26 4:30 Pm 410 Sound Ave LLC Dev Rights Acquisition RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 26, 2019, at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New fork as the time and place for a public hearing for the purchase of a Southold Town Board Regular Meeting February 12, 2019 page 23 development rijZhts easement on property owned by 410 Sound Avenue, LLC. Said property is identified as part of SCTM 41000-120.-3-11.8. The address is 410 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 925 feet west of Aldrich Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 7.7± acres (subject to survey) of the 10.3± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $483,175.00 (four hundred eighty-three thousand one hundred seventy-five dollars) for the 7.7± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the west and identified as SCTM#1000-120.-3-2. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2019-166 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-167 CATEGORY.• Budget Modification DEPARIMENT: Police Dept Police Department-Budget Modification Southold Town Board Regular Meeting February 12, 2019 page 24 Financial Impact: Reallocation of budgetary funds to the 2018 budget to adjust negative balances RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From A.3020.1.100.100 Public Safety Comm/FT Employees/Regular Earnings $3,500 A.3120.1.200.100 PT Employees/Regular Earnings $3,270 Total $6,770 To: A.3020.1.100.200 Public Safety Comm/FT Employees/Overtime Earnings $3,500 A.3120.1.300.100 Seasonal Employees/Regular Earnings $3,270 Total $6,770 ✓Vote Record-Resolution RES-2019-167 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter -0 ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-168 CATEGORY: Property Acquisition Public Hearing DEPARTMENT.- Land Preservation P.H. 2/26 4:30 Pm-Robinson Dev Rights Easement Acquisition RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 26, 2019, at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by the Estate of John W. Robinson. Said property is identified as part of SCTM #1000-100.-2-4. The address is 2105 Oregon Road in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is Southold Town Board Regular Meeting February 12, 2019 page 25 situated on the northerly side of Oregon Road approximately 1000 feet westerly from the intersection of Oregon Road and Elijah's Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.25± acres (subject to survey) of the 34.5± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $64,100 (sixty-four thousand one hundred dollars) per buildable acre, estimated at $1,939,025.00 (one million nine hundred thirty-nine thousand twenty-five dollars) for the 30.25± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination,plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2019-168 Lel Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ____ _ ___ ❑ Withdrawn James Dmizio Jr Voter Rl ❑ ❑ El ❑ Supervisor's Appt William P Ruland Voter lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 14 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder lZ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-169 CATEGORY. Committee Appointment DEPARTMENT. Town Clerk Amendment to Southold Town Helicopter Noise Steering Committee WHEREAS the Town Board of the Town of Southold established a Southold Helicopter Noise Steering Committee with resolution #2014-817 adopted at the October 7, 2014 regular Town Board meeting for the purpose of assisting the Town Board in developing strategies and proposing solutions for addressing helicopter noise over the North Fork, and Southold Town Board Regular Meeting February 12, 2019 page 26 WHEREAS, anticipating that the committee would not be a long-term standing committee, and WHEREAS,the issue of helicopter noise over the North Fork has gotten worse since the committee's inception, the FAA extended the use of the North Shore route, and matters concerning the North Shore Route continue to be studied and adjudicated by various municipalities and organizations, and WHEREAS because of the continuing work needed to combat helicopter noise over the skies of Southold Town , the establishment of the Southold Town Helicopter Noise Steering Committee will be a long standing committee. and WHEREAS, at the establishment of the committee in 2014, terms of service for the committee members were not established, and WHEREAS there has been a turn over in membership due to the length of the on-going problem and it would benefit both the members and the Town to establish terms of service on the committee,now there for be it RESOLVED that said committee will be comprised of five (5)members of the community including a chairperson, all as appointed by resolution of the Town Board, and be it further RESOLVED that the members of the committee shall serve for a term of four(4) years, provided that the initial term of two (2) members shall be for two (2) years and the initial term for three (3) members shall be for four(4) years, and be it further RESOLVED that initial terms shall start April 1, 2019. ✓Vote Record-Resolution RES-2019-169 R1 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Jr Mover ❑ El ❑ Supervisor's Appt Wilham P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-170 CATEGORY.• Ratify Fishers Island Reso. DEPARTMENT. Town Clerk Southold Town Board Regular Meeting February 12, 2019 page 27 FIFD 1/30/19 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated January 30, 2019, as follows: FIFD resolution# Regarding 2019 019 Budget Mod 2019 020 Professional Services/MJBA 2019 021 Munnatawket Bottom Paint 2019 022 Professional Services 2019 023 Professional Services/Award Actuarial Services ✓Vote Record-Resolution RES-2019-170 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter lZ 0 - `❑ _. 17 ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover CEJ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter R1 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-171 CATEGORY. Home Rule Request DEPARTMENT.- Town Clerk Assembly Bill A.2852 and Senate Bill S.2523 WHEREAS, a bill has been introduced in the State Legislature as Senate Bill 5.2523 and Assembly Bill A.2852 and i WHEREAS,the bill would amend the real property tax law, in relation to the extension for payment of real property taxes by furloughed or designated non-pay federal employees; now, therefore, be it RESOLVED that pursuant to Article IX of the Constitution, the Town Board of the Town of Southold hereby requests the enactment of Senate Bill S.2523 and Assembly Bill A.2852 entitled "AN ACT to amend real property tax law, in relation to the extension for payment of real Southold Town Board Regular Meeting February 12, 20,19 page 28 property taxes by furloughed or designated non-pay federal employees. ✓Vote Record-Resolution RES-2019-171 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-172 CATEGORY: Local Law Public Hearing DEPARTMENT.• Town Attorney PH 2126 4:30 Pm-LL Moratorium Re State Road 25 WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 12`I' day of February 12, 2019, a Local Law entitled "A Local Law in relation to a Temporary moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" so now therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 26`h day of February, 2019 at 4:31 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 a Temporary moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" . A Local Law entitled, "A Local Law in relation to a Temporary moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Southold Town Board Regular Meeting February 12, 2019 page 29 Intersection and surrounding area" . BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Purpose The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a "Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road at the Love Lane intersection as well as at other intersections immediately to the East and West of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have voiced their concerns regarding the risk to the health, safety and welfare of the community and the need for improvements to the infrastructure at the intersection of Main Road and Love Lane. Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane as has having a negative effect on local businesses. Although Main Road is a road owned and maintained by the State of New York, the Town Board has commissioned a traffic study of this area to identify the issues that need to be addressed and propose solutions and improvements to the infrastructure. The traffic study has reached a critical phase wherein the Town is meeting with New York State Department of Transportation officials to determine which of the various proposed improvements to the infrastructure the State would deem acceptable and willing to implement or allow the Town to implement. The Town Board realizes that, based on the proposed infrastructure improvements to improve traffic flow at the intersection of Main Road and Love Lane contained in the initial draft of the Traffic Study,there is a possibility of impacts to other intersections in the area where Main Road intersects with local roads. Although the present study is analyzing three intersections in the area, there are 5 more intersections in the area where Main Road intersects with a local road where there is no signal and/or no crosswalk to safeguard pedestrians. Therefore, after reviewing initial drafts of the traffic study, the Board is of the opinion that the traffic study needs to be expanded to address these additional intersections along Main Road. In addition to the traffic study commissioned by the Town Board,the Town of Southold Planning Board has recently completed a study of the parking in the Love Lane area and determined that there is a need for more public parking in the area. The Town Board is also nearing completion of updates to the Town Comprehensive Plan and expects to be in a position to adopt those changes over the next several months. The Comprehensive Plan will also contain recommendations as to infrastructure improvements and land use at the Route 25 and Love Lane intersection and surrounding area. The Town Board wishes to be able to consider the proposals and recommendations contained in the various aforementioned plans; consider various alternatives to current zoning along Main Road; as well as implement improvements to the infrastructure and adopt any recommended land use changes, to insure the health, safety and welfare of the community to address the recent drastic increased demands on the infrastructure in the area around the Main Road/Love Lane Intersection and surrounding area. Given the reasons and facts set forth above and until the planning process is completed, Southold Town Board Regular Meeting February 12, 2019 page 30 the Town Board finds it necessary to impose a moratorium as set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the hamlet of Mattituck as well as those visiting the Love Lane area. Section 2. ENACTMENT OF A TEMPORARY MORATORIUM Until six (6) months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the six (6) month period, no agency, board, board officer or employee of the Town of Southold including but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the property situated along State Route 25, bounded on the West by intersection of State Rout3 25 and Bay Avenue and bounded on the East by the intersection of State Route 25 and Pike Street. Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND SURROUNDING AREA" The State Route 25 and Love Lane intersection and surrounding area is hereby defined as the area bounded by the following public roads: All properties along State Route 25 in the hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and State Route 25 and Pike Street on the East. Section 4. EXCLUSIONS This Local Law shall not apply: 1) to any person or entity who/which has,prior to the effective date of this Local Law, obtained all permits required for construction of a building on any property located in the State Route 25 Love Lane Intersection and Surrounding Area including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium. 2) To any permit or application regarding a single family dwelling unit to be used solely for residential purposes. 3) To any application by a municipal corporation or special district or fire district. Section 5. AUTHORITY TO SUPERCEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this Local Law is intended pursuant to Municipal Home Rule Law sections 10(1)(ii)(d)(3) and section 22 to supercede any said inconsistent authority. Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b(2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the person's or entity's premises or a Southold Town Board Regular Meeting February 12, 2019 page 31 portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of this Southold Town Code applicable to such use or construction. Section 7. 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 impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ✓Vote Record-Resolution RES-2019-172 Rl Adopted ❑ Adopted as Amended ❑ Defeated - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter R1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-175 CATEGORY. Enact Local Law DEPART1VBtVT: Town Clerk Enact LL- Change of Zone Reeve &Sons Inc WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 18th day of December, 2018, a Local Law entitled "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM 91000-140-01-6, from B (General Business) &R-40 to LB (Limited Business) &R-40"; and WHEREAS, on January 30, 2019, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and WHEREAS, on February 12, 2019, 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; and , WHEREAS, the public hearing is officially closed; now, therefore, be it Southold Town Board Regular Meeting February 12, 2019 page 32 RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review for the subject change of zone; and be it further RESOLVED that the Town Board of the Town of Southold hereby adopts a negative declaration for the purpose of SEQRA review and finds that the subject change of zone will not have a significant effect on the environment and that a Draft Environmental Impact Statement will not be prepared; and be it further RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM#1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) &R-40 and be it further"which reads as follows: LOCAL LAW of 2019 Section 1. Purpose. A local Law to change the zoning of the parcel known as SCTM#1000-140-01-6, from B (General Business) &R-40 to LB (Limited Business) &R-40. Section 2. Code Amendment. Based on the goals of the Town, and upon our consideration of the recommendations of the Town Planning Board, the Suffolk County Planning Commission, and the public comments taken at the public hearing and otherwise, we hereby amend the official Zoning Map of the Town of Southold as adopted by Section 100-21 of the Town Code to change parcel SCTM#1000-140- 01-6, from B (General Business) &R-40 to LB (Limited Business) & R-40. The property is located at 1605 Wickham Avenue, Mattituck,New York. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2019-175 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter ❑ ❑ ❑ 0 0 Tabled William P Ruland Voter d ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 13 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover Rl ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt H.w'ysAppt Southold Town Board Regular Meeting February 12, 2019 page 33 ❑ No Action ❑ Lost Next:2/26/19 4:30 PM VI. Public Hearinj4s Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearinIZ. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell PH 2/12 7:00 Pm -Harold Reeve & Sons,Inc COZ COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the change of zone application of Harold R. Reeve & Sons regarding a portion of the property identified as corner of County Route 48 and Wickham Avenue, Mattituck,New York, SCTM#1000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) &R-40 and be it further NOTICED that pursuant to the requirements of Section 265 of the New York State Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearing on the 12"' day of February, 2019 at 7:00 PM at Town Hall located at 53095 Main Road, Southold,New York, and directs the Town Clerk to publish notice of such application in the Suffolk Times not less than ten (10) days nor more than thirty (30) days prior to such hearing, on a proposed Local Law entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a portion of property identified as corner of County Route 48 and Wickham Avenue, Mattituck,New York, and on the Suffolk County Tax Map as Lot#1000-140-1-6 from B (General Business) and R-40 (Residential) to LB (Limited Business) and R-40 (Residential) all that certain plot, piece or parcel of land , lying, being and situate in Mattituck, Town of Southold, County of Suffolk and State of New York, and more particularly being bounded and described as follows: BEGINNING at the southeasterly corner of the premises described, at the southwesterly corner of land now or formerly of Dinizio, distant 190.42 feet from the intersection of the westerly end of a curve or line connecting the northerly side of Middle Road (county Route 48) with the westerly side of Wickham Avenue; and from said point of beginning running along the northerly side of Middle Road (County Route 48) South 43 degrees 12'20" West 265.39 feet to Maiden Lane; Running thence along the westerly side of Maiden Lane North 48 degrees 57'30" West 301.61 feet; Running thence South 41 degrees 02 minutes 30 seconds West 94.89 feet; Running thence along the are of a curve bearing to the right, having a radius of 50 feet, a distance of 29 feet; Running thence along the arc of a curve bearing to the left, having a radius of 25 feet; a distance of 26.18 feet; Running thence North 43 degrees 12' 20" East 88.40 feet to Southold Town Board Regular Meeting February 12, 2019 page 34 land now or formerly of Heyliger; Running thence South 39 degrees 07'20" East 67.52 feet; Running thence South 43 degrees 41'20" East 227.79 feet to the northerly side of County Route 48 to the point or place of beginning. Subject to adjustment of northerly boundary pursuant to subdivision map; Remaining property will remain R-40 Residential zoned. Subject property consists of 224,086 square feet= 5.1443 acre. Any person desiring to be heard on the proposed amendment should appear at the time and place above so specified. That was a tough read. I do have an affidavit of posting here and it was signed and notarized that this hearing was put on the Town Clerk's bulletin board and on the Town's website. Also a signed and notarized affidavit that it was published in the Suffolk Times. I have an affidavit of mailing that the appropriate neighbors have been notified of this hearing and I do have a SEQRA determination from the Planning Board office in the Town of Southold, `Resolved that the Southold Town Planning Board is lead agency pursuant to SEQRA hereby makes the determination of non-significance for the proposed action and grants a negative declaration.' I have further Planning Board comments here from Don Wilcenski the Chairman, which is in the file, `Thank you for the opportunity to provide comments on the proposed change of zone on the portions of SCTM # 1000-140-1-6 from R-40 and B zoning districts to LB zoning district. The Planning Board is restating the decision as outlined in the previous memorandum sent to the Town Board on July 16, 2013 which is attached which identifies concerns over expansion of the commercially zoned area and the incompatibility of a future restaurant or winery use for the surrounding RO and R-40 parcels improved with single family residences. A hotel use identified as a previous concern was removed from the change of zone request by the applicant. The request proposes a significant enlargement of the commercial lot area, from 25,000 square feet to 80,400 square feet (a 31% increase) that would allow a more expansive commercial build out than the existing B zoned area. It is important to point out that the adjacent parcel to the northeast is also zoned B, however, RO and R-40 zoned parcels improved with residences occur to the north of the B zoned parcel, RO zoned parcels improved with residences occur to the southwest (6 parcels) and to the southeast across Rt. 48 (6 parcels). A future restaurant or winery on a 1.84 acre parcel may be deleterious to the residential area and are better located within the hamlet center. If the Town Board is not inclined to condition a change of zone to the LB district as described above, the Planning Board recommends that the Town Board consider the RO zoning district as an alternative to the LB zoning. The RO zone allows a restaurant through special exception oversight and a winery is not permitted. The purposed of the RO zone is to provide a transition area of less intense uses from business zoned parcels to low density residential neighborhoods along major roads. In this case, the RO transition zone would alleviate the potential of locating incompatible, intense commercial uses adjacent to the existing residential uses. Another point of difference should be noted is that the minimum lot size in the RO zone is 40,000 square feet (where LB is 80,000 square feet) and if the applicant and the Town Board agree to this alternate zoning district, the applicant may want to reconsider the design of the subdivision.' And from the Suffolk County Department of Planning, `the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant county-wide Southold Town Board Regular Meeting February 12, 2019 page 35 or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval.' And that is all I have. SUPERVISOR RUSSELL: As a point of clarification because in the first paragraph, it references SCTM#48-2-44.2,that is actually located in Greenport outside the village. Is that... JUSTICE EVANS: What does it say on the legal notice? COUNCILMAN GHOSIO: On the legal notice? SCTM#1000-140-1-6. JUSTICE EVANS: So it's wrong in the... SUPERVISOR RUSSELL: So we need a correction there. Greenport is located outside the village in Greenport and the issue of Light Industrial is not on the table tonight. We need to amend that. JUSTICE EVANS: You mean on the agenda for the inaction? Inaudible. This is the legal notice. SUPERVISOR RUSSELL: That's correct, it appears incorrectly on the agenda. That needs to be noted. COUNCILWOMAN DOHERTY: So it was advertised correctly? SUPERVISOR RUSSELL: Yes, it was advertised correctly, it's just, it appears on the agenda, that's the incorrect tax map number and the incorrect action on the first paragraph. We'll amend that. In the meantime, I will ask anybody that would like to address the Town Board on this local law to please feel free? COUNCILMAN DINIZIO: I would like to recuse myself from this hearing as I have a relative that lives right next door. (Inaudible) So in order to avoid any appearance of impropriety, I am going to recuse myself from all matters on this. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this? What I will do, Leroy, I will let Gail speak first on behalf of the applicant and then I will let you comment after. ABIGAIL WICKHAM: Thank you. Abigail Wickham of Wickham, Bressler and Geasa of Mattituck, representing the applicant Harold R. Reeve and Sons, Inc. I am a little thrown, because there is no podium or mic here but since there's no mic there, if it's okay... SUPERVISOR RUSSELL: There is a microphone at the podium. MS. WICKHAM: Well, should I speak from there then? Because I do have maps over here but I will try... Southold Town Board Regular Meeting February 12, 2019 page 36 SUPERVISOR RUSSELL: I can help you move those. MS. WICKHAM: No, this is okay. I think this will work. The first thing I would like to start with this evening is why is the applicant asking for this change of zone? The first thing I would like to point out and I know you all know this, is this is at a busy, commercial intersection in Mattituck. I am going to hope that this will work over to here. This map on the left is the current location of the property and the surrounding area and you have Route 48, a four lane highway and Wickham Avenue right there, so that is a very busy intersection. The halo district in Mattituck that was set by the stakeholders goes up into the business zone which is that raised strip along the Route 48. The configuration of the property is odd because it is a split zone. The property on the north side is residential along Route 48 it is business zone where you see the red. The red extending over to Wickham Avenue is Dinizio's service station. The red that goes north ward, that's slightly lighter, that is part of the site plan that was approved for the Reeve buildings that are there now. there are three commercial buildings that have a CO and site plan approved and the Planning Board years ago agreed that that entire strip was part of the B zone and in fact, originally the B zone was much larger, it was abbreviated somewhat by the widening of Middle Road to Route 48 and in the 80's there was a further rezoning that reduced the depth of the B zone. So historically it has been chipped away by the town and the applicant is left with a part B part residential zone. So we went to the town six or eight years ago and discussed with them the best way to handle that would be and it resulted in this plan which we have been following since then. What this plan does is bring this property more in keeping with appropriate procedure for development which is a single zone on each parcel. And a layout that eliminates the intense B use which is very predominant on the property, it takes up almost half the property while expanding from a R-40 to a slightly more intense use of limited business to eliminate the split zone and compensate for the loss by the applicant of the B zone. Now while the B zone is limited in size, I will note that there is an area behind it where the property will be, is residential now and we are asking that it be moved to LB as in the orange area here. This map over here is the proposed zoning. And the reason we think that, one thing the applicant could have done at the outset which has happened in several parcels in the town where they have a strip of business on the highway and then residential behind is to as the Zoning Board of Appeals for a variance to use that rear area as parking for a commercial site or even go for a full B zone determination on the entire parcel. I would refer you to the property in Mattituck which is now the Capital One branch, that property when it was owned by the prior owner received a variance by the prior owner received a variance from the Zoning Board of Appeals to do just that. That is Zoning Board of Appeals # 6013, I will be providing that to you as part of the record tonight. Further, the Mullen Motors was given variances for a similar type of usage for their back parking lot along Cottage Lane which is in a residential area in Southold under ZBA # 5598 and 5599 which I will also provide to you. And further and back into Mattituck, East End Sporting Goods obtained a zoning of its rear parking area from R-40 to B zone for purposes of parking in the rear. Again, all of that parcel was in a residential area. So there is precedent in the town for using that current high intensity B zone and asking the town for relief right behind it. We chose not to do that. We chose to go with what we thought was a more moderate approach of reducing and eliminating the B zone to the less intensive LB uses in exchange for giving up the B zone and providing a lot of other mitigation methods that I will mention in the immediate future. And in fact, Nelson, Pope and Vorhees report that was commissioned by the Planning Board which Southold Town Board Regular Meeting February 12, 2019 page 37 the applicant paid for in connection with the SEQRA process indicated that it creates a much better resolution of the zoning area. Now I want to tell you what exactly it is that we are looking for and again, I want to refer to the map. You will notice that this is in the proximity of a major intersection, the surrounding properties have an intensity of usage of different areas. The purple is Light Industrial on the south side of Route 48, the pink is Residential Office along much of the south side of Route 48 and on the north side of Route 48 on the west side of Maiden Lane. The M-2 zoning is shown in blue, while that looks very pretty, M-2 is actually a very intense use and as you look at the marina that is located to the north of this property, that has outdoor boat storage, it has big buildings with indoor storage and servicing, it has a restaurant, pool club, it has a lot of different things in addition to the marina. So we feel that the surrounding properties and zoning in that area are not pristine residential. In fact, that residential area that you see is really a pocket of residential engulfed in higher intensity uses. And the residential portion of this property which will remain, coming over to this map, which is right along, it's called a creek but it's pretty shallow there, that will be buffered and really have the biggest residential impact than the other two. So you can see this business area here, LB, is still going to be a buffering effect. It's not going to be the harsh red you see here. The only properties, and I am sorry now I am going to have to come over to the map if I may, the only properties that are going to be affected, I would like to point out right now. As I mentioned, here we have B on the corner we have Dinizio's service station, heavy usage. We have next to it, RO zoning and it's a residence now but its RO zoned. These two parcels are both residential zoning, this northerly one here is the one owned by Mr. Heyliger. He has owned it for some time but I understand when he purchased it from one of Mr. Reeves relatives years ago, the relative gave him an additional 15 feet of side yard so that he would be protected from any kind of road that would ever come up in here for development. Further, this green area indicates the buffering that the Planning Board is going to employ on this map when we do site plan, so there will be another 15 feet of buffering along there. These two parcels, while they are residential, will be protected by a buffer here as well as the fact that there are currently three big commercial buildings that have been there for years as part of the Reeve operation. So these people are really not affected negatively by the limited business because the buildings are already there and they will be given additional buffering besides. This parcel was just recently purchased up here and they were aware of the application at the time they went into contract. This parcel here, 141.3 was acquired by the current owner in 2018,just after, well after this project started. We filed the zoning notice to adjoining neighbors in February 2014 and had a Planning Board public hearing in the middle of 2015. So the neighborhood has been aware of this for a long time. These two are the other two residential parcels that would be affected. This one,just to the east of Maiden Lane, 140-1-7 was purchased in 2016, well after all this began and as you can see, the only portion of their property that is near this piece of property is the rear of it, behind the garage and there's a lot of buffer here. I explain that more later on but it's not going to be in the brunt of that business umbrella and this piece is hard up an M-2 property which I mentioned before can be very, very intensive developed and that has been there for a long time and there's also here, an RO buffer. All of those.... COUNCILWOMAN DOHERTY: Gail, can I ask you to, I know you are supposed to be talking to the Town Board but to tilt the map a little bit so the people in the audience can see it a little better? Southold Town Board Regular Meeting February 12, 2019 page 38 MS. WICKHAM: Yeah, I don't know how to do that without... COUNCILWOMAN DOHERTY: That's good, right like that. SUPERVISOR RUSSELL: You are going to have to swing out the.... COUNCILWOMAN DOHERTY: That's better. Thank you. MS. WICKHAM: I am not technologically adept to have a video screen up there, otherwise, we wouldn't have a problem. COUNCILWOMAN DOHERTY: I don't think that's working anyway. MS. WICKHAM: And I would also mention that the three residential lots that are proposed on our lot also mitigate as part of how that would all blend into the change of the zone. Now, if I could take a minute to go through the impacts this will have, for that I would like to refer specifically to the SEQRA review that was done quite extensively by as you know, the Planning Board as lead agency and you do have that information in your file but I am going to go through it. As I mentioned, the SEQRA review was based on the Nelson, Pope and Vorhees consultant report which was acting as agent for the town, not the applicant. They issued a negative declaration, indicating no negative impact was expected on the property as a result of this. The findings of the negative dec based on both the Planning Board's extensive review as well as the Nelson Pope and Vorhees report state that lot 4 which is the business lot we were talking about, complies with LB districts zoning minimum lot area width and depth requirements and would be developed with an LB use in the future. What's important to note on that aspect is that any development there is going to be subject to extensive site plan review by the Planning Board in terms of lighting, building placement, buffering, parking etc. etc. etc. The Nelson Pope and Vorhees report and I am quoting from the SEQRA found that significant land use impacts from the action are not anticipated if the recommendations of the report, the requirements of the town code and standard conditions are approved and implemented. I would like to now go to the Nelson Pope and Vorhees report itself which was, unfortunately was not on the website until just recently but we were able to access it yesterday and I have it here in front of me. They site the primary purpose proposed limited business district is to accommodate limited business activity along highway corridors, outside the hamlet's central business district that is consistent with rural and historic character of the area. Existing general business zone does permit land uses that are traditionally more intensive. That would include, if I may, gas stations, laundromats, car washes, take out restaurants which have high traffic turnover, as well as a number of other uses that I will provide for you shortly. The Nelson Pope and Vorhees report states "it is not anticipated that significant land use impacts will result from the rezoning. If the recommendations of this EAF and the requirements of code are adhered to, in fact, the limited business may provide for a better transition to adjacent residentially zoned and developed land with suitable mitigation measures such as but not necessarily limited to providing adequate screening buffering, wetland setbacks and other resource protection techniques. What those will accomplish, what those will include and I want to make sure this is very clear to the Board tonight is that the applicant has agreed to extensive mitigation on both the residential and the Southold Town Board Regular Meeting February 12, 2019 page 39 business lots in order to lessen the impact of the development that is proposed. There will be a covenant restricting use of sanitary systems on the residential lots other than the new alternative system. So those alternative systems will be required as well as the alternative and those are the lower nitrogen generating systems, providing we get Suffolk County Health Department approval for them and we understand the health department is allowing them in residences and is working on them in commercial. That will mitigate the nutrient loading impacts and encourage water conservation. Covenants will also include required use of native drought tolerant plants in landscaping, use of only organic fertilizers and severe restrictions on the amount of fertilizer, the type of fertilizer, and the time during which fertilizer can be applied in order to prevent intrusion into the groundwater table and the wetlands. While the subdivision is not before you tonight, I want you to see that there is a 100 foot natural buffer along the wetlands, waterfront on the residential piece. That's a big buffer that is not always acted upon but we did agree to that, it's a non-disturbance buffer. There will also be limited creek access in terms of being able to access the creek. A four foot wide path on each lot will be the only access and then whatever waterfront structures the Trustees would allow at such time as an application is made to them, so that will be up to the Trustees. SPEDES permit will control stormwater and protect surface waters when the actual construction occur. So the conclusion of the SEQRA report on this category says `adverse impacts from the three single family residences and potential future commercial use on lot 4, that's the one before you tonight, to ground water quality, quantity and surface waters are expected to be low due to the mitigation.' The other thing that SEQRA looked at was impact of the development on flooding and because of the 100 foot setback and location of the flood zones and required flood resistance construction design, flooding risk to structures will be mitigated and therefore adverse impacts are expected to be low. No significant adverse impacts are resulting from air quality. Clearing limits will be required. I would like to point out that one major difference between business zone and limited business which we are proposing is that the, well, the lot size is bigger, the landscaping and buffering is much greater and so you are looking at least 30% landscaping required on the Maiden Lane side, the Planning Board has asked and the applicant has agreed to provide a 25 foot buffer, whereas 20 is what is normally required. So they have acceded to increase the buffering along that side and there also will be buffering along the north side as well. And of course, along Route 48. Another difference is that with a B zone, you can have a business use almost right up on the highway, whereas there are more stringent setbacks off Route 48 if you have a limited business. And all those things, parking etc., they all impact on how big a development you can have on that lot and I will get to that in a minute. Further the site plan review will address parking, circulation, landscaping, screening, buffering, outdoor lighting, commercial building design and if you have been through a site plan review lately on a commercial project, you know they get every aspect on the map and enforced. So potential adverse impacts to aesthetic resources are expected to be low, according to the SEQRA report. The parcel is not located within a critical environmental area. The site distance on terms of impacts on transportation, the site distance on Wickham Avenue and also along CR 48 is conducive to good sight visibility and is controlled by traffic signalization. The intersection has sidewalks, cross walks, turning lanes and adequate lighting. Now, one very, very important thing that I think led to the letter from the Planning Board which I need to correct in the record, is the commercial lot buildout and trip generation. When we did the SEQRA review for this potential building lot, the consultants, and we worked together on coming up on what would the traffic generation be from the proposed uses that would be allowed in a limited business district Southold Town Board Regular Meeting February 12, 2019 page 40 because you are going to a bigger site and the applicant, way back in the beginning agreed to eliminate the hotel use because we felt that was quite intensive and might not be in keeping with the area and he agreed voluntarily that there will be a covenant against a hotel use which will otherwise be required. A restaurant use, not a take out, but a restaurant use and a winery use were allowed and those were the two that the Planning Board although we have discussed that with them for years and years, the Planning Board was concerned about and when this report just came out fairly recently on the revision, they cited a restaurant use that was possible for a 13,000 square foot restaurant with 520 seats and I have for the life of me not been able all this time to be able to duplicate that and see how they came up with it. what they did is they asked us to come up with a, or they came up with a model, a projected model of what your worst case scenario would be and when they came up with 13,000 feet, I just got this information yesterday because this part of the report for,some reason was not on the Planning Board website, what they did is they took 80,000 square feet in our limited business zone, reduced that by 30% because of the landscaping, 30% and then took out a little for parking and a little bit for this and that and then worked with the building size. They didn't take into account several different things, number one, they didn't take into account traffic aisles and all these things that are going to need room, they didn't take into account that in a limited business zone you need your maximum building feet is 60 feet, that you didn't change; you changed it in other zones but in this zone your maximum building width is 60 feet. And therefore, you can't have a massive building size, you have to have smaller buildings. And most importantly they didn't take into account the SCHD standards for restaurants and I conferred with Young and Young on this to make sure my information was correct, the SCHD on this type of property where there are public water and not public sewers allows 600 gallons per day flow, we have two acres, almost two acres so that would be 1,200 gallons per day and I'm talking in round numbers here, for a restaurant they require 10 gallons per day, so if you divide 1,200 by 10 you get 120 seats. You can't get a 13,000 square foot building. There's no way. You can't get 520 seats, there's no way. We estimate about 40% of that size, so I think that is one reason and probably the main reason that the Planning Board recommended that we eliminate a restaurant use from this zone and presumably a winery as well. Although the winery use is much less significant. That being said, even with Nelson Pope and Vorhees projecting a 520 seat restaurant, they still came up with a traffic analysis that said that that would not be a problem at this site because of the design of the roadway and the accommodatability of the road to have that traffic. So just to be clear, we are not talking about a restaurant anywhere near that big and if you take one that's 60% less, there's definitely not going to be a traffic impact. The winery use on a parcel they also looked at and basically peak hour trips and again they projected a much bigger building than could possibly be built here, because they didn't, in all fairness they weren't working off a real plan, they were just doing projections on a model basis. They came up with peak hour 17 trips plus special events would be 80 trips but we know that the town has a special events law so no special events are going to occur unless there's an appropriate application and that is reviewed. So even given those miscalculations, they concluded that while some impacts of transportation would occur that these impacts are not expected to be significant given the overall volume of traffic on Route 48 and road design. Continuing along, impacts on energy, expected adverse impacts on energy from the proposed action are low. Adverse impacts from noise are expected to be short-term and those would be primarily from construction which can be contained, again, in the site plan process by a limitation on timing and noise decibels as well as your town ordinance. The other Southold Town Board Regular Meeting February 12, 2019 page 41 thing they looked at was consistency with community plans. The Planning Board provides buffering and screening in practice and a transition buffer of 25 feet will be required between future commercial use and residential use. There will only be one curb cut, the Planning Board will analyze the building orientation effects on scenic qualities. The other thing I would like to talk about in terms of community character is the fact that, as I mentioned before, this parcel originally had a much larger business zone which due to various town actions was cut back, so the applicant has really been suffering from the effects of that all along and I also happened to look today at the Route 48 rezoning project, some of you remember that, and on that Route 48 rezoning project this piece was actually recommended by the consultants and the town for an M- 2 zoning on the entire parcel. That would have had a pretty big impact on the surrounding residential area but it wasn't adopted but it was recommended and it was proposed in the impact. So this is a piece, as I say, it's right in the heart of commerce in Mattituck, you can see there's a tremendous amount of RO zoning already, how much more can an area adapt if they were to add this RO to the mix? That's a lot of RO zoning and I really think given that pocket of the area that the LB is a buffer between what's there now in terms of the higher and lower uses. And I am sorry, it's 35% landscaped area. I misspoke when I said 30. If you would indulge me for just another minute, I am almost done. I would like to just review for you briefly what some of the uses, I mentioned a few of them, are allowed in a B zone that are not allowed in an LB zone because it's less intense. Number one, large retail stores, and as I mentioned, if you put your retail upfront and you ask the town to allow the parking in the back where it's residential, that's where you may have a retail availability, busses and train stations, laundromats, wholesale businesses, public private warehouses, beverage distributors, convenience stores, gas stations we mentioned, private transport service, garage and maintenance. These are all allowed in a B zone but not in a LB zone. The uses allowed in a RO, if this were to be changed to RO, would be extremely restricted and I have a list of them, basically they are bed and breakfast, professional office, we have quite a few of them around town, I don't know what the demand for that would be. Churches,places of worship, libraries, museum, art galleries, small business offices, we have got a lot of RO there that's already available for that, by special exception of ZBA-a funeral home. And restaurants. So there we are, back to restaurants. Custom workshops which again are a difficult sell. So the B zone is more intense than I think people would like, the RO zone is more moderate than I think is appropriate here and I would ask that you consider seriously the LB zone with all of the mitigation and history and planning that went into that. you are going to hear some impassioned pleas from neighbors tonight and conservation organizations and I understand nobody likes change but there has to be healthy balance between a well-placed and well-planned commercial use in a town and less intense uses including residential. It's already a very, very mixed residential neighborhood. It's not predominantly residential and we are proposing extensive mitigation buffering in connection with the development. So I ask you to let me know if you have any questions, I do have the materials that I mentioned as part of my presentation to give to the Clerk for her records and if you have any questions, I would be glad to answer them as the hearing goes forward. SUPERVISOR RUSSELL: Is the bulk schedule requirement for LB, is that one or two acre? MS. WICKHAM: 80,000 square feet. Southold Town Board Regular Meeting February 12, 2019 page 42 SUPERVISOR RUSSELL: It's 80,000. So the map reflects the 80,000 square feet? One thing, and again I am not passing judgement for or against the application, I am just trying to get all the answers. You raised the issue of the intensity of uses at the marina which is across the creek but there's a proposal for a residential subdivision there as well, wouldn't you be increasing the intensity because you would basically be sandwiching four new lots in between two intense uses? In other words, a larger LB zone and then the M-2 that already exists, it's just as a curiosity. in other words, if the concern is for the intensity use of the marina but then you're expanding the commercial use to the south on 48, wouldn't you essentially sandwiching the four new lots that will be created between two intense uses, rather than reducing? MS. WICKHAM: Well, there are residential uses proposed, three lots, that's correct but they are zoned for residential, so they may be not the most ideal residential areas but I don't know what else we can do with them short of asking for more relief in the zone. SUPERVISOR RUSSELL: I would agree but the zoning as it's currently reflected on the zoning map, you would have the, should there be no change to the rezone, you would have the land that would be able to buffer the three new lots. In other words, if the issue is buffering, you are going to be creating three new lots and then with the change of zone 80,000 square feet essentially sandwiching those three residential lots in between two intense uses. That might undo the whole purpose of buffering, is all I am suggesting. But looking... MS. WICKHAM: But those are our lots, so you know, we just have to live with that. And also, if you look at that map, there's also buffering to the south of those lots to mitigate that. SUPERVISOR RUSSELL: Okay. Also, I know you did mention the idea of organics alternative treatment systems 100 foot setbacks from the water, that's all residential lots, those aren't concessions, the town has the right to require those to begin with. MS. WICKHAM: They have the right and we've agreed to them, yeah. SUPERVISOR RUSSELL: You have agreed to something that we have the right to impose. MS. WICKHAM: I would also like to mention that on a LB zone, the rear yard which would abut those three lots in the back is 75 feet, so it's a pretty extensive buffering there. SUPERVISOR RUSSELL: Sure. I would just as a point of information, the buffering, the RO which is between the gas station and then that residential lots to the north, that pink? That's RO? MS. WICKHAM: Yes. SUPERVISOR RUSSELL: That's the buffering to the residential zone, so I think that's probably what the Planning Board was talking about, although I know they recommended RO zoning, I don't think the Town Board should be considering recommendations from the Planning Board because that isn't the application that came before us. Southold Town Board Regular Meeting February 12, 2019 page 43 MS. WICKHAM: Correct. SUPERVISOR RUSSELL: That should be part of the discussion with you and the applicant. Just as a point of information, that's how the town buffers, generally between intense commercial uses and residential uses. That's the whole purpose of dropping down the intensity uses with each of the zones. MS. WICKHAM: Well, with respect to the Maiden Lane lots on the creek, those two lots, they are buffered by the RO south of them and then there will be residential across Maiden Lane from them. So that's the buffering there. SUPERVISOR RUSSELL: Also the sanitary flow, you said 600 gallons per acre but you are allowed to keep pre-existing sanitary flow? MS. WICKHAM: We may be entitled to (inaudible) density, but yeah... SUPERVISOR RUSSELL: Based on that. MS. WICKHAM: But still, it's so much, that's why they suggested it would be about 40% of their figure. SUPERVISOR RUSSELL: It would depend on what the pre-existing is because you are allowed to double up on the pre-existing exceeds on its own, 600. Then you are allowed to add the additional 600 if you add the additional acreage. MS. WICKHAM: Mmmhmm. SUPERVISOR RUSSELL: So you are not stuck at 1,200. It depends on pre-existing sanitary flow. MS. WICKHAM: Yes. SUPERVISOR RUSSELL: Okay, thank you by the way, Gail, now we are going to open it up for anybody that would like to make any comment on this public hearing? Leroy, I think you stood up first, so please feel free. LEROY HEYLIGER: Good evening, I am Leroy Heyliger, 60 year resident of Mattituck hamlet. I listened to this report but there's one correction there, you started off with, the property that I purchased was in the Ruland family, from his Dad. MS. WICKHAM: My mistake. COUNCILMAN RULAND: Grandfather. MR. HEYLIGER: Excuse me? Southold Town Board Regular Meeting February 12, 2019 page 44 COUNCILMAN RULAND: From my Grandfather. MR. HEYLIGER: Your Grandfather, Mr. Ruland. As a former member of the Southold Town Housing Advisory Commission, I never envisioned the time that I would join the ranks of the NIMBY advocates, not in my backyard advocates but this particular challenge to the town 2020 comprehensive plan has drawn my unequivocal attention. Especially with the opening statement on page 4 of the introduction, the character of the Town of Southold is defined by our citizens, our unique physical and visual attributes, unparalleled history and the experiences of our visitors. The bucolic qualities of the town is anchored by the scenic qualities, culture and history of the (inaudible) environment, landscapes and waterscapes. The importance of preserving these qualities is paramount as to maintaining the quality of life within the town. Scott Russell, Town Supervisor. This brings me to the January 28`" meeting held by the Mattituck-Laurel Civic Association at Legion Hall Mattituck, where two parcels of woodland and I emphasize woodland were placed on the agenda, yet only one seemed to draw the attention of the majority of those present and also Suffolk Times reporter and that was the parcel of the Brinkmann hardware store on the corner of Main Road and New Suffolk Avenue, the gateway to the North Fork so to speak. The other woodland parcel, located on Mattituck Creek, Route 48 and Maiden Lane owned by Harold Reeves and Son and encompassed by Wickham Avenue and Mattituck Creek Lane on the east side, this ecological sensitive parcel was given short shrift, I felt, when our town supervisor, Mr. Russell was questioned about it and answered with one word, phragmites. This invasive plant is usually associated with marshland, prevalent in most western parts of town. It has a high, above ground biomass that blocks light to other plants, allowing areas to turn into phragmite mono-culture rapidly. No such growth has occurred in this woodland parcel. In fact, Mr. Reeves dear departed mother on her daily walks through the parcel declared to me, that it was her own God's little acre. Her own bird sanctuary and nature preserve, worthy to be perpetually preserved for future generations to enjoy. Living adjacent to this ecological sensitive woodland and enjoying the bucolic vistas has been a comforting, calming presence to me for the past 50 plus years of my residency here in Mattituck, especially after 20 years of military duty, sometimes in war ravaged environments. My question to the Town Board especially to Mr. Ruland, is phragmites a correct nomenclature to label this property and is that the final conclusion of the so-called study of the New York State Quality Review Act? I would like to call your attention to page 7 and 9, in this comprehensive study. Page 7 begins with there are no greater assets of the town than its people and scenic quality. Both require economic development and resource conservation and each must be (inaudible) to ensure the success of the other. Don Wilcenski, Planning Board member. Goal one, objectives adopt a town scenic resource map to achieve greater protection of'view sheds in the application review process including assessment to the NYS Environmental Quality Review Act, SEQRA. I listened to what she said about SEQRA's report and I don't quite go along with it. I don't think it was extensive enough. But as it may be, so as it may be. A simple trip by canoe, raft or even a dinghy launched from the Mattituck boat ramp, adjacent to Westhpalia Avenue and if you travel east along Mattituck Creek, much the same as the native Indians used to do centuries ago and you go over the flood gates under the Wickham Avenue road and into the western part of the creek, I should say eastern part of the creek, where it deadheads and becomes part and parcel of the groundwater recharge system known as Wolfs Pit, a clear water lake, home to goldfish, turtles and ducks. In Southold Town Board Regular Meeting February 12, 2019 page 45 conclusion, I would like to refer to appendix D on page 44 of this comprehensive plan for a possible solution to this whole matter for all involved. Appendix D is labeled historic resources of Southold Town. In 1996, the Landmark Preservation Commission published a guide to landmarks entitled, `Town of Southold Register of Designated Landmarks" 1983-96. This commission also maintains reference files on historically significant properties, encourages individual owners to apply for landmark designation and assists property owners interested in historically or architecturally consistent renovations and restorations. The commission identified the following local designated historic landmarks within the town from 1983 to 2011, Laurel, Mattituck, Cutchogue. I am going to concentrate on Mattituck. The Wells Lyon house, Main Road, the Reeve Pim house-Reeve Avenue, the Reeve Wickham house-New Suffolk Avenue and under the maritime section on page 48 the Mattituck Tidal Mill restaurant is listed. I am hoping that someday we will see Reeve nature preserve on Mattituck Creek. Mrs. Reeve's God's little acre. Thank you. SUPERVISOR RUSSELL: Thank you, Leroy. Can I just ask, I don't recall every referring to the property that's going to be subdivided into residential lots as phragmites. I believe the discussion was what was north of those lots which would be the creek, although there's not much depth there and phragmites are an invasive species. I just wanted to make that clear. Also, I am more than familiar with the parcel itself. I know that it's a pristine lot, as fact, there was a consideration for that as an affordable housing community a few years back, so I actually went out and inspected the site myself, although that never came to pass. Who else would like to address the Town Board? SHARMINI JAYAMAHA: Good evening. My name is Sharmini Jayamaha, I am a physician practicing in this area for the last 17 years. I have been living in Maiden Lane Mattituck, a pristine residential area for the last 13 years and hope to live in this property for many years. I love living in this place and do not want the character of this place to change. I very respectfully plead the Town Board tonight not to allow any expansion of the existing commercial part of the property. The applicant is doing this to increase the value of his property but please, consider what sort of change of zoning would do to the rest of the neighbors. The values of our properties will go down, in addition it will interfere with our lifestyle. There are enough commercial properties on Love Lane and Main Road. We do not need any more commercial activity on the North Road. Thank you very much. SUPERVISOR RUSSELL: Who else would like to address the Town Board? CHARLES GUELI: Charles Gueli, Mattituck-Laurel Civic Association. We had several meetings about this property and we concluded to come this evening and I didn't realize it would be in support of what the Planning Board recommended but that is what we are doing. We thought that a residential, I am sorry, residential office zoning would be more appropriate than limited business in the event that the Board determines that the zoning change is supposed to happen. The surrounding lots, as we heard, are, there are several residential office lots already, there are no limited business lots in the immediate area and in the event that something like a restaurant would go there, the residential office zoning would ensure that it wouldn't be large enough to create any kind of environmental hazard or noise hazard. And if it were to become Southold Town Board Regular Meeting February 12, 2019 page 46 residential office, it would set a precedent which we believe can be useful in the coming months because when the comprehensive plan is adopted it will give cause to this Board and the town to review zoning throughout the town and as an example, the Main Road in the heart of Mattituck right now is zoned on one side totally residential office, on the other side there are several lots that are hamlet business. If those were changed to residential office, it would ensure conformity on both sides of the street and a little off topic, but residential zoning can be looked at also, hopefully at some point in the near future, builders will no longer be able to build 16,000 foot homes on one acre lots. When I first came as a year round resident on the North Fork, someone said to me on the South Fork they have sushi, on the North Fork, we call it bait. And I think that that is a distinction that everybody on the North Fork would like to preserve. If you were to act on the zoning changes that we recommend, we believe that every resident in Southold Town would support you for that. SUPERVISOR RUSSELL: Just as a procedural issue, the Town Board has only two options in this particular instance, we can either vote in favor of the request for LB zoning or we can vote against the request. All those other suggestions, the RO and all those other things, all of them might be very compelling but we would have to do that in a different setting. What we can only act on is specifically what the applicant had asked for. Please. BENJAMIN POLEN: Thank you Town Board for this opportunity to speak. Good evening. My name is Benjamin Polen, I am the property owner on Maiden Lane which I did acquire in 2016, however, I was unaware of this proposal at the time and I am here tonight to respond to you, Supervisor Russell, I would ask that you decline this application. I have also, I have recently engaged an attorney and legal counsel to review this and unfortunately, he could not attend tonight and I would ask for an adjournment given that we only had about two weeks to alert him but I also want to offer some comments for the record and the Town Board. I do enjoy the property as a buffer, the surrounding area, certainly there is some M-2 zoning but the actual usage of it is (inaudible), the one property that is there on Love Lane I believe is used as a commercial fisherman who also lives on the property and that's part of the character of the North Fork that my family and I enjoy. The marina similarly was an existing usage when we acquired the property so we were aware of that impact, my opinions on it vary but that is not the topic tonight. However, I would like to you know, has the Board has reviewed and acknowledged tonight, the Planning Board office had some comments here about the proposed LB usage and discussing residential office as an alternative which would potentially be more amenable to me so I would welcome that at some point but I would certainly ask you to oppose the LB proposal. There was a characterization earlier that this is a busy intersection which if you look at a traffic count as cars passing through, you could look at that and say that's potentially accurate however, in terms of active businesses and traffic that stops at this intersection it's relatively light. The Dinizio service station on the corner is in fact a service station, so they fix cars, repair cars but there's no sale of gas going on, so you don't have as much traffic as you would have with that. The other usage in the area of RO, it fits in more with the character and quality of the area. I am concerned about potential 120 seat restaurant at this site, I am not sure how much more traffic that would lead to but I believe it would be significant, noticeable. Certainly if you have 120 seats that (inaudible) number of car trips, the, you would have cars making U-turns on 48, you would have more pedestrian traffic potentially walking from Love Lane, so there's other areas to Southold Town Board Regular Meeting February 12, 2019 page 47 consider there. I don't know about the other variances. There has been a lot talked about tonight that I just wanted to reflect to the Town Board, so I would just ask that you reject the proposal tonight. Thank you very much for your time. SUPERVISOR RUSSELL: I just wanted to ask one thing, I know you said you had retained counsel and you wanted an opportunity for him, if we had closed the hearing but held it for written comment, would that be sufficient? That would give him two weeks to comment with regard to the hearing. MR. POLEN: I would, I don't, I still would not support any. I don't want to close this hearing, so I would like to. I don't support this, so I want my attorney to properly articulate that in a better way than I can. SUPERVISOR RUSSELL: Who else would like to address the Town Board? BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I have a prepared statement but first I would just like to make a couple of comments about the SEQRA. The SEQRA was conducted basically for the subdivision by the Planning Board. It was supposed to be also for the change of zone application but it didn't seem like it included any reference to that. it was done on paper without public participation without an environmental impact statement. The applicant prepared an environmental assessment form and did pay quite a bit for a consultants review but only for the single design that was proposed. Whereas if a full SEQRA with an environmental impact statement was conducted, the procedure would have included consideration of alternatives. There were no alternatives considered yet and with all due respect whether it's a continuation of this application or a new application, I think we need some alternative to the current proposal. If, as the cherry picked consultant's report was found to indicate, that there would be no harmful environmental impacts, then why were all the conditions and supposed mitigation measures being imposed? But you know, these mitigation measures, the alternative waste treatment is helpful in reducing significantly, maybe more than, approximately 50% the nitrogen from residences but you still have three residences, you still have quite a bit of nitrogen and pollution that would result. I would know like to read a prepared statement but before actually I would like to offer you a copy of a picture I took of the area, not that I took, a picture of google maps that I captured on the screen. There's six copies there. Sorry I don't have more but I can provide it to anybody who's interested. Thank you for this opportunity to speak about the proposed change of zone what I don't understand is why the Planning Board commissioned and the Town Board accepted a study from a planning consultant based only on three things. The applicant's application, one single site visit and `other pertinent information', what does `other pertinent information' even mean? I believe that everyone can agree that there should not be a change of zone at least unless all proposed changes are considered in context of features of the natural environment and prior zoning and planning. The subject property straddles the northern side of the Mattituck halo zone, the halo zones, the hamlet locust zones designate areas around hamlet centers which are suitable for development. They were developed through the Mattituck hamlet study done in 2005 and there was also a revision of the Mattituck hamlet halo zone done in 2007 and I believe we could all agree that that would be relevant to the current application for a change of zone in Mattituck. In the project description, which was submitted at Southold Town Board Regular Meeting February 12, 2019 page 48 the applicant at the beginning, at the start of the application process, the applicant incorrectly refers to the Mattituck hamlet study as the Mattituck stakeholders study. In fact, the study was not just for the stakeholders, it was done by the stakeholders, there were 11 participants as well as 11 stakeholders who met to perform the study. In fact, the applicant referred to the halo zone from the 2007 revision and apparently was unaware of the original halo zone from the 2005 study. The applicant states the proposal, the B zone portion of this property is shown within the halo zone of the Mattituck stakeholders study and the proposed LB area is immediately adjacent to it and would be within the hamlet area, had the report not been arbitrarily drawn around it. well, the report wasn't arbitrarily drawn around it, in fact, the proposed LB zone was inside and the entire property was inside the halo, that was initially drawn in 2005. And it was intentionally excluded from the halo drawn in 2007 which was a more careful, they took a hard look at what they were considering in the halo of the hamlet center that would be suitable places to expand the business activities from the Love Lane commercial district. A few other relevant points from the Mattituck hamlet study. The name of Mattituck is from the Native American language meaning the great creek, oysters gathered from Mattituck Creek through the turn of the century, the 1890's through the 1900's were renowned for their quality and flavor and were in great demand at New York City restaurants. I don't think anybody is harvesting oysters from that creek today. Fundamental components are the vision for the future of Mattituck hamlet include the compact, small town nature of the hamlet center providing the identity and character of Mattituck. The hamlet centers role is a primary hub of commerce within the town, needs to be preserved and reinforced. The whole idea of the hamlet studies was smart growth not expansion without intelligence. There are two distinct commercial districts in Mattituck that need to be recognized, one around Love Lane defined as the hamlet center and one to the west, defined as the Route 25 commercial corridor. Limit major commercial expansion outside the Route 25 commercial corridor. The last thing the Town of Southold needs is a Route 48 commercial corridor. This property is bordered on the north by the head of Mattituck Creek, on the south by the North Road on the east by Wickham Avenue and on the west by Maiden Lane. The property is also significant for proximity to the Love Lane commercial district, the hamlet center and the federal anchorage area in Mattituck Creek served by Mattituck Inlet. Each of the four borders and the two social centers deserve to have their special important relationships to the subject property considered and it would be if an environmental impact statement had been conducted, had been prepared. To keep this statement brief, I will mention only reasons why the position of the property at the head of the creek is significant and these points are not found in the consultant's study or the Planning Boards subdivision review. The tidal flow is the slowest and the least in this part of the creek, the head of the creek is the part of the creek were the water is the warmest and freshest and is the most important part of the creek as a natural estuary and habitat to support the entire creek and contribute to the health of the Peconic Estuary and the Long Island Sound. The head of the creek is also the most susceptible to pollution, yes, there is existing intense development around the property including the marina directly across the topmost branch of the creek but that is no reason to overdevelop the last undeveloped property. They already messed that one up with, at the time it was the biggest building in Southold Town and the opponents to that failed and that was built, healthy wetlands are as valuable to the natural environment and to humans as the groundwater we all depend on for healthy living. In conclusion, the process so far has been driven by an applicant who wants to do whatever he wants without delay. I also am against delay but a change of zone requires time to take the practical and legally required hard Southold Town Board Regular Meeting February 12, 2019 page 49 looks at all significant factors, not to delay but to do planning, find out what is there and may be there in the future. The practical goal is to make changes that will be acceptable, even if they are not exactly what they want, by the applicant, by the town officials applying the law and exercising their discretionary authority, by the neighbors and by the citizens of the town. To reach this goal, the process should be to bring all parties together at the earliest possible stage of the application proceeding. Tonight may be the end of this application if you close it and make a decision and I think if your decision is going to be denying it, then maybe there is no reason to keep this hearing open but if you intend to grant it, then I would plead with you to keep this hearing open because while we have people here tonight, I think if the weather were different, we might have many more people. And if we had some more time. this hearing was scheduled just before Christmas, in the middle of the holiday season and there hasn't been a lot of time for people to realize and people don't realize because as a sailor and someone who sails a boat on Mattituck Creek, I see that it's not used as much as it could be and that the fishing industry that's there is not doing as well as it used to and that's a shame. So I thank you for listening and I thank you and the Planning Board for all the work they have done so far but I think we have some more work to do before we find out what is right for the hamlet of Mattituck and what will truly fit because this claim, this proposal fits into the current zoning and planning of the town, is, doesn't make any sense. One final thing, I've always like the little building, the brick building on the North Road that apparently used to be a laundry but never will be again and I loved the old lumber yard that was the home of Reeve Construction before that building. But I have never seen anybody using that Mattituck in the 50 plus years that I have been on the North Fork, I don't recall seeing a person entering or leaving that building. Now that may or may not be the case but the fact is, that spending too much time reviewing this application, I haven't found one shred of evidence that there is a continuing use and while that business may have been legally established and legally operated, if it ceases to operate for over a year and it's a non-conforming business then it's legality is expired and the property owner has the right to use the property only within the law, as we all property owners do. So thank you for your attention to this matter and my you come to a good decision. Do you have any questions, anybody? SUPERVISOR RUSSELL: No, thank you though. Who else would like to address the Town Board? JAMES REEVE: My name is James Reeve and I am the president of Harold Reeve and Sons. I am the applicant and I think I need to address you, at least briefly. I don't want to belabor it any more than necessary but I would like to show you just a little bit of history. My ancestors and the founders of our construction company bought this property in August of 1951 and we have, since that time, paid property taxes faithfully if not enthusiastically, for the last 67 '/2 years. At the time of the purchase, my brothers and I who are currently the officers of Harold Reeve and Sons were raised in a house that my parents constructed in the late 30's which is now known as 295 Maiden Lane I assume. And my brothers and I lived there until the 1960's and my mother lived there until she passed away in 1983. We sold it two years later. We then had our business as is mentioned and the limber yard were on the Main Road. We had owned the laundromat building and when my uncle decided to sell the lumber yard we moved our construction business in 1984 back into that laundromat building and we got certificates of occupancy for the three buildings we built in there. In 2011, we approached the town as to how they viewed the property Southold Town Board Regular Meeting February 12, 2019 page 50 we had owned all those years. There was some confusion and some of these obvious hamlet studies had talked about whether it should be an M zone or whatever and we had been cut off from when the roads went through from Hamilton Avenue, Route 27, Middle Road to County Route 48, we lost a good setbacks, so we approached the town to get that straightened out. We spent the next three years with the Planning Board and these are the people that he is questioning whether anybody knows how to plan or ever thought everything we did was directed by the Planning Board and what they wanted to accept or not accept and we were in league with that. we lived in the neighborhood, we wanted to maintain the neighborhood. They wanted full one acre lots even though most of the lots in the area are not that large. They would grant no variances so whatever had to be, had to be with what R-40 zoning required and they wanted a private road that would be similar to Maiden Lane but would not connect to Maiden Lane, so you would not have through traffic in either direction and they wanted to make sure that that private road would not connect to the property along 48. And the steps went on with this planning thing, we got into buffering, we got into dockage and we got into the Planning Board. There was a meeting on August 31, 2014 at which time Mr. Russell was there, Mr. Ruland was there, Mr. Dinizio was there, the Town Attorney was not but the Planning Board people were there. The first hour of that meeting reviewed what had been agreed to on all the residential areas of (inaudible). The rest of the afternoon was donated to talking about the piece along 48 and there were various plans and different types of operations and what might be there and RO and LB, it was a very strong feeling that they wanted us to get rid of the B zone, the B zone strip and the B zone were our business was. After quite extensive conversations, I think Scott it was your idea, that if we had one large lot it would allow for more buffering in different areas, it would allow for off street parking so there would not be any situation for people parking along 48 as sometimes occurs in front of Dinizio's property and that this would be the way they wanted it to go. At the end of the day, that was the consensus on what our application was supposed to look like. So we redrew the surveys, the maps and in every one of our meetings with the Planning Board for the next four years, this was what was brought up. They would comment, we would (inaudible), they said they were a little busy, they directed us to hire a consultant on their behalf. And we took their recommendations, they interacted with the consultant and sought out what they needed to have, we provided whatever information they asked from us, and we all thought we were heading for the common goal for that application that everyone had signed off on in 2014. So here we are today at the last meeting, trying to go backwards. There are newcomers to the area, no question about that but this thing has been under eight years of scrutiny by people that are supposed to be the best planners in Southold Town. And if they are not, you guys need to do something about it. I am sure everybody has their own opinion on how this should be going but after eight years and (inaudible) to go, I would just ask that you consider the application on the basis of what you have asked us to do and we have provided to this day. And if you have any questions for me... SUPERVISOR RUSSELL: Yes, I think there's a clarification in terms of 2014, you had approached us and said look, what can we do with this? You had actually offered it to the town for affordable housing.... MR. REEVE: That was 2016. Southold Town Board Regular Meeting February 12, 2019 page 51 SUPERVISOR RUSSELL: Okay, I stand corrected. MR. REEVE: And you want me to clarify that? SUPERVISOR RUSSELL: Please. MR. REEVE: What happened was, in 2016 my brothers and I were sitting around and the Mattituck-Laurel group had had a series of meetings about affordable housing and in the local paper they came up with a criteria (inaudible) and items that would be, you know, smaller properties, fewer units, walking distance to town, walking distance to churches, walking distance to the train station and we said, gee, we, that piece of property would qualify to get maybe 15 or 16 rental/affordable housing units. You would have access of Wickham Avenue, it wouldn't be off the main road and we had a situation in that one particular year which maybe you remember, that financially we could donate that property to the town, the vacant portion, not the business. We had two things we asked for, for this gift to the town. One was that we be allowed to grandfather our existing business and two, it had to be done, financially for our benefit, in that calendar year. We, and you scheduled another meeting with the lady with the State who controls that kind of thing and worked with you on Cottage Way in Mattituck. And then we never heard and two or three months went by and I called my attorney and she got back to me two weeks later and I think there were six words she said, not politically applicable at this time, done. SUPERVISOR RUSSELL: Actually.. MR. REEVE: And that was the end of it. You weren't .in a position to accept it, so we proceeded with the application that we thought we had been waiting for since 2014. SUPERVISOR RUSSELL: I think the attorneys use of the words politically is specious and actually factually incorrect. What I had told you at the time was that because Southold at the time... MS. WICKHAM: Financial. SUPERVISOR RUSSELL: Oh, I thought he said political. Okay. Just so you, as I explained at the time, the problems with donating it to the town, we don't have a housing authority... MR. REEVE: you didn't have a mechanism... SUPERVISOR RUSSELL: Yes, we didn't have a mechanism and then also.... MR. REEVE: So you did consider it... SUPERVISOR RUSSELL: Yes, we did consider it and then the limitations because of the wetlands right there, limitations on how much density we could actually get out of it, even for affordable housing. Southold Town Board Regular Meeting February 12, 2019 page 52 MR. REEVE: So at that point, we continued with where we thought you wanted us to go based on the meetings from 2014. SUPERVISOR RUSSELL: Okay, what we did was we talked about the different options, we didn't, the town didn't give you marching orders saying this is what we want to see, we talked about the different options because you were pretty much saying what can I do with the property. But the town never said go out and draw us a map, come back and then I will rezone. We talked about the RO, we talked about the LB, we talked about the B, I agreed with the unfortunate circumstance of a lot of the properties along the North Road that had been cut back because of the road width and all of those things but we talked about all of those options. MR. REEVE: Well, the Planning Board seemed to understand that's what they wanted us to submit. Because when we got to them, that is what they were focusing on, was just what we had talked about at the end of that meeting in 2014. SUPERVISOR RUSSELL: But ultimately that's, again, that would be a discussion with you and the Planning Board and my understanding is the Planning Board has just recommended RO which would actually give you two single and separate (inaudible) MR. REEVE: That's just very, very recently. We never heard that before. I never have. SUPERVISOR RUSSELL: I think, Gail, you brought that to me probably almost a year ago. Is that the Planning Board had recommended RO. MS. WICKHAM: Would you like me to respond to that? SUPERVISOR RUSSELL: Sure. MS. WICKHAM: The recommendation of the Planning Board on RO, my understanding is that was primarily based on the concern of a large restaurant facility that would be available there and that is incorrect. We have discussed RO periodically off and on, we thought it was not economically feasible or even legitimately necessary given the area and the buffering that would occur as I went through earlier in my testimony. SUPERVISOR RUSSELL: I can appreciate that but it wasn't a recent, the RO wasn't just recently put on the table. MS. WICKHAM: It was discussed way, way back. SUPERVISOR RUSSELL: Right. MS. WICKHAM: Like probably right at the beginning. I think it was one of the first meetings we had, they asked about it and we advised them that we didn't think it was feasible because of the small sizes of the lots and I had a couple'other comments, if everybody else is done? Southold Town Board Regular Meeting February 12, 2019 page 53 SUPERVISOR RUSSELL: Sure. MS. WICKHAM: Just two, because I know it's late. But one of them pertains to that. Regarding that issue, the RO would limit a restaurant size but the 60 foot building width on an LB lot would also limit the building size in the same manner, so I don't think there's a big difference there in terms of restaurants. One of the, oh, Mr. Gueli mentioned that from the civic association, I don't think there's a big difference there in terms of having a huge restaurant there, where you have a limitation on your building size in a limited business zone. And just, I just have two other points, Mr. Polen did just recently purchase his property, it's unfortunate he didn't know about it, but I would have to strenuously ask you not to adjourn the hearing because we have been on this thing for many, many years. We would like to get forward and moving on it, we haven't heard anything new tonight that wasn't already brought up in the Planning Board hearing in 2016 and I think we've got under our belts a very good environmental review to the extent that I did follow what Mr. Schwartz was saying, I think he is dead wrong about the SEQRA. That's been addressed, not only subdivision but the change of zone in considerable depth in terms of impact, alternative uses and mitigation. And the mitigation reduces or eliminates the impact, it's not something that you can disregard. So we did review many, many potential uses. The hamlet center and the HALO are really, this property is part of those, they are right in there, in the hamlet center and the HALO. They are not isolated areas like down the Main Road or down Route 48 where you would have all of a sudden a business pop up. That's what a hamlet center means. And it is a centrally located area. The creek front lot zoning is not being changed, that's not being touched, so we would like to very, we would ask that you consider this application and you close the hearing tonight. SUPERVISOR RUSSELL: Can I just ask one more question? MS. WICKHAM: Sure. SUPERVISOR RUSSELL: The current issue with the B zoning which does allow a variety of more uses, the, just as, in the interest of public disclosure, why would the applicant want to surrender something that allows more uses? MS. WICKHAM: That was a big consideration when we started because we were initially, when we started to consider LB, reluctant to give that up but it seemed to be an appropriate thing to do to give more area for allowable parking and whatnot, avoid the necessity for variances, have the setback because you do have scenic byways consideration there, so while you could build a building right up to, right up to almost the back of that B zone, it just seemed like it wouldn't avail themselves of the opportunity to put in a nice development and you know the Reeves are people who want to see something nice and done right, so it just seemed to be a better plan. SUPERVISOR RUSSELL: Okay. MS. WICKHAM: And a rational plan. Just also something, because Mr. Schwartz mentioned, I just want to mention another part of the SEQRA or Mr. Halliard said this, that part of Mattituck Southold Town Board Regular Meeting February 12, 2019 page 54 Creek is, as I said, it's not a critical environmental area and it's also outside of the DEC's Mattituck Creek Significant Coastal Fish and Wildlife Habitat area. SUPERVISOR RUSSELL: I appreciate that but what I am going to do is I am going to let everyone speak and then we can address those issues after. JEAN SCHWEIBISH: Good evening, my name is Jean Schweibish. I am a member of the Mattituck-Laurel Civic but I am speaking here tonight as an individual tonight, as a Mattituck resident. A couple of things from the presentation by Ms. Wickham, I find it really odd that putting in three residential lots back there and that that's their problem. if somebody were to ask the people who were going to ultimately move into those three residential houses how they felt about whatever the development was that's planned for that front piece on Route 48, I am wondering if they would feel that it's not their problem. They may have something to say about it also, so it behooves us to really be careful about what is going to go there. It's not really an appropriate location for something that's in the LB use, traffic is definitely in an issue and it may not be a problem for people who are heading east or west but for the people who live in the immediate area, for the community members it becomes a problem. the uses that I've heard go back and forth between a restaurant and a winery, I haven't heard any other uses so I don't know what else is on the table or proposed or in the thoughts of. The past history is relative to the applicant but not so much relative to what's going to happen from here on and I think that the pleas of the people which may be looked down upon by somebody who is trying to represent a client should be taken into consideration. They are not NIMBY's, although that's the word that has come up tonight on behalf of a NIMBY, who spoke very eloquently. I think'that the residential/office idea is something that should be looked at. I have to say that and I am sorry I am wandering a little bit at this point because it's been a long night, the long and short of it is Southold Town has a really good reputation for being really careful of what goes on here, planning and zoning wise and I think that this is one of those occasions when hopefully Southold Town will come through for the community. We are looking to do some things in Mattituck in particular that will tie that whole area into Love Lane and up to the Brinkmann property, hopefully not for long the Brinkmann property, and it is an area that we would like to see as a community put to better use than to another commercial building. We don't really want Route 48 to look like Route 58 in Riverhead. SUPERVISOR RUSSELL: Sure. And I just want to ask, just so you all understand, it's my devil's advocacy role to ask both sides a lot of questions to get a real understanding, but what would be the benefits of leaving that a B zone now which would afford them quite a few commercial uses? MS. SCHWEIBISH: Well, frankly I don't think that it should be a B zone either. I think it should be Residential Office. You said we are not talking residential office, that's for another day, we are talking B zone or change it to LB. SUPERVISOR RUSSELL: But if the Town Board took no action before we denied the application, the result would be the B zone would still be there and in place. It had been there for some time. So if we were to vote the application down, you have the B zone... Southold Town Board Regular Meeting February 12, 2019 page 55 MS. SCHWEIBISH: But you are still talking about a smaller footprint... SUPERVISOR RUSSELL: Well, yeah, a smaller footprint but it does run, basically the whole front along the road. Essentially runs along that whole parcel along Route 48. I was just,asking again, trying to understand for both sides but what would be the benefits of simply voting an application down and leaving the B zone in place. MS. SCHWEIBISH: Well, I guess the suggestion is from me that we leave the hearing open and we maybe explore some other things. SUPERVISOR RUSSELL: Well, we wouldn't, unfortunately, the Town Board as a procedural issue only has two choices that we can make. Yes, we support the change of zone request or no, we don't. We can't take this as a forum to start discussing rezoning of properties, the entirety to RO and all. That's a completely separate application, that's a completely separate issue for the Board to understand and would have to be part of a larger context of comp plan initiative, not just on one zone. But just so we all understand, that's all we can do, procedurally is to say yes or no. MS. SCHWEIBISH: Well, I have to think if there is a request to go from B to LB that you get more bang for your buck with the LB, so... SUPERVISOR RUSSELL: I am just asking. Okay. Who else would like to address the, just one second Benja, if anybody who hasn't yet addressed the Town Board that would like to? Please feel free. Nobody else? Okay Benja, you're up. MR. SCHWARTZ: Very briefly but I would just like to you might be right, maybe it's yes or no period. But it was my impression that you also have the authority and discretion to possibly apply conditions to any zone change. SUPERVISOR RUSSELL: Right. MR. SCHWARTZ: And I'm, I'd have to do some legal research but I'm not sure that you don't also have the authority to consider other types of zoning other than the proposals that were put on there but certainly the environmental review that was done so far is focused on the one single plan. If there were other plans discussed between the applicant and the planning staff, the one member of the planning staff that was involved the first couple of years I believe left the town and is no longer here but I think there was no public participation in discussing any alternatives but I still think, you know once, when you appeal a decision, the appellate court doesn't just have the ability to say yes and no, they can make a different decision than the original court and I think you might be able to do that. But one thing that I know you are not supposed to do is spot zoning, can you see the spots on the sign from there, spot zoning. But this is not just spot zoning, it involves zoning one specific property without considering really the rest of the zoning plan for the entire town. I have already discussed how this proposal does not, is not within the HALO and this was intentionally left out of it but this is not just talking about zoning one property. You know, I mean, which comes vice versa? The zoning should come first, the Southold Town Board Regular Meeting February 12, 2019 page 56 consideration of the whole town and the whole plan and then the single property. The applicant of course is looking at well, not necessarily have to, they say they are considering the interest of the town but basically they are looking what they can do with their property to make as much money as possible regardless of the impacts on the surrounding properties and the rest of the town. SUPERVISOR RUSSELL: You know, character assassination isn't necessary. They have a right to ask for a change of zone. They came and asked for that. MR. SCHWARTZ: I am assessing their position on this application, this property. Nothing personally against anybody here. But to consider rezoning a portion of one property which hasn't been subdivided yet, I am not sure that that's the appropriate use of the zoning power, to protect the health, safety and welfare of the community. I am finished but if I may just share with you one quote from a man, John Muir wrote in 1911, it is related to spot zoning. `When we try to pick out anything by itself, we find it hitched to everything else in the universe.' SUPERVISOR RUSSELL: Thank you. Before the Town Board starts kicking me under the dais, I just want to say that the issue of spot zoning is well taken but that's the problem, we can't just take this and rezone it RO because that would also be spot zoning. I mean, we can't have it both ways here. We can't rezone on our own motion just one property, what an applicant can do is they can come in and ask for a rezone and try to provide a compelling reason for that. That's not spot zoning, that's process which is completely allowed under state law and the town. We have to evaluate it based on the larger issues. Would anybody else like to address the Town Board? MS. WICKHAM: May I just clarify the last two points? I don't think in response to Mr. Schwartz, this is even remotely spot zoning. We are giving up a B zone in a mixed use neighborhood. It's not out of the blue, it is something that is compatible with the neighborhood and received a negative dec after SEQRA and I agree with you that this is not about can you rezone it RO, this is about can you rezone it LB or not. I just want answer this ladies question, I am sorry I didn't get her name because I think it's important to note that while we have been talking a lot about restaurants and wineries, that's because those are the two most intensive uses in LB. The remaining uses in LB, which are possible to be used here and very easily might, are very limited however. They would include an art gallery, an art craft workshop, a repair shop for small items, custom workshops, libraries, museums, bed and breakfast, contractors yards, nursery facilities-you know, plant materials, funeral home, that's about it. I mean, there's very few things you can do in an LB zone and that's one reason we thought that it would be appropriate here. So in closing, I would just, I know that taking off a comment Mr. Heyliger raised, we are in a scenic byway but there's really nothing scenic about a strip zone being along the highway and that's what we are trying to cure. And certainly Mr. Russell is a former Assessor and current Supervisor for long time on both and his colleagues on the Board do know the value of a tax base and the balancing of rural and commercial properties and while it would be great to preserve every single property in town, you wouldn't have that balance and you don't have the resources to do that. So I hope that you will consider this seriously and we await your opinion. Thank you. Southold Town Board Regular Meeting February 12, 2019 page 57 SUPERVISOR RUSSELL: I just want everybody to understand that there are two separate issues: the zoning and the parcels in the back. I know Leroy and others feel very passionately about the development of the entirety but this action is only about a rezone on one piece. The back as I understand it is being subdivided based on as-of-right. MS. WICKHAM: As-of-right. That's correct and there's no variances there. Thank you. SUPERVISOR RUSSELL: That's right. Would anybody else like to address the Town Board? COUNCILWOMAN DOHERTY: I would like to make a motion to close the public portion but leave it open for comment for two weeks? SUPERVISOR RUSSELL: Can I get a motion on that? All in favor of closing the public hearing but leaving it open for two weeks for written comment? Okay. That would be the action for this evening. RESULT: CLOSED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: Alright, I would ask anybody that would like to address the Town Board on any item of mutual interest to please feel free? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:32 P.M. LyV0. aM Rudder Southold Deputy Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell