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Home My WebLink AboutTB-02/26/2019 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK SUFFD(�coGy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o w Fax(631)765-6145 MARRIAGE OFFICER y�ipl �ao� 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 26, 2019 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, February 26, 2019 at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on February 26, 2019 at Meeting Hall, 53095 Route 25, Southold,NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold S Councilman_ _Present m=m m _WilliaiiP. Ruland_ _ ' Town of Southold 11 Councilman Present Jill Doherty _ Town of Southold ; Councilwoman Present € µ Robert_Gh_o_sioi Town of Southold ' Councilman Present Louisa P. Evans _+ Town of Southold = Justice Present Scott A. Russell ` Town of Southold Supervisor Present Elizabeth A. Neville = Town of Southold = Town Clerk_ _ Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Recreation Department Monthly Report 2. Planning Board Monthly Report 3. Trustees Monthly Report Il. Public Notices 1. Liquor License-New Southold Town Board Regular Meeting February 26, 2019 page 2 III. Communications IV. Discussion 1. 9:00 AM Michael Collins,Jamie Richter,Jeff Standish and Tim Abrams 2. 9:15 AM Michael Collins,Jamie Richter and Jeff Standish 3. 9:30 AM Michael Collins, Jamie Richter, Jeff Standish and Denis Noncarrow 4. 9:45 AM Michael Collins and Jamie Richter 5. 10:00 AM Kevin Webster 6. 10:15 AM Kristie Hansen-Hightower 7. Peconic Bay Community Housing Fund Legislation 8. Transportation Commission Recommendation 9. NYSERDA Off Shore Wind Energy Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:18 AM for the purpose of discussing the following matters: Labor-Matters Involving the Employment/Employment History of a Particular Person(s) 11:00 AM Kristie Hansen-Hightower re: Accounting Department 11:15 AM Chief Flatley Councilman Ruland re: Committee Appointments Highway Labor-Matters Involving the Employment History of a Particular Corporation 12:15 PM Lloyd Reisenberg Proposed Acguisition(s), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof Councilman Ghosio Litigation-Elite Towers V. Town of Southold RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 10. OPEN SESSION - 10:30 AM Jim Bunchuck Southold Town Board Regular Meeting February 26, 2019 page 3 11. EXECUTIVE SESSION Labor-Matters Involving the Employment/Employment History of a Particular Person(s) 12. EXECUTIVE SESSION Labor-Matters Involving the Employment History of a Particular Corporation EXECUTIVE SESSION Proposed Acquisition(s), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 13. EXECUTIVE SESSION Litigation-Elite Towers V. Town of Southold Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:47PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 12:47 PM until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Pledge to the Flag Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 4:30PM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise for the Pledge to the Flag. Thank you. I just want to say that I didn't realize buying the sander for $6,000 would create such an outpouring from the community. Okay, we do have five public hearings tonight I believe, three pertaining to open space, one with reference to rezoning on Fishers Island and one for a moratorium. Before we get Southold Town Board Regular Meeting February 26, 2019 page 4 to those, what we are going to do is to take comment on any of the agenda items that people would like to comment on, I am sure that there are people here with reference to a public hearing we had two weeks ago with respect to the rezoning of the Reeve property, it is on as a resolution, the public hearing has been closed but you are welcome to address that as an agenda item. It wouldn't be part of the record of the public hearing but it will certainly be part of the record of this regular Town Board meeting. Okay, so you know, we have a lot of people here tonight so I am just going to ask you to be succinct. Benja Schwartz, Cutchogue BENJA SCHWARTZ: Alright, I don't want to, Benja Schwartz, Cutchogue. Here we go again, protesting a proposal for change instead of praising the planning for preservation. The current process is not transparent, (inaudible) but I appreciate that you are giving us one more chance to speak today. Although it really wasn't the public hearing. A public hearing was closed. This is traditionally another opportunity for public hearing on agenda items. None of us here, certainly not myself, has all the answers. Some of us have the wrong answers, we need a process in this town that considers all of our answers and chooses the best of them. I was born a city boy but I have grown to be a country man. I love the city and the country and I know the differences between them. I love hardware stores, I love restaurants, I love local wineries, I have worked in the construction industry, the hospitality industry and the agricultural industry. But I also love the natural environment. In the context of this application for a change of zone to limited business, the applicants idea is clear, to sell this property for as much profit as possible. The duty of the Town Board is also clear, to regulate the use of the subject property so that all of the lands in the town are used in the ways most beneficial to all. The Town Board must not only consider the singular economic value of the subject property, you must consider the economic and natural values of neighboring properties. You must consider the economic and natural values of the adjacent creek and you must consider the economic and human natural values for the rest of Mattituck Inlet and Southold Town. You must stop business expansion in inappropriate places. You must start to save what is left. There are plenty of opportunities for redevelopment that would support already existing development and would protect the remaining natural features in our town. At this point, I would like to present to the Town Board a petition signed by, I didn't take an exact count, but at least eight of the neighboring landowners and another dozen or so from members of the community. And the interesting thing about this petition is whereas most petitions presented to you are just pleas for you to consider the opinions expressed in the petitions, this petition has legal bite pursuant to New York State town law and will prevent you from passing this subject resolution on the change of zone to limited business with a simple majority that requires you to have at least have the three quarters vote to pass that resolution, so it will change the number of people. If you would like (inaudible) SUPERVISOR RUSSELL: That's okay, what I want to do is have other people have an opportunity... MR. SCHWARTZ: Sure. SUPERVISOR RUSSELL: What I am going to do is pass this down to counsel. MR. SCHWARTZ: Okay. Thank you very much for your time. Southold Town Board Regular Meeting February 26, 2019 page 5 SUPERVISOR RUSSELL: Who else would like to address the Town Board on any of the agenda items? Leroy? Leroy Heyliger, Mattituck LEROY HEYLIGER: Good afternoon, I am Leroy Heyliger, from Mattituck. I live right off Wickham Avenue, the houses adjacent to what now is officially known and always has been known as Mattituck Creek Lane. My dog in this hunt revolves around the R-40 section where the proposal talks about building three houses and having the road changed from a path to a road into a cul-de-sac behind the proposed section to be zoning change on Maiden Lane. I know this will affect my quality of life there and I hold no animosity towards Mr. Reeve, he has been a gentleman, he has been a great asset to the African-American community and (inaudible) by helping us build our church and maintaining it and I admire him for that. however, my concern is my quality of life, my new next door neighbor who just acquired the property adjacent to this so called road, our quality of life to be uprooted but we understand that progress comes. I would like to quote for just a moment a poem by Robert Frost, The Road Not Taken, `Two roads converged in a yellow road and sorry I could not travel both and be one traveler, long I stood and looked down one as far as I could to where it bent in the undergrowth. Then took the other, as just as fair, and having perhaps the better claim, because it was grassy and wanted wear. Though as for that the passing there, had worn them really about the same. And both that morning equally lay in leaves no step had trodden black. Oh, I kept the first for another day, yet knowing how way leads on to way, I doubted if I should ever come back. I shall be telling this with a sigh somewhere ages and ages hence, two roads diverged in a wood and I, I took the one less traveled by and that has made all the difference.' Robert Frost. I thank you. SUPERVISOR RUSSELL: Thank you, Leroy. Who else would like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2019-173 CATEGORY.• Audit DEPART TENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated February 26, 2019. ✓Vote Record-Resolution RES-2019-173 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Roland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P.Evans Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 2 0 ❑ ❑ Southold Town Board Regular Meeting February 26, 2019 page 6 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-174 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; March 12, 2019 at Southold Town Hall,, 53095 Main Road, Southold,New York at 7:00 PM. ✓'Vote Record-Resolution RES-2019-174 - 0 Adopted ❑ Adopted as Amended ❑ Defeated ._.-_--- ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ 11 Supervisor's Appt William P Ruland Voter 0 ❑ ❑ 11 Jill Doherty Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 11 ❑ ❑ No Action ❑ Lost 2019-223 Tabled 2/12/2019 7:00 PM C,4TEGOR Y• Enact Local Law DEPARTIIE_?VT. 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 41000-140-01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40"; and Southold Town Board Regular Meeting February 26, 2019 page 7 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 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. Southold Town Board Regular Meeting February 26, 2019 page 8 ✓Vote Record-Resolution RES-2019-223 ❑ Adopted ❑ Adopted as Amended ❑ Defeated • Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter p ❑ ❑ ❑ ❑ 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 Rl ❑ ❑ ❑ ❑ No Action ❑ Lost Next:3/12/19 7:00 PM Comment regarding resolution 175 SUPERVISOR RUSSELL: I just want to make a couple of quick comments before we do that, first, I think one of the concerns I have heard is just not about this change of zone request but about the entire use of the property including the residential use in the back. I understand the importance of the property back there but I see no will to change the use of what is permitted currently by code by the owner. Also another issue I have been hearing a lot of is the issue of spot zoning, that taking an action on a specific property is tantamount to spot zoning. A lot of people that have raised that issue have also expressed an interest in wanting to see the Town Board rezone it to RO,residential office, I don't know how you could make a distinction to rezoning it to a use you don't like versus rezoning it to a use you do like isn't the same thing. I don't think there's a rational argument for that. Also there have plenty of times, I am not sorry, it's a very important issue. I don't take rezoning lightly. There have been plenty of times in the past where we have had applications for a project that the community doesn't like and the first impulse is to come to the Town Board and ask the Town Board to rezone the property to stop a particular application. So I think what happens is the use of the word spot zoning gets used so often that it's starting to lose its meaning. Also we need to be careful when we ring that spot zoning bell because it does cut both ways. Ultimately, I do want to say I think I need to stress that I do not believe the application as presented is unreasonable. I think people don't understand that there are substantial amount of uses that are allowed along that business corridor in the business zone that currently exist within that property. As a former Assessor and admittedly a long time ago, I do not view a discernible difference in the market value between the LB zone and the B zone considering the expanded uses there. Especially with the road frontage, the linear road frontage of the current commercial proposal. With that said, Town Board's do have the right to consider rezoning particular properties, if there is a compelling or a rational basis. I need time to view whether this is compelling, whether it is rational, whether it is sound so I am going to vote with the Board to table this because again, I cannot take a decision lightly and I do want more time. Plus we have a lot of written comment that was submitted in the last two weeks and out of fairness to the people who presented that, I want to take time to read those and contemplate those as well in the decision making. Southold Town Board Regular Meeting February 26, 2019 page 9 COUNCILMAN RULAND: I would add to your remarks in that we received comment even today and it would not be fair on all parts not to consider and I realize that there are some people who want an instant answer but I think it's more compelling to me to be perfectly satisfied and make my judgment because I haven't made up my mind yet based on all the factors, some of which you mentioned and others which others have mentioned. 2019-176 CATEGORY: Employment-Town DEPARTMENT: Accounting Accepts Resignation of Michael Chih RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Michael Chih from the position of Part Time Code Enforcement Officer for the Town Attorney's Office effective February 1, 2019. ✓Vote Record-Resolution RES-2019-176 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 2019-177 CATEGORY: Property Usage DEPARTMENT• Recreation Field Use-North Fork Osprey Hamptons Collegiate Baseball RESOLVED that the Town Board of the Town of Southold hereby grants permission to Hamptons Collegiate Baseball to use the lit baseball field at Cochran Park for their 2019 baseball season, beginning in early June and ending in mid August, subject to scheduling by the Southold Recreation Department and the applicant filing a Two Million Dollar Certificate of Insurance with the Town Clerk, naming the Town of Southold as additional insured. Fees for use of field will be waived as the organization will be running a youth baseball clinic. ✓Vote Record-Resolution RES-2019-177 0 Adopted Yes/Aye No/Nay Abstain Absent 0 Adopted as Amended James Dmizio Jr Voter 2 0 0 0 Southold Town Board Regular Meeting February 26, 2019 page 10 ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-178 CATEGORY.• Fmla DEPARTMENT.- Accounting Grant FMLA Intermittent Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants an intermittent leave of absence for up to 12 weeks to Employee 46643 effective February 14, 2019 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2019-178 0 Adopted ❑ Adopted as Amended ❑ Defeated --- Yes/Aye No/Nay Abstain Absent ❑ Tabled _ _ _ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 El 11 11 Tax Receiver's Appt Jill Doherty Voter 0 ❑ El ❑ 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 2019-179 CATEGORY. Committee Resignation DEPARTMENT.• Town Clerk Resignation from HPC Southold Town Board Regular Meeting February 26, 2019 page 11 RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Gary Parker as a member of the Historic Preservation Commission, effective immediately. ✓Vote Record-Resolution RES-2019-179 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 ❑ ❑ p ❑ 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 2019-180 CATEGORY. Organizational DEPARTMENT. Town Clerk Housing Advisory Committee Secretary RESOLVED that the Town Board of the Town of Southold hereby appoints Tracey Dwyer as Secretary of the Housing Advisory Committee, effective January 1, 2019 through December 31, 2019 not to exceed five (5)hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. ✓Vote Record-Resolution RES-2019-180 0 Adopted ❑ Adopted as Amended ❑ Defeated - - - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover ❑ Supervisor's Appt William P Roland 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 21 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-181 Southold Town Board Regular Meeting February 26, 2019 page 12 CATEGORY. Committee Appointment DEPARTMENT. Town Clerk Southold Local Development Corporation Appointments .RESOLVED that the Town Board of the Town of Southold hereby re-appoints the following individuals to serve as members of the Board of Directors of the Southold Local Development Corporation, a not-for-profit corporation in accordance with Section 1411 of the Not-For-Profit Corporation Law of the State of New York, for a three (3) year term of office, effective January 1, 2019 expiring on December 31, 2021: Rona Smith ✓Vote Record-Resolution RES-2019-181 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 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 2019-182 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Colleen Cummings PT Food Service Worker RESOLVED that the Town Board of the Town of Southold hereby appoints Colleen Cummings to the position of Part Time Food Service Worker for the Human Resource Center effective February 28, 2019, at a rate of$15.92 per hour, not to exceed 17.5 hours per week. ✓Vote Record-Resolution RES-2019-182 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended _ _ _ - _ _ _ ___ _ ❑ Defeated James Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Tabled William P Ruland Mover Q ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ 0 Rescinded Scott A Russell Voter 2 0 0 0 Southold Town Board Regular Meeting February 26, 2019 page 13 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-183 CATEGORY.• Refund DEPARTMENT. Planning Board Refund Unused Consulting Fees RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of Sprint at Baxter, SCTM#1000-108-4-11.3, totaling $4,500.00, be refunded to the applicant's agent: Elite Telecom Partners, LLC. ✓Vote Record-Resolution RES-2019-183 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ __ __ , ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ El 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 --- - - -- - - - - - - - - 2019-184 CATEGORY. Refund DEPARTMENT.• Planning Board Refund Unused Consulting Fees RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular at MGH, SCTM#1000-15-9-8.1, totaling $4,500.00, be refunded to the applicant's agent: Shore 2 Shore Wireless, LLC. ✓Vote Record-Resolution RES-2019-184 0 Adopted Yes/Ayc No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter 0 ❑ ❑ ❑ 0 Defeated William P Ruland Voter 0 0 0 0 Southold Town Board Regular Meeting February 26, 2019 page 14 ❑ Tabled Jill Doherty Voter D ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-185 CATEGORY.• Refund DEPARTMENT.• Planning Board Refund Unused Consulting Fees RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular at Junge, SCTM#1000-96-1-19.1,totaling $4,500.00, be refunded to the applicant's agent: Shore 2 Shore Wireless, LLC. ✓Vote Record-Resolution RES-2019-185 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn James Dmizio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosjo Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-186 CATEGORY. Refund DEPARTMENT: Planning Board Refund Unused Consulting Fees Southold Town Board Regular Meeting February 26, 2019 page 15 RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of T-Mobile at MGH, SCTM#1000-15-9-8.1,totaling $4,500.00, be refunded to the applicant's agent: Highlander Consultants Inc. ✓Vote Record-Resolution RES-2019-186 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter b ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover CSI ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter z ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-187 CATEGORY: Attend Seminar DEPARTMENT: Accounting Training-Accounting RESOLVED that the Town Board of the Town of Southold hereby grants permission to Diana Whitecavage, Christine Foster and Kristie Hansen-Hightower to participate in NYGFOA webinars for Excel training on March 5, 2019 and May 7, 2019. All expenses for registration, travel to be a legal charge to the 2019 budget (meetings and seminars). ✓Vote Record-Resolution RES-2019-187 0 Adopted ❑ Adopted as Amended ❑ Defeated ---� - ❑ Tabled — Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 2 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter z ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting February 26, 2019 page 16 2019-188 CATEGORY.• Budget Modification DEPARTMENT• Solid Waste Management District 2019 Budget Modification-SWMD Financial Impact Provides appropriations for final single stream handling 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 $1,360 Total $1,360 To: SR 8160.4.400.837 Single Stream Disposal $1,360 Total $1,360 ✓Vote Record-Resolution RES-2019-188 RI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter p ❑ ❑ ❑ El Supervisor's Appt William P.Ruland Voter IZ ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder CSI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter [a ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-189 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2019 Budget Modification-CDBG Financial Impact:Establish CDBG Budget per approved contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Community Development Fund budget as follows: Increase Revenues: CD.2743.44 Year 44 $130,000 Southold Town Board Regular Meeting February 26, 2019 page 17 Total $130,000 Increase Appropriations: CD.8660.J.044.008 Year 44 CAST $7,500 CD.8660.J.044.010 Year 44 Maureen's Haven 7,500 CD.8660.J.044.015 Year 44 Rec Center Improvements 115,000 Total $130,000 ✓Vote Record-Resolution RES-2019-189 0 Adopted ❑ Adopted as Amended ❑ Defeated -- -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ 11 El ❑ 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 2019-190 CATEGORY.- Employment-FIFD DEPARTMENT.- Accounting Salary Increases RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-015 of the Fishers Island Ferry District adopted January 22, 2019 to read as follows: WHEREAS the following employees have exceeded the requirements of their positions; THEREFORE, IT IS RESOLVED to increase their wages and salaries as listed with effect January 31, 2019. EMPLOYEE LAST EMPLOYEE EMPLOYEE JOB CODE TITLE 01 Jan 2019 Increase Jan 31, 2019 NAME FIRST NAME CODE Rate % Rate ALFRED NEIMAN KATHLEEN 14000 ACCT CLERK TYPIST $ 18.00 2% $ 18.36 (FIFD) ALLEN JONATHAN 14011 DECKHAND (FIFD) $ 12.75 3% $ 13.13 ASMOLOV KATARZYNA 14021 ACCT CLERK TYPIST $ 20.40 3% $ 21.01 (FIFD) Southold Town Board Regular Meeting February 26, 2019 page 18 BENTLEY KYLE 15142 DECKHAND (FIFD) $ 12.75 3% $ 13.13 BRIDGMAN CHRISS 16466 DECKHAND (FIFD) $ 13.01 2% $ 13.27 BURNS RONALD 23545 ASSISTANT MANAGER $ 96,125.00 3% $ 99,008.75 (FIFD) CONARY STEVEN 38461 CASHIER (FIFD)/ $ 13.12 3% $ 13.51 Deckhand (FIFD) FOLEY FINBAR 38614 DECKHAND (FIFD) $ 12.75 3% $ 13.13 HANEY JONATHAN 40842 MARINE OPS SUPER $ 72,100.00 2% $ 73,542.00 (FIFD) HANSEN DIANE 40913 SECRETARY(FIFD) $ 65,625.00 2% $ 66,937.50 HEALY RYAN 41442 DECKHAND (FIFD) $ 18.73 3% $ 19.29 MIRABELLI ANTHONY 58369 FERRY CAPTAIN (FIFD) $ 30.17 2% $ 30.78 NELSON LEE 62468 DECKHAND (FIFD) $ 12.75 3% $ 13.13 NEWELL CHRISTOPHER 62812 FERRY CAPTAIN (FIFD) $ 23.93 3% $ 24.65 ORTIZ LEONARD 65578 DECKHAND (FIFD) $ 13.01 3% $ 13.40 SASSO ROBERT 75611 1 DECKHAND (FIFD) $ 13.01 2% $ 13.27 ,"Vote Record-Resolution RES-2019-190 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Seconder 0 ❑ i El ❑ 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 2019-191 ClITEGORY. Employment-FIFD DEPARTMENT. Accounting Terminate Employment RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-014 of the Fishers Island Ferry District adopted January 22, 2019 that terminates the employment of Employee# 83356 effective January 22, 2019. ✓Vote Record-Resolution RES-2019-191 0 Adopted - - - Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated .lames Dimzio Ir Voter 0 0 0 ❑ Southold Town Board Regular Meeting February 26, 2019 page 19 ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-192 CATEGORY: Budget Modification DEPARTiVENT: Engineering 2018 Budget Modification-Fishers Island Sewer District Financial Impact: Transfer between 2018 Fishers Island Sewer District budget lines. No financial impact. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Fishers Island Sewer District budget as follows: From: SS2.8120.4.200.300 Propane $ 171.00 Total $ 171.00 To: SS2.1440.1.000.000 Regular Earnings $ 20.00 SS2.8120.4.200.200 Electricity $ 151.00 Total $ 171.00 ✓Vote Record-Resolution RES-2019-192 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 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 0 Lost Southold Town Board Regular Meeting February 26, 2019 page 20 2019-193 CATEGORY.• Budget Modification DEPARTMENT. Accounting 2019 Budget Modification-Police Financial Impact:Adjust budget for Police gun purchase and related trade in reimbursement RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Increase Revenues: A.2655.55 Sales, Other $18,753 Total $18,753 Increase Appropriations: A.3120.2.500.600 Weapons $18,753 Total $18,753 From: A.3120.2.500.625 Tasers $2,896 Total $2,896 To: A.3120.2.500.600 Weapons $2,896 Total $2,896 ✓Vote Record-Resolution RES-2019-193 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled n _._ ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland 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 Hg)vys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-194 CATEGORY. Special Events Southold Town Board Regular Meeting February 26, 2019 page 21 DEPARTMENT. Town Attorney Special Events Permit Macari Vineyard RESOLVED that the Town Board of the Town of Southold hereby grants permission to Macari Vineyards and Winery, LTD to hold a Special Event at 24385 Main Road Cutchogue,New York as applied for in Application 2019-2 for one (1) event: Kait's Angels Wingo Fundraiser from 5:OOPM to 10:00 PM on June 28, 2019 provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-194 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 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 2019-195 CATEGORY. Performance Bond DEPAREVIENT.• Planning Board Accept Residential Site Plan Performance Bond Vineyard View RESOLVED that the Town Board of the Town of Southold hereby accepts the Residential Site Plan Performance Bond issued by Liberty Mutual Insurance Company in the amount of $223,185.30 for the proposed Residential Site Plan for"Vineyard View", SCTM#1000-40-3-1, located at 62600 CR 48, Greenport, as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney ✓Vote Record-Resolution RES-2019-195 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ED Town Clerk's Appt Supt Flgwys Appt Southold Town Board Regular Meeting February 26, 2019 page 22 ❑ No Action ❑ Lost 2019-196 CATEGORY.• Bid Acceptance DEPARTibIENT. Engineering Accept Bid for PCC ADA Door Resolved that the Town Board of the Town of Southold hereby accepts the bid of Carter- Melence in the amount of$18,644.00 for the construction of an ADA-compliant access door at the Peconic Community Center, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2019-196 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ____ _ __ ❑ Withdrawn James Dmizio Jr Voter Q t] ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter R1 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-197 CATEGORY.• Employment-FIFD DEPARTMENT: Accounting Approve Resolution 2019-026 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-026 of the Fishers Island Ferry District adopted February 18, 2019 to read as follows: WHEREAS Kevin Carroll has performed his duties as Freight Agent with merit in his duties as Freight Agent, and Southold Town Board Regular Meeting February 26, 2019 page 23 WHEREAS the Board of Commissioners has recommended that he receives a merit bonus of $2,500.00 for superior work performance, attitude, and contributions to the District. Therefore it is RESOLVED that Mr. Carroll receives a merit bonus of$2,500.00 with effective date of February 18, 2019. ✓Vote Record-Resolution RES-2019-197 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter RI ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-198 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Recreation Hire Spring 2019 Recreation Program Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Spring 2019 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2019 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Thomas Boucher(Guitar Lessons) $30/hour Heather Cusack (Spring Herb Garden &Herbs for Youth) $301hour Nicholas Cordone (Pickleball) $30/hour Martha Eagle (Aerobics & Pilates 2 Day) $40/class Martha Eagle (Friday Only Pilates) $30/class Andrea Esposito (Walk 15 A/B, Intro to Intramurals) $30/hour Suzzanne Fokine (Plein Air) $30/hour Lisa Baglivi (Drawing & Sand Painting) $30/hour Sara Bloom (Memoirs) $30/hour Lois Levy (Art Journaling) $30/hour Island's End Golf Course (Golf Lessons) $100/person Southold Town Board Regular Meeting February 26, 2019 page 24 Rosemary Martilotta(Hatha& Chair Yoga) $44/class Kate McDowell (Tennis) $30/hour Linda Nemeth(Watercolor) $30/hour Theresa Pressler (Arts & Crafts) $30/hour Dr. Jeffrey Poplarski $65/class R&C Agency Management (CPR Course) $55/person R&C Agency Management (Defensive Driving) $30/person Grace Rowan(Senior Fitness Classes, Tai Chi, Qi Gong) $30/hour Laurie Short (Cardio & Strength Trifecta Classes) $30/hour Steve Smith(Weight Training) $90/person Alfonso Triggiani (Ballroom Dancing) $70/person Kerri Zablotny (Little Scholars) $30/hour Huck Hirsch (Mah Jongg) $30/hour Kyleen Vernon (Storytime/Youth Yoga, Irish Dance) $30/hour Kyleen Vernon(Reiki Circle) $40/hour Bernie Kettenbeil (Smart Driver) Free ✓Vote Record-Resolution RES-2019-198 0 Adopted ❑ Adopted as Amended ❑ Defeated --- --- — Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James DmElizio 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 ❑ ❑ El ❑ No Action ❑ Lost 2019-199 CATEGORY. Special Events DEPARDIENT: Town Clerk Special Events Permit Salt Air Farm RESOLVED that the Town Board of the Town of Southold hereby grants permission to Salt Air Farm to hold four (4) Special Events at 1585 New Suffolk Road, Cutchogue,New York as applied for in Application 2019-3 for four (4) events: Weddings to be held on June 22, July 4, July 20 and August 3, 2019 from 8:00 AM to 11:00 PM, provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-199 0 Adopted - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Board Regular Meeting February 26, 2019 page 25 ❑ Defeated James Dinizio Jr Voter El ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 21 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter El ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder Rl ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-200 CATEGORY. Refund DEPARTMENT.- Town Clerk Refund Resident Parking Permit 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: James Holley 735 Corey Creek Road Southold,NY 11971 ✓Vote Record-Resolution RES-2019-200 Q Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ _ ❑ Withdrawn James Dinizio Jr Mover C✓l ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter CEJ ❑ ❑ ❑ ❑ Tax Receiver's Appt .Till Doherty Seconder Z El ❑ ❑ Rescinded Robert Ghosio Voter p ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action T ❑ Lost 2019-201 CATEGORY.- Authorize to Bid DEPARTMENT.• Solid Waste Management District Reject All Bids and Rebid Grinder Southold Town Board Regular Meeting February 26, 2019 page 26 RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received for the Wood Waste Grinder and be it further RESOLVED the Town Clerk's office is hereby authorized and directed to re-advertise for same. ✓Vote Record-Resolution RES-2019-201 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio 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 2019-202 CATEGORY. Fmla DEPARTMENT.- Accounting Grant FMLA Leave to a Town Employee RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for up to 12 weeks to Employee #2433 effective January 26, 2019 pursuant to the Family Medical Leave Act. ✓Vote Record-Resolution RES-2019-202 0 Adopted ❑ Adopted as Amended ❑ Defeated — - -- -- — —--- - --- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ 1 ❑ ❑ ❑ 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 0 Lost Southold Town Board Regular Meeting February 26, 2019 page 27 2019-203 CATEGORY.• Budget Modification DEPART''VIENT: Accounting 2018 Budget Modification- Capital(Police Vehicles) Financial Impact: Transfer funds for 2018 Police Vehicle Purchases WHEREAS the Town Board of the Town of Southold authorized the purchase of police vehicles from the operating fund and wishes to record said purchases in the Capital Fund, WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Proiects and amends the 2018 General Fund Whole Town and Capital Budget as follows: Capital Project Name: Police Vehicles-2018 Financing Method: Transfer from the General Whole Town Fund From: A.3120.2.300.100 Police Equipment, Automobiles $39,100 Total $39,100 To: A.9901.9.000.100 Transfer to Capital $39,100 Total $39,100 Capital Budget: Revenues: H.5031.86 Interfund Transfers Police Vehicles $39,100 Total $39,100 Appropriations: H.3120.2.300.200 Police Vehicles, Automobiles $39,100 Total $39,100 ✓Vote Record-Resolution RES-2019-203 El Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter Rl ❑ - ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter El ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Seconder lZ ❑ ❑ ❑ 0 Supervisor's Appt Louisa P.Evans Mover 2 0 0 0 Southold Town Board Regular Meeting February 26, 2019 page 28 ❑ Tax Receiver's Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-204 CATEGORY: Budget Modification DEPARTMENT Accounting 2019 Budget Modification-Capital(Police Vehicles) Financial Impact: Transfer funds for 2019 Police Vehicle Purchases WHEREAS the Town Board of the Town of Southold authorized the purchase of police vehicles from the operating fund and wishes to record said purchases in the Capital Fund, WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund,now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followinIZ Capital Projects and amends the 2019 General Fund Whole Town and Capital Budget as follows: Capital Project Name: Police Vehicles-2019 Financing Method: Transfer from the General Whole Town Fund From: A.3120.2.300.100 Police Equipment, Automobiles $140,000 Total $140,000 To: A.9901.9.000.100 Transfer to Capital $140,000 Total $140,000 Capital Budget: Revenues: H.5031.86 Interfund Transfers Police Vehicles $140,000 Total $140,000 Southold Town Board Regular Meeting February 26, 2019 page 29 Appropriations: H.3120.2.300.200 Police Vehicles, Automobiles $140,000 Total $140,000 ✓Vote Record-Resolution RES-2019-204 RI Adopted ❑ Adopted as Amended ❑ Defeated - ----- — ---- -- - - — ❑ Tabled - Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter El ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter IZI ❑ ❑ El ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-205 CATEGORY. Legal DEPARTMENT. Town Attorney Retain Devitt Spelbnan Barrett RESOLVED that the Town Board of the Town of Southold hereby ratifies and authorizes the Town Attorney to retain Devitt Spellman Barrett LLP as Special Counsel to represent the Town of Southold and the Planning Board of the Town of Southold in an action in United States District Court for the Eastern District of New York, commenced by Elite Towers, L.P. and the Mattituck Fire District. ✓Vote Record-Resolution RES-2019-205 21 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dtnizio Jr Mover D ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Z ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter RI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting February 26, 2019 page 30 2019-206 CATEGORY.• Contracts,Lease&Agreements DEPARTMENT• Town Attorney Memorandum ofAgreenzent CSEA RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Memorandum of Agreement between the Town of Southold and the CSEA dated February 6, 2019, concerning the settlement of Grievance No. 2018-4G. ✓Vote Record-Resolution RES-2019-206 0 Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dimzio Jr ! Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Dolierty 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 2019-207 CATEGORY.• Local Law Public Hearing DEPARTMENT• Town Attorney PH 3126/19-4.30 PM-Amend Ch. 245 Taxation, Operation Graphic Hand WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 26th day of February, 2019, a Local Law entitled "A Local Law in relation to Amend Chapter 245 Taxation, to Provide Property Tax Exemption for Certain Veterans Who Participated in Operation Graphic Hand" now, therefore, 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 26th day of March, 2019 at 4:30 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 Amend Chapter 245 Taxation, to Provide Property Tax Exemption for Certain Veterans Who Participated in Operation Graphic Hand reads as follows: Southold Town Board Regular Meeting February 26, 2019 page 31 LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to Amend Chapter 245 Taxation, to Provide Property Tax Exemption for Certain Veterans Who Participated in Operation Graphic Hand BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. Purpose. The Town Board finds and determines that in March of 1970, the United States was in the midst of a communication crisis when letter carriers for the U.S. Postal Service voted to strike in major cities throughout the country. The Town Board determines that New York City was the epicenter of the strike movement, affecting not just local mail delivery but also the routing of correspondence and parcels throughout the nation. The Town Board also finds and determines that on March 23, 1970, President Richard Nixon issued an executive military order, declaring a state of emergency and mobilizing 25,000 active duty and reserve service members to maintain postal service in New York City. The Mission was later designated Operation Graphic Hand. The Town Board further finds and determines that, while the strike was short in duration, ending on March 25, 1970,the service of the men and women assigned to Operation Graphic Hand ensured that essential elements of mail delivery occurred during this period. The Town Board finds that New York State and Suffolk County recently enacted legislation authorizing towns in their discretion to extend real property tax exemptions provided under State and County Law to veterans who were assigned to Operation Graphic Hand. The Town Board determines that given the Town of Southold's close proximity to the main site of Operation Graphic Hand,the Town of Southold should authorize the property tax exemption for those veterans who helped keep our national postal service operating in a time of crisis. Therefore the purpose of this amendment is to amend Chapter 245 to authorize the inclusion of veterans of Operation Graphic Hand in the Town's real property tax exemption laws. II. Chapter 245 of the Code of the Town of Southold is hereby amended as follows: § 245-15 Definitions VETERAN A person: Southold Town Board Regular Meeting February 26, 2019 page 32 A. Who served in the active military,naval, or air service during a period of war or who was a recipient of the armed forces expeditionary medal, naval expeditionary medal, ?Marine Corps expeditionary medal or global war on terrorism expeditionary medal, and who was discharged or released therefrom under honorable conditions; or B. Who was employed by the War Shippings Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce or as a civil servant employed by the United States Arany Transportation Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of anned conflict. Decernber 7, 1941, to August 15, 1945, aboard merchant vessels in oceangoing (i.e., foreign), intercoastal or coastwise service, as such terms are defined under federal law(46 U.S.C.A. §§ 10301 and 10501), and further to include near-foreign voyages between the United States, Canada,Mexico or the West Indies via ocean routes or public vessels in oceangoing service or foreign waters and %vho has received a certificate of release or discharge from active duty and a discharge certificate or an honorable service certificate/report of casualty from the Department of Defense, C. Who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in World War 11 during the period of armed conflict, December 7, 1941, through May b, 1945, and who was discharged or released therefrom under honorable conditions; or D. Who served as a United States civilian flight crew and aviation ground support employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December 14, 1941,through August 14, 1945, and who was discharged or released therefrom under honorable conditions.. or, E. Who served as military personnel in the Reserve component of the United States Armed Forces and deemed on active duty under Executive Order 11519, signed March 23, 1970 35 Federal Register 5003 dated March 24. 1970 and later desilanated by the United States Department of Defense as Operation Graphic Hand. and who was discharged or released therefrom under honorable conditions. II. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided Southold Town Board Regular Meeting February 26, 2019 page 33 by law. ✓Vote Record-Resolution RES-2019-207 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter 0 El El El ❑ 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 ❑ ❑ 0 ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-208 CATEGORY. Bond DEPARTMENT: Town Attorney The Heritage at Cutchogue Bond Reduction WHEREAS, on April 11, 2017, in Resolution 2017-341, the Town of Southold accepted a performance security in the amount of$150,014.00 in the form of a Bridgehampton National Bank Savings Passbook on behalf of The Heritage at Cutchogue, LLC; and WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a request to reduce the bond amount from $150,014.00 to $39,908.00; and WHEREAS, on November 5, 2018 the Southold Town Planning Board reviewed this request and recommended that the performance security only be reduced to $75,825.00; and WHEREAS, on December 18, 2018 the Town Board accepted the reduction in the performance bond from $150,014.00 to $75,825.00, and WHEREAS, on January 14, 2018, the Planning Board recommended that the performance security be further reduced to $58,725.00; be it therefore RESOLVED, that the Town Board of the Town of Southold hereby approves, the reduction of the performance security bond for The Heritage at Cutchogue, LLC to $58,725.00; and be it further RESOLVED, that the Southold Town Clerk, or her designee, is authorized and directed to bring the aforementioned passbook to Bridgehampton National Bank with a representative from The Heritage at Cutchogue, LLC for the purpose of reducing the passbook balance to $58,725.00, all Southold Town Board Regular Meeting February 26, 2019 page 34 in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-208 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 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 2019-225 CATEGORY: Budget Modification DEPARTMENT: Accounting 2019 Budget Modification-Pt Highway Financial Impact:for purchase of sander RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5142.2.400.200 Snow Equipment $6,000.00 Total $6,000.00 To: DB.5130.2.300.200 Heavy Duty Vehicles $6,000.00 Total $6,000.00 ✓Vote Record-Resolution RES-2019-225 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent 0 Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Next:3/12/19 7:00 PIVI Southold Town Board Regular Meeting February 26, 2019 page 35 2019-226 CATEGORY.- Equipment DEPARTMENT: Highway Department Purchase of Sander Resolved that the Town board of the Town of Southold hereby approves the purchase of one (1) used Street Salt/Sanders for use at the Town Highway Department. This to be a legal charge to the 2019 budget line. DB.5130.2.300.200 (heavy duty vehicles). from Pase Motors, Inc. in the amount of$6,000.00, all in accordance with the Town Attorney. ✓Vote Record-Resolution RES-2019-226 ❑ Adopted ❑ Adopted as Amended ❑ Defeated r _ 0 Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dimzio Jr Mover lZ ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:3/12/19 7:00 PM Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 5:03 PM in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2019-211 CATEGORY. Property Acquisition Purchase DEPARTMENT: Land Preservation MDH, LLC Elect to Purchase/SEQRA/Dev Rights Easement Southold Town Board Regular Meeting February 26, 2019 page 36 WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by MDH, LLC on the 26th day of February, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM 41000-120.-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; and WHEREAS, 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; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seventy 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; and WHEREAS, 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; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural and aquifer recharge area values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, Southold Town Board Regular Meeting February 26, 2019 page 37 WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.• and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact ' on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by MDH, LLC, identified as part of SCTM #1000-120.-3-2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2019-211 EI Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _ ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover IZI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter RI ❑ ❑ ❑ ❑ No Action ❑' Lost 2019-212 CATEGORY.- Property Acquisition Purchase DEPARTUENT. Land Preservation 410 Sound Ave LLC Elect to Purchase/SEQRA/Dev Rights Easement WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by 410 Sound Avenue, LLC on the 26th day of February, 2019, at which time all interested parties were given the opportunity to be heard; and Southold Town Board Regular Meeting February 26, 2019 page 38 WHEREAS, said property is identified as part of SCTM #1000-120.-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; and WHEREAS, 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; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seventy 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; and WHEREAS, 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; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural and aquifer recharge area values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations 6NYCRR 617.1 et. Seq.• and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, Southold Town Board Regular Meeting February 26, 2019 page 39 WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by 410 Sound Avenue, LLC, identified as part of SCTM #1000-120.-3-11.8. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2019-212 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-213 CATEGORY. Property Acquisition Purchase DEPART ENT. Land Preservation Robinson Elect to Purchase/SEQRA/Dev Rights Easement WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property purportedly owned by the Estate of John W. Robinson on the 26th day of February, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, 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 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; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the Southold Town Board Regular Meeting February 26, 2019 page 40 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; and WHEREAS, 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; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.• and WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by the Estate of John W. Robinson, identified as part of SCTM #1000-100.-2-4. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Southold Town Board Regular Meeting February 26, 2019 page 41 Board has determined that this action is consistent with the LWRP. ✓Vote Record-Resolution RES-2019-213 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-214 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact 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 12th 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" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,NOW therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, A Local Law in relation to 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. 12019 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 26, 2019 page 42 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 26, 2019 page 43 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 26, 2019 page 44 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-2019-214 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled = El 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 Comments regarding resolution 214 COUNCILMAN DINIZIO: I just want to say that while the letter from the attorney in Mattituck did address the problem and Benja too, that I think the law as written has every intention of doing that and allowing people to seek relief if they so need it, so I am going to vote yes. 2019-224 CATEGORY. Enact Local Law DEPARTMENT. Town Clerk Enact LL- Change of Zone FI Utility Company 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#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density); and WHEREAS, on February 15.2018, pursuant to §280-29(C), the Planning Board reviewed the subject change of zone and issued a report supporting same; and Southold Town Board Regular Meeting February 26, 2019 page 45 WHEREAS, on February 26, 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 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#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density) 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#1000-6-6-20.8, from R-80 (Residential) to HD (Hamlet Density). 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 1000-6-6- 20.8, from R-80 (Residential) to HD (Hamlet Density).. The property is located at Crescent Avenue, Fishers Island,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-2019-224 ❑ Adopted - ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ 2 Tabled William P Roland Voter 0 ❑ 0 0 Southold Town Board Regular Meeting February 26, 2019 page 46 ❑ Withdrawn Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover Q ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter Rl ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hb vys Appt ❑ No Action ❑ Lost Next:3/12/19 7:00 PM 2019-216 CATEGORY: Bond Public Hearing DEPARTMENT: Town Clerk FIFD Bond-Passenger Ferry *WHEREAS, the Board of Commissioners of the Fishers Island Ferry District (the "District"), in the Town of Southold, Suffolk County, New York, pursuant to a resolution duly adopted and a petition in due form, has requested that the Town Board of the Town of Southold (herein called the "Town"), in the County of Suffolk, New York, on behalf of the District, call a public hearing to hear all persons interested in the subject thereof, consisting of the acquisition of a high speed passenger ferry boat at the estimated maximum cost of$460,000; and the Town Board has determined that it is in the best interests of the Town and the District to increase and improve the facilities of the District pursuant to Section 202-b of the Town Law and to hold said public hearing, as requested; and WHEREAS, the District, as lead agency, has given due consideration to the impact that the projects described herein may have on the environment pursuant to the State Environmental Quality Review Act (SEQRA), constituting Article 8 of the Environmental Conservation Law, and 6 N.Y.C.R.R., Regulations Part 617.5 and has determined that the acquisition of a high speed ferry is a Type II action and no further environmental review is required for said project; NOW, THEREFORE, the Town Board hereby determines to commence proceedings under Section 202-b of the Town Law and the Town Board adopts and accepts the determinations made by the District relating to SEQRA, as described above; and it is hereby ORDERED, that a meeting of the Town Board of the Town be held at the Town Hall, 53095 Main Road, Southold, New York, on March 26, 2019 at 4:30 o'clock P.M. (Prevailing Time) to consider said increase and improvement of facilities of the District and to hear all persons interested in the subject thereof concerning the same and for such other action on the part of the Town Board with relation thereto as may be required by law; and it is FURTHER ORDERED, that the Town Clerk publish at least once in "The Suffolk Times, " hereby designated as the official newspaper of the Town for such publication, and post on the sign board of the Town maintained pursuant to subdivision 6 of Section 30 of the Town Law, a Notice of such public hearing in substantially the form appearing in Exhibit A, certified Southold Town Board Regular Meeting February 26, 2019 page 47 by said Town Clerk, the first publication thereof and said posting to be not less than ten (10) nor more than twenty (20) days before the date of such public hearing. DATED: February 26, 2019 TOWN BOARD OF THE TOWN OF SOUTHOLD Exhibit A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on March 26, 2019, at 4:30 o'clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the increase and improvement of facilities of the Fishers Island Ferry District, consisting of the acquisition of a high speed passenger ferry boat at the estimated maximum cost of$460,000. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. Dated: February 26, 2019 Southold,New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Elizabeth A.Neville Southold Town Clerk ✓Vote Record-Resolution RES-2019-216 0 Adopted ❑ Adopted as Amended ❑ Defeated - ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ 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 121 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings 1. Ph 2/26 4:31 Pm -FI Utility Company COZ COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold is considering the Change of Zone application of the Fishers Island Utility Company, Inc. on the property identified as Briar Patch located at the west end of Fishers Island at the corner of Central and Crescent Avenues, Fishers Island,New York, SCTM# 1000-6.-6- 20.8 from R-80 (Residential ) to HD (Hamlet Density); and be it further Southold Town Board Regular Meeting February 26, 2019 page 48 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 26th day of February, 2019 at 4:31 P.M. at the Southold 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 and the New London Day newspapers not less than ten (10) days nor more than thirty (3 0) 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 the property identified on the Suffolk County Tax Map as Lot#1000-6.-6-20.8 from R-80 (Residential) to HD )Hamlet Density) all that certain tract, plot, piece or parcel of land, lying, being and situated at Fishers Island, Town of Southold, County of Suffolk and State of New York and more particularly being bounded and described as follows: BEGINNING at a merestone set at the intersection of the Northeasterly line of Central Avenue and the Northwesterly line of Crescent Avenue, said merestone being located 1488.17 feet West of a point which is 3 53 8.95 feet North of a monument marking the U.S. Coast and Geodetic Survey Triangulation Station"PROS" and thence running North 71 degrees 27 minutes 10 seconds West 155.00 feet along said Northeasterly line of Central Avenue to a monument; thence North 14 degrees 31 minutes 20 seconds East 324.82 feet to a point; thence North 82 degrees 40 minutes 00 seconds East 166.59 feet to a point in said Northwesterly line of Crescent Avenue; thence South 14 degrees 31 minutes 20 seconds West 397.72 feet along said Northwesterly line of Crescent Avenue to the merestone at the point of beginning. Subject property consists of 55,757 square feet= 1.28 acres. Any person desiring to be heard on this proposed amendment should appear at the time and place above so specified. I have a copy of a notarized affidavit that this was noticed on the Town Clerk's bulletin board and noticed on the Town's website and I believe that's it. I do have copies where all the neighbors were notified by certified mail, I have those receipts here. I do have a copy of the legal notice in the New London Day. An affidavit that this was published in the Suffolk Times. This is a letter from Suffolk County Planning, that a decision of local determination should not be construed as either approval or disapproval and that the county planning commission considers this to be a matter of local determination. This is a letter of opposition from Deborah Edwards, which I will read into the, it is an email, I will just read the comment here, `I am Debbie Edwards and my sister Denise Fohlmeister and I own Sonny's Place on the corner of Central and Crescent Avenues, as we cannot make the meeting on Tuesday, we would like to express our objection to the zoning change proposed by FIUC to the Briar Patch on Fishers Island. While we understand the need for affordable housing on Fishers Island, based on our experience with the FIUC properties owned next door to us and across from Dock Beach, they are not the best of neighbors and we believe affect our property values are affected due to their neglect and broken promises. What we don't need is another poorly maintained junkyard in the neighborhood. Given this and the fact that the Briar Patch is home to several species of wildlife and the fact that they have property that is available for reuse or redevelopment, we oppose the zoning change. We support our neighbors and other interested parties in finding a better solution.' Another letter that we received, I will read in the record. `I am writing in support of Southold Town Board Regular Meeting February 26, 2019 page 49 the application of the Fishers Island Utility Company for a zoning change on the lot known locally as the Briar Patch. By way of background, I serve on the Island Community Board, and as a year-round representative I am keenly interested in maintaining Island unity as we solve community issues. With the proposal of the Utility Company I have learned that members of the community will miss having this attractive, open space in a central location. However, I stand in favor of their application given the Utility Company's urgent need for multiple dwelling units for future on-island employees in order to ensure coverage in event of an emergency. I request that with the zoning change approval there is put in place a firm understanding about the need for the Utility Company to fully engage the opinion of the community of Fishers Island, including full discussion with the Island Community Board, as decisions are made for the development of the lot. Given prior comments by the Utility Company it seems a collaborative approach is their intention. Specifically, areas for community buy-in include 1. The way the Utility Company funds the construction of the building 2. The design, placement and maintenance of the structure 3. Close consideration of environmental issues as the land is developed 4. A plan for the use of this multi-dwelling structure on the off chance there comes a time when it does not house Utility employees 5. Selection of the lots owned by the Utility Company that are next slated for development. As this project is potentially divisive for our Island, agreement around the above issues would help quell opposition and help establish good will between the Utility Company, our community and other interested parties. I strongly urge you to approve the application with the condition that the Utility Company implement decisions that have broad agreement to ensure the best result for our Island and all involved. I appreciate your consideration of this letter. Sincerely, Reverend Candace Whitman, Fishers Island Union Chapel' JUSTICE EVANS: Can I just ask a question, are you going to read your letter or do you want him to read it out loud? JESSICA DOYLE: That's up to you, I mean, I am happy to, that's up to you. I am happy to read it, I want to be respectful of your time and it's kind of a hefty document because I did a lot of research. COUNCILMAN GHOSIO: Well, by me not reading it, it gives you an opportunity to summarize it. MS. DOYLE: Well said. COUNCILMAN GHOSIO: And lastly, I have a letter here that I will read, it's a short one. I am writing to let you know my concerns over the rezoning of the Briar Patch property on Fishers Island, SCTM # 1000-6-6-20.8 from R-80 to HD. The FIUC is seeking the change to build housing for its working staff. While I am very cognizant of the need for affordable housing on Fishers Island, I also know that there are other existing properties on the island that could be renovated, rather than seeking out a zoning change in a high traffic recreational area across from the island's popular baseball diamond that is also environmentally sensitive (a wetlands abuts the property) in order to build a multiple family dwelling. Furthermore, the Utility Company is not in the business of housing development and I am concerned that they will not properly maintain the property in this high visibility area on the island. The false promises made by the Utility Southold Town Board Regular Meeting February 26, 2019 page 50 Company in regards to the installation of a diesel generator less than half a mile from this area where they are seeking a zoning change gives me more reason to be concerned. With an agreement with the Groton Utility Company, the FIUC installed a large capacity and noisy and smelly diesel gas generator adjacent to another island recreation spot, Dock Beach. When the generator was installed the neighborhood property owners, of which I am one, were promised that tree plantings would be put in and that the generator wouldn't be noticed for its noise and it would not impact the neighborhood. None of these promises were kept. In addition, it is highly concerning to me that the Utility Company now has its sights set on building additional housing when they already own existing housing in the neighborhood that appears poorly maintained. And to close, it seems to me the FIUC should be working more closely with the island group, the Walsh Park Benevolent Corporation, whose business it is to develop and maintain affordable housing on the island, rather than get into the business of housing development themselves. Thank you for your consideration, Genie McPherson Trevor' I think that's it. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular hearing? I would just like to remind people to state their name and their hamlet for the record. JESSICA DOYLE: My name is Jessica Doyle and I am a part-time resident of Fishers Island. I guess the hamlet is Fishers Island. So I want to make clear that, first of all I want to thank you because it's really nice for us, people who care a lot about the island, and secondly, I would like to acknowledge the Utility Company, their president Chris Finan and his desires to create more housing to bring people to the island. I think it's a completely valid effort and we are all behind this. In fact there was a huge study done, island wide study done with Yale University School of Architecture, they spent a year maybe two years studying ways to come up with a way to make more housing for people so they could move to Fishers. Because we have a dwindling winter population. And without a proper, healthy population, the island can't survive. So it's totally valid to want to create housing and find housing and make housing and this kind of thing. So, I wrote to the Town Clerk of Southold and all of you. `My name is Jessica Doyle, I am the president of an organization called Island People's Project (IPP). IPP is an organization devoted to Fishers Island's year round population and summer residents. IPP sponsors community events throughout the year, such as the July 4th Fife and Drum Parade and provides the Island's only summer day camp program which is open to full-time residents and summer people and that's important because a lot of summer people only use the clubs as opposed to, so it's an integrational entity. And additionally, we manage the island's public harbor beach. We have a lifeguard, chairs, tables, picnic tables, umbrellas plus we own the baseball field which is next door to the Briar Patch that the Utility Company would like to develop. So as president IPP, I have broad concerns with the FIUC's request to rezone the Briar Patch. While I agree with FIUC's idea that more housing is needed to encourage full-time residents to live on the island, the Briar Patch, comprised of 1.28 acres is a small plot of land located at one of the busiest intersections on the west end of the island. Though been portions of the Briar Patch have been utilized over time for farming, the lands use hasn't been conducted in an intense manner. It has remained untouched for literally thousands of years. In an effort to increase the year-round population, Fishers Island worked closely with Yale University to encourage people to move to the island. This in-depth study urges preserving the islands natural habitat as a key factor to protecting the uniqueness of Fishers Island. And I include in my report links to all of the studies, Southold Town Board Regular Meeting February 26, 2019 1 page 51 if you want to go in and click and it will take you to the different studies. My concern with the zone change is that it opens the door for over-development of a small parcel that lies adjacent to significant freshwater wetlands. Has a NYS environmental study been done on the intensified use of the land? Additionally, what would that use do to the nearby natural habitat? With this type of development, has it been weighed against the natural capacity of the land, with respect to fresh water wetlands, significant natural communities, plus soil suitability? From the botanical standpoint, the island presents a considerable diversity of habitats. A total of nearly 700 plant species have been identified, wetlands are diverse, there are also at present 30 rare plants in the inventory. Located on the north side of the Briar Patch property, there is the presence of NYS freshwater wetlands that connect with a large freshwater swamp a little further to the east, plus a small freshwater kettle pond just north. Adjacent to the freshwater wetland is an important tree canopy that hosts foraging site for a number of bat species. The loss of tree canopy next to open wetlands has the potential to impact NYS's rare plants and animals, including the roosting habitat of these protected species. Which is very important, we must protect the bats. Furthermore, the development of private summer homes has been rapid and extensive. The effects on native fauna, flora and cultural resources have been considerable. If FIUC builds a two family dwelling on this small parcel of land, residents will need parking. Potentially an impermeable parking lot will be created. The surrounding natural habitats risk being disturbed from stormwater runoff. Which type of parking surface is planned? We don't know, because really we don't (inaudible). Fishers Island does not have an island-wide sewer system, all Fishers Island wastewater deposits into their respective nutrient loading from onsite wastewater disposal systems. Where does the water runoff go? The Briar Patch sits directly opposite the baseball field where islanders come to play games, engage in massive sports activities and host large island-wide gatherings. So it's really an open space gathering spot, it's key. Adding a residence next to this public area would increase traffic and has the potential risk of injury to the residents. Would IPP be liable for any injury, noise complaints or property damage? That's a good question I think. Its location is at a main intersection of Fishers Island's west end. To the north is the islands only supermarket,just a little past the Briar Patch about a quarter of a mile up the road. Any time a person needs to buy milk they pass this intersection. Just off to the east is the yacht club marina where year-round and summer residents go every day for water activities. The majority of visitors coming to Fishers via boat dock at the yacht club marina and walk to town via this intersection. So you can see this is a heavy, all roads lead to this one spot. The baseball field is used in the case of medical emergencies and serves as a medevac helicopter landing pad. Additional traffic could impede ambulance access to the doctor's office which is right next door and/or the islands Sea Stretcher boat ambulance which goes from the yacht club marina. To the west of the property is one of the tallest hills on the island. The hillside's fresh water runoff eventually connects to the wetland located on the northeast side of the property. Rainwater runoff travels through the Briar Patch's wetland and makes its way slightly north to the nearby freshwater kettle pond and swamp located on Madeline Avenue. The Madeline Avenue swamp hosts significant fauna and animal communities, the potential are there to be negatively impacted. Changing the Briar Patch's zoning has potential to alter the community's character. Historically, the community strives to protect its open landscape to allow for natural species to prosper. For example, the Barred Owl, none were documented for over 40 years since 1943, until in 1983 a nest was found on a part of Suffolk County, Fishers Island. Although only four square miles in size and fragmentally developed, it apparently has enough mature forest and Southold Town Board Regular Meeting February 26, 2019 page 52 a suitable mix of wetlands in a protected greenbelt to support a nesting pair. Yale's research finds there are threats to Fishers Island's way of life. Adverse, unplanned development on the island could significantly and irreversibly change the character and scale of the place. Yale's study also addresses the need to lower the cost of utilities, this is key, however, FIUC's building plans require Fishers Island residents to subsidize the costs of building the dwelling including its upkeep. Raising the utility rates of customers so construction may commence is precisely contrary to Yale's recommendations. To encourage more full-time residents to live on Fishers Island, Yale suggests `assist home owners and business owners to reduce their energy bills by improving energy efficiency. Coordinate access to NYS energy efficiency improvement programs, including technical support, home energy assessments and grants and low interest loans. Make electric rates for year-round resident competitive with nearby Connecticut towns. Consider reducing current year-round rates by 20%. So these are two opposing. Instead of building housing on a small parcel of land, Yale recommends support the FIUC efforts to develop complete GIS mapping of the islands utilities to better understand the condition of and manage the islands water, electric and telecom distribution infrastructure. Which is also, I mean, that's a really good endeavor. It's important to ask what utility company do you know of that builds houses? That acts as a developer? When does a utility company shift from focusing on the health of electrical lines, water supply pipes and telephone services to endeavor building houses? Fishers Island has an organization established exclusively to tackle this task of creating housing for people and it's called Walsh Park, whose sole mission is to create, build and establish housing for full-time residents. Perhaps FIUC could work with Walsh Park to create more housing. That would be great. Presently FIUC has 8 full-time resident employees, does FIUC have a list of future employees that it intends to house in this 2 family dwelling? We don't have any information. Additionally, FIUC owns a house just up the road,just one house past the woman who put in her dissenting vote Debbie Edwards, right next door to Debbie Edwards house, to the east of the Briar Patch. I mean, it's a great house. Potentially this property could house future employees? As opposed to modifying the natural habitat's land and altering the community's character, FIUC could focus its efforts on underutilized properties and there are quite a few of them, rather than intensification of use of the Briar Patch. Please let's slow this process down, take a good look at the environmentally responsible options while taking into account the finding of the Yale study with an eye towards the future. The Utility Company's leaders will come and go, but this zone change will leave a lasting impact on the island and the community. As a little aside, this is just a side note, but I think it's important to include this so you have a picture of what these entities are and how they function, it is disappointing that in 2019 not one woman is a member of FIUC's board of directors, not one. I ask of you, the Town of Southold, to please hold off granting FIUC's request to rezone the Briar Patch while alternatives are explored. Thank you. Sincerely yours, Jessica Doyle. And I have included in this a map which I think illustrates the wetlands really well. I am just going to hold it up, okay, this is the patch they want to develop, so I just want you to be aware, this is one of the highest hills on the island. All the water runoff comes down here behind, drains to the back of where they want to develop. This is the kettle hall that is freshwater and this is the massive freshwater swamp. So it comes down the hill, into the back, this is the Briar Patch where they want to develop, here is the ballfield by the way. The marina down here, comes down into here and over into here, into the swamp and out to the sea. Really swampy, wet lovely. Thank you so much for giving me the time. Southold Town Board Regular Meeting February 26, 2019 page 53 SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board on this local law? ELIZABETH CASHEL: Hello, thank you for your time. My husband and I, Tom Cashel, own a house at 1052 Central Avenue. That would be three houses down from the proposed development of the housing or the Briar Patch. We are here today because we are concerned about this rezone and we also have some questions. As a local community member and homeowners, we will be directly affected by this change. We have questions and concerns regarding this rezoning of Briar Patch to hamlet density. Which from what I understand allows for what amounts to multi-family development in (inaudible) by the FIUC that we do not know. As we have (inaudible) a request to understand this development either at the ICB community meetings and but yet there's been no clarification to my knowledge certainly to myself and to my husband on the future of this development. Additionally, at one such meeting we did hear that Mr. Finan, who is the president of the FIUC as you know, (inaudible) about the rezoning of the property from residential to hamlet could well be a way forward in solving Fishers Islands workforce housing issues. Thus, this decision will also be setting a precedent that will impact Fishers Island community for years to come. But first it really is imperative that all of us understand and (inaudible), people like to talk about affordable housing on Fishers Island but in doing so they are using the legal definition per Federal, New York State or Town laws but really they are talking about housing available to year round Fishers Island residents. We strongly support the development of housing on Fishers Island for year round residents. And again, I want to make that clear, very clear, that my husband and I and many of us that are speaking today strongly support development of housing on Fishers Island for year round residents. But we all believe that it is right and in the community's interest for the town to make concessions to allow development of housing for year round residents but only to the extent there is absolute assurance this is how the rezoned property is going to be used. In this proposed rezoning request, the town is considering granting a for profit company the right to develop and manage a property as the company deems fit, within the hamlet density rules obviously. Once this rezoning is approved, this property may or may not be used for the purposes being discussed to day. As far as we understand, the situation there, the exists no binding assurances that the use of these properties will be solely to house year round residents, as opposed to being released to be a sale, rent or enter the general housing stock on the island. As such, we question how the best interest of the community is served by developing hamlet density properties when there is plenty of single family land available, including in the utility company's land bank, as well as land in the LB area on the island. If granted this rezoning proposal, we think this will set a precarious precedent. What sets this rezoning and development apart from a request from myself or my neighbor, to do the same to our properties? Would our non-binding verbal assurance of fiduciary interest in the island's well-being be any less convincing than the FIUC's? Is the FIUC offering any kind of binding, easily enforceable assurance that these units will only be for year round resident housing? Are these assurances truly binding and survivable in bankruptcy, transfers or other eventualities such as change of control? Once the concession is granted by the town, will the town have any control over who occupies these properties going forward? is there a theoretical possibility that these homes are sold into the general housing stock or rented to summer residents? Could these units effectively become dorms for Fishers Island Utility company's shift workers? If any of these eventualities could arise, is this rezoning really in the Southold Town Board Regular Meeting February 26, 2019 page 54 community's best interest? We'd argue, this is why Walsh Park which Jessie spoke to you about, gets so much support from the island community. They received donations of land, buildings and cash to purchase, develop, manage a significant number of properties on the island for year rounders only. Inaudible....that assure perpetual availability to year rounders, in fact, the town is working with Walsh Park on six new units available for year rounders at the ferry terminal. And Walsh Park is always on the hunt for new opportunities. FIUC has an abundance of land where they have the right currently to develop single family homes, as was mentioned, there is a single family home two down from the Briar Patch, two down from us. They said at ICB meetings that rate payers will be charged for the construction of this project, so obviously, if they need housing for the workers, they have the land and financial capacity to create such housing. The real question is what's best for the community? We don't believe it's in the interest of the community to grant Fishers Island community any preferred treatment in this rezoning that you would not grant to any other landowner in the area. Unless FIUC is willing to provide binding, (inaudible) assurances that this property will only ever be used for year round housing. We feel this is the standard that needs to be applied in fairness to all parties. Finally, as Jessie spoke to, the Briar Patch is one of the busiest intersections on the island and across from a public recreational space, where many families and children congregate mine included and they grew up going there. It is also a busy route for children, traveling from Hay Harbor which is one of the recreation clubs on the island for many of the summer residents and the yacht club, so people are going from the yacht club to the baseball field, to the yacht club to the store, to the ice cream, we didn't mention the ice cream store. Inaudible. And so really there is a lot of traffic and children, my youngest went across, not looking properly I am sure on his bike and was almost run over. Just by chance, it was a Fishers Island Utility truck, (inaudible) but it is what happens in that area and the example was my own son. Also the dock beach is also the access to the town (inaudible) so also I just wanted to point out that you have the town (inaudible) that you have the town's, so that is (inaudible) to some of the private clubs, the baseball field, the town beach are the two public recreation spaces, so this interest is for the year rounders and all residents of the island. Now while we acknowledge and support the need, I can't say this enough, for more housing options on the island, we question the choice of this specific location. Additionally, we are concerned, like others have mentioned, how the property will be managed and maintained and as spoken, the FIUC is not a property manager, they are a utility company. As many recall, the electric company made many assurances regarding the generator which is across from yet another town recreation spot, the town beach, and how they assured would be shielded by (inaudible) and not be heard by local residents. They assurances have not been abided. No screening, it runs often (inaudible), there's noise and rumble that can be heard and felt all around the harbor area and worse of all, the town beach, again, a beach for year rounders. So those are some concerns and we have a letter that we will send, we will attach the letter. We ask the town to assure that concessions and rezoning are balanced by assurances by how the property will be used by bona fide year round residents. We also ask the town to consider the community and safety questions and concerns to consider if this rezoning is truly in the best interest of the community. Thank you for your time. JUSTICE EVANS: Elizabeth, can you give a copy of that to the Town Clerk? SUPERVISOR RUSSELL: Thank you. Southold Town Board Regular Meeting February 26, 2019 page 55 MARTIN FINNEGAN: Good evening. For the record, my name is Martin Finnegan, with Twomey, Latham, Shea, Kelley, Dubin and Quartararo. I am here tonight on behalf of the FIUC. I am joined tonight by Chris Finan, who is president of the utility company. As you have heard, we have the comments before, I just want to back up a little bit and give you a little more information about the application itself. I would like to handout copies of the survey to the Town Board members, if that's okay Scott? And I also have a site plan for a site plan for the proposed development of that house. So the utility company has presented an application to change the classification of the property located at the corner of Central and Crescent Avenues from R-80 to HD, hamlet density and yes, it is to clear the way for construction of two family housing to provide year round housing for essential employees. The property is referred to as the Briar Patch as you have heard. It's a 1.2 acre parcel currently in the R-80 zone which can be developed as of right with a single family residence. As the Town Board is aware, Fishers Island is unique among the hamlets in Southold Town due to its location and limited accessibility. The vast majority of the homes on the island are seasonal second homes and the inventory of winterized family housing available to the workforce for purchase or rent is extremely low. As such, many of the utility company employees are forced to find housing on the mainland and commute to work, in the off season, ferry service is infrequent and can be unavailable in bad weather, placing utility company operations in jeopardy. When employees have no access of the island, they can't get there and provide the services that are needed. So in order to maintain the level of service required for the island resident both year round and summer and to provide for emergency situations, the utility company has determined that it has to develop new housing opportunities that will make, they can make available to current and future employees. The utility company actually is in need of additional staffing to meets its needs. They only have a not-rated lineman right now. They need to bring on more skilled laborers to the island to meet its needs and they don't have an option. People can't afford to buy a house. They can't recruit help if there's nowhere for them to live. So the board of the utility company has determined the most cost effective way to do this is to build multi-family units, to make more efficient use of the land than single family units. And to do so, on vacant land that they already own, to reduce the cost of land purchases and the Briar Patch fulfills this need. So under the current zoning, a two family home requires a minimum lot size of 160,000 square feet and is only permitted by special exception approval and by site plan review by the Planning Board. In contrast, as you know, in the HD district a two family dwelling is permitted as of right, on parcels that are at least 40,000 square feet. This is a parcel of over 55,000 square feet, so it would therefore be conforming. I know that the Planning Board report that was done last year when this was originally discussed is of record in this proceeding and I just want to address that but as you can see on this survey, the site is surrounded completely by residential property. It's either in R-80 or the R-40 zone and I just want to make clear that what is proposed here is a residential housing unit, a two family unit. It will be completely in character with the surrounding community, which is entirely residential with the exception of the residential areas and the other either vacant or utility company properties in the area. There's not a proposal to build another electric company on this site, it's going to be a house. Inaudible, in the proposed zone change would enable two. So the Planning Board report does an excellent job of analyzing the existing zoning and the compatibility of the proposed zoning with this site. I am not going through all of it but I just want to highlight some of the salient points in the report for the record and those points that the Planning Board relied on in reaching the recommendation to allow the proposed change of zone here. So one of the things Southold Town Board Regular Meeting February 26, 2019 page 56 the Planning Board points out is the purpose of the HD residential district and this is in the code as well, is to provide a mix of housing types on parcels within a half mile of the hamlet centers. The Planning Board noticed that this property generally meets that purpose with its location within a quarter mile of the hamlet center and a quarter mile from the grocery store on the island and obviously it had to meet the HD zoning purpose of having a mix of housing types in the area. You can see the proposal is to construct a house which is entirely conforming with the bulk schedule. It is going to be located on the parcel with two units and they will not need any variances at all. It also is going to be well outside the 100 foot wetland boundary on the property. The Planning Board properly noted that in terms of the density analysis, this is only going to result in one additional dwelling unit from what is currently allowable. There will be no impacts to the public view shed or interference with the views of the water and the Planning Board found no environmental impacts. Yes, there are wetlands on the property. Yes, there will be driveways, what is proposed is two units with a driveway on Crescent and a driveway on Central. So as we all know, there are provisions in the town code that will require the utility company as they develop the property to deal with drainage. There are provisions in the town code that will address all of the concerns raised about the development of the property and its impacts on the surrounding residential community. So the Planning Board also found that the granting of the change of zone will serve a valid public purpose of providing year round housing for utility company employees who will in turn sustain the year round population of Fishers Island which will benefit the community at large including the fire department, the school, local businesses. As has been pointed out, there is a need to increase the year round population on island to sustain it and this is, the utility company also, all the residents clearly need electricity and they need water and they need telephone service and you need people to help them provide these services, so the point of why is the utility company in the business of housing, they don't want to be, this is Fishers Island, so they have to find a way to get people on the island to work there and continue this utility so the island can continue to sustain itself. So there's this need for additional year round housing, workforce housing and in this regard, Fishers Island is no different than mainland Southold Town here. There is a dire need town-wide for workforce options. On Fishers Island, the creation of these options is critical to the islands utility operations and to the sustainability of the island's year round population. I think Reverend Whitman acknowledged that in her letter very clearly. So there's this clear need to find a balance between the overwhelming inventory of seasonal summer residences and the ever shrinking number of year round homes. So, the utility company has also acknowledged the Planning Board's recommendation is conditioned on the requirement of covenants from the utility company regarding the occupancy of these units and that they be restricted to year round resident employees. I think that was a concern that was raised here. The utility company has no objection to a covenant and in fact, welcomes a covenant. There are no games being played here. As long as Fishers Island is there, it's going to need utility services, it is going to need people to provide utility services and work there. They are going on this initiative, starting this initiative to create this housing in perpetuity, they have no problem with a covenant. I talked to Bill about that, we can certainly work out language that would be agreeable to the Town Board. So all of these concerns can be addressed as the Town Board clearly has the authority to condition the change of zone on such a covenant. I want to address some of the other comments made here this evening by other neighboring landowners. The utility company does take issue with the allegation that they are neglectful or a bad neighbor. The property to the east that was Southold Town Board Regular Meeting February 26, 2019 page 57 described as a junkyard, if I may I just want to, I only have one set of these, just some photographs of that house. As you can see, that is a single family residence. The pictures would bely some contention that it is somehow a junkyard. It does have two concrete drywells that are sitting on the property that are going to be relocated, other than that it's just a house with scrub grass. They do have their utility company property, it does have a generator on it. It does house equipment. It's a commercial property where the utility company has been situated forever and so, there's equipment there and that is in there. But the utility company has not received routine complaints about this, they've not really had the opportunity to address anything specific but I trust that they would when those complaints were made. As to this generator, it's been there for well over a decade. It provides some emergency backup generation in (inaudible) when needed to the island. So it is a benefit to the island residents to have this if the power goes out, that is the only thing that is going to provide power to Fishers Island, is that generator. So, it is essential. As for other properties, the utility company does own some other properties on the island, they own the (inaudible) across the street on West Harbor and they would like to pursue a change of zone, they had considered using that property for housing but they agreed to submit this application to the Briar Patch property. Other properties that they may own are not suited in their analysis to two family housing. So again, we are talking about a change of zone that will enable one other unit,to allow a family to live there, a family that will live and work there and be a part of this community and enjoy the ballfield and the ice cream store and go to school and be part of the community as I said. So the impacts on the environment, the surrounding character of the community are not existent in our estimation. So from the utility company's perspective, they have some employees that currently live on the island, many of us commute and as I said, are in need of additional skilled labor, linemen, to meet their needs. And the recruitment challenge is really hard in the absence of available housing. The employees they want to house will hold year round jobs and as I said, they are going to live on Fishers Island and raise their families there and broaden the community. They will have skill sets that will enable them to join the fire department, EMT's, and be assets to the community. So in short, the utility company submits that the zoning change from R-80 to HD on the Briar Patch property is entirely compatible with the existing year round residential community on the west end of Fishers Island and certainly justified by the unique circumstances on the island. I could certainly address any questions the Town Board has but if there are any, I would obviously request that you consider the local law to change the zoning classification of the Briar Patch property of R-80 to HD. JUSTICE EVANS: Martin, I have a couple of questions. MR. FINNEGAN: Sure. JUSTICE EVANS: People asked me to ask, you did talk about year round housing being a covenant but you also mentioned when you were talking about the property across the street that it could possibly be subdivided into three lots and three more houses but that there's concern that if the Town Board grants HD to the Briar Patch property, that the utility company will be back in looking for HD on the property across the street and use the HD on the Briar Patch property as precedent and I have heard different things, one that the utility company is not interested in going for,HD on those properties and I have heard that yes they are and people want to know where the utility company stands on that. Southold Town Board Regular Meeting February 26, 2019 page 58 MR. FINNEGAN: There has been discussion of a change of zone on that property as well. I think as you know, any change of zone application is subject to review by the Planning Board. They are all considered on an individual basis, there is no correlation for the findings on this property and what may be found on that property and obviously it is ultimately up to this board whether or not you will grant that change of zone. So I don't really think there's any relevance to what they would consider doing on any other property to this application. They have a need for additional housing, they are in the process of trying to find that. They are working with Walsh Park, they are working with the Island Community board, those organizations have joined in the application to allow the code to be amended to let us be here today, so there is a cooperative effort here. There is a need, as you well know Louisa, for housing on the island, so yeah, they will consider any property that they have and the best way to develop it to meet the needs of the utility company. JUSTICE EVANS: And the other question I have, is that people are concerned about increase to our utility rates which are already extremely high and there's a lot of (inaudible) maintenance and a lot of work that needs to be on water pipes, electric lines, and money can't seem to be found to fix these and now money is being found for housing and they asked me to bring up that point. MR. FINNEGAN: I will say this, I can't address those issues but I will say that yes, there are costs associated with housing. There is a greater cost associated with outsourcing the electrical work to have qualified people coming in and provide these services that could be far, far greater than what is proposed for the housing, for developing property that they already own. It's the cost of the building the house. The long term cost of not being able to get employees in the estimation of the board of the utility company is extremely, is far greater. CHRIS FINAN: Chris Finan, president of the utility company. So there has been a lot of work going on lately with the infrastructure, we have been aggressively working on the water system. We aggressively have been working on hardening the electric system with the resources that we have but you know, our hands are tied a bit on that because we don't have the personnel to go further. You know, for instance yesterday we had a storm with gusts over 60 miles an hour, we had no outages on power whatsoever and I don't know that Southold can say the same but we are working diligently on all the infrastructure. So the cost for housing will increase rates, there's no question, these things are going to cost something but the quotes that we got for bringing in contract labor which is the alternative to having in house personnel is vastly over, I mean, we are a million and a half to bring in contract labor, you know, our salary for a year for a lineman will be about$400,000, so it's a huge increase. So I hope that answers your question. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Board on this particular local law? TOM CASHEL: My name is Tom Cashel, I am a member of the Fishers Island Ferry financial committee and a number of other volunteer organizations on the island. I would just like to say that there are literally hundreds of workers that commute to the island every day via the ferry, the Southold Town Board Regular Meeting February 26, 2019 page 59 ferry is very rarely down so I do take issue with the comment that the gentleman made about being difficult to commute to and from the island. Thank you. MS. DOYLE: I do want to say that I respect Mr. Finan and his work and the utility company's efforts to keep the island up and running. It is accurate that we very rarely lose power, as they fix it really quickly. After hurricane Irene we were out like 13 hours and that was the most ever. but that said, I want to ask you if you can please, because I know that Mr. Finnegan is a very esteemed member of this community and I know that he served as Town Attorney for five years, taking over for his wife, and I would just like to ask if you could perhaps put your personal relationships aside and your estimation that you have for him, which I do too, and look beyond those relationships and truly hear what we are saying, to take this on board and reconsider it. INAUDIBLE COMMENTS MS. DOYLE: That's all and thank you very much. SUPERVISOR RUSSELL: And let me just assure you, that despite having a working relationship with Mr. Finnegan for years, the Board has never, ever under any circumstance looked at any application in a favored light because of past working relationships. Southold Town has 23,000 people. There are people that have come before this board that I went to high school with, it's, I am sure as you are aware on Fishers Island, it's unavoidable. MS. DOYLE: Very small community. I believe you wholeheartedly. SUPERVISOR RUSSELL: Alright. Thank you. Would anybody else like to address the Board before we close the public hearing? This is for the Fishers Island.... LEROY HEYLIGER: As past member of the Southold Town Housing Advisory and as a member of the Southold Town Anti-Bias Task Force, I feel in the room here, an elephant in the room as to this workforce. I wondering what is the composition of the workforce? What is the diversity of the workforce that would be occupying that housing? Will that be taking into consideration, for the Anti-Bias Task Force will be looking into that, the makeup of the utility workers, thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? COUNCILMAN DINIZIO: I would like to at least request something, if we are going to move forward that we get that easement agreement from you? MR. FINNEGAN: The covenant? COUNCILMAN DINIZIO: Yes. SUPERVISOR RUSSELL: It's a condition of the change of zone. Southold Town Board Regular Meeting February 26, 2019 page 60 MR. FINNEGAN: Bill and I will work that out. So absolutely... COUNCILMAN DINIZIO: We couldn't get that before? SUPERVISOR RUSSELL: Honestly, that's a discretion of the board, we can adopt with a covenant if we choose. MR. FINNEGAN: You can tell us what you want the covenant to say, I am happy to negotiate with Bill. I think that the clear intent for it to be (inaudible) as the utility company wants it to be, to year round housing for employees. COUNCILMAN DINIZIO: Well, which is what I heard you say. MR. FINNEGAN: Yeah, yeah. COUNCILMAN DINIZIO: That's all it has to say... SUPERVISOR RUSSELL: Inaudible. COUNCILMAN DINIZIO: I think having it in hand... MR. FINNEGAN: No problem. SUPERVISOR RUSSELL: Would anybody else like to address the Board on this local law? COUNCILMAN DINIZIO: I just have one more question because you weren't quite clear. This piece of property has the ability as it stands right now to have one residence on it. MR. FINNEGAN: Yes. COUNCILMAN DINIZIO: When we are done, if we approve this, it will have an additional residence? MR. FINNEGAN: A two family... SUPERVISOR RUSSELL: In a single building. MR. FINNEGAN: In a single building, yes. COUNCILMAN DINIZIO: I just wanted to make that clear. SUPERVISOR RUSSELL: Thank you, would anyone else like to address the Board? JUSTICE EVANS: I make a motion we close the hearing. Southold Town Board Regular Meeting February 26, 2019 page 61 SUPERVISOR RUSSELL: I would just ask to close the hearing but subject to written comment, keep it-open for written comment for two weeks. There's geographical challenges obviously with Fishers Island getting to Southold Town, so we'll take written comments for two weeks. COUNCILMAN RULAND: Yes, of course. There was a number of comments that came in just today that I read superficially but I am certainly not prepared to vote tonight. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. PH 2/26 4:30 Pm -LL Moratorium Re State Road 25 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 12th 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" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 26th 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 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 Southold Town Board Regular Meeting February 26, 2019 page 62 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, 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 Southold Town Board Regular Meeting February 26, 2019 page 63 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 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 Southold Town Board Regular Meeting February 26, 2019 page 64 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. I do have a notarized affidavit that this hearing was noticed on the Town Clerk's bulletin board and on the Town website. I do have a copy of the legal notice in the Suffolk Times. And I have a letter "Good afternoon, I am writing in connection with the proposed moratorium regarding the issuance of approvals and or permits for the parcels of property located within the SR 25 Love Lane intersection and surrounding area. I am in full support of the use of a moratorium, as I have an office directly in the heart of the subject area and feel a temporary halt to development is warranted, due to bona fide traffic concerns. However, I question the effectiveness of said moratorium, if the moratorium does not include a provision to stop the review of pending projects. The language in section 2 of the proposed moratorium seems to prohibit only the issuance of approvals/permits for a period of 6 months. If that is indeed the case, then this moratorium is hollow, as pending applications may still be processed during said moratorium, and could be approved, and a building permit issued, upon it being lifted or soon thereafter. In accordance with the above, I strongly urge the Board to put teeth into the moratorium by incorporating a clause such as `and suspend any and all review of pending applications/projects within the SR 25 Love Lane intersection and surrounding area'. If the Board feels that such language already exists within said proposal, clarification is clearly required or a vagueness claim may lie, because as you are aware, such vagueness is construed against the drafter. Thank you for taking my comments into account and please make this letter part of the record. Thank you, Stephen Kiely". That's all I have. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local law? GAIL WICKHAM: Good evening, Gail Wickham. I own property at 13015 Main Road in Mattituck. I would like to thank the Board for considering legislation that provides for an orderly development along this section of the Mattituck hamlet, particularly near that Love Lane intersection. But I would like to ask that you consider an exclusion for properties that are already developed, particularly commercial buildings that are paying taxes and hying to run a business and that they at least be allowed to proceed with applications that would be allowed as of right under the town code. Such as uses that are allowed by the zoning in which they are located, site plan applications and also special exceptions which are allowed as of right subject to conditions that the Zoning Board might impose. Six months is not in scheme of things, particularly site plans and things like that a very long time but if it's extended, it could create undo hardships on those types of properties. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? Southold Town Board Regular Meeting February 26, 2019 page 65 CHARLES GUELI: Charles Gueli, president of the Mattituck-Laurel Civic Association. Starting with the Mattituck corridor study in 2005 and again the studies conducted in 2011 and 2015 along with more informal projects conducted by the SUNY Syracuse students and the Board of the (inaudible) when they actually produced a short film about traffic at the Love Lane intersection. All of these studies and projects identify traffic as a major problem in that corridor and it's identified as a safety issue as well as having a negative impact on the local quality of life. The area along the Main Road from Bay Avenue to Pike Street is a key area because the way that traffic is handled in that area will have an impact on the traffic throughout the length of the Town of Southold. And the way it's going to be handled will either relieve or compound future traffic problems and it needs to be a holistic solution which includes intersections at Wickham and Main Road, New Suffolk Avenue and Main Road and of course, Love Lane and Main Road. It's a very complex situation, so I believe a correct solution will not be a quick one. the Mattituck- Laurel Civic Association applauds and supports the town's moratorium because it shows that the town is being prudent by suspending development along this corridor long enough to obtain the results of the current traffic study and then determining the best way to mitigate the impact of increased traffic while ensuring pedestrian, bike riding and automobile safety. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? ANN SMITH: Good evening, my name is Ann Smith and I live in Mattituck. I am here representing a work group of the Mattituck-Laurel Civic Association. We have been put together to monitor applications and development in the area that you are now considering placing a temporary moratorium and I am happy to be here and thank and applaud the board for that effort. Both the Town Board and related boards have had continued success in giving unique support for open space partnerships locally and with Suffolk County. Our unique surroundings on the North Fork require diligence and attention to maintaining and developing community character in the best interest of and safety and well-being of our community members and our visitors. We must be stewards of the land and the waterways. The Mattituck- Laurel Civic Association partnered with Southold Town Board to explore a traffic calming study and consider a significant community input on the use of the various properties for green space and as part of a larger plan to have a walkable hamlet and a park in areas where the town is now proposing this temporary moratorium. We welcome the opportunity to pause together, explore opportunities for possible recreational and community development grants that could usher in a sustainable and unique approach to achieve a vision. A vision for smart growth. These aspirations are based on a range of studies and extensive report provided to you by the civic association. I would like to quote three pieces of from that report, (inaudible) from the Town of Southold Hamlet Study in July 2005, Mattituck's strengths were generally identified as its open spaces and agricultural areas, cultural facilities, beaches and recreational areas. Another major strength is the hamlet center itself and the Love Lane business district. A sense of place created there and its walkability and shops. The primary weakness identified in Mattituck are hodgepodge, unattractive strip development along Route 25 west of the hamlet center and heavy, fast moving traffic. That was from a study in 2005. That has only continued to be the case. The Town of Southold Mattituck business corridor study, which was another brilliant move to do that, in January of 2011, direct quote, the residents of Mattituck and the Town Board have growing concerns regarding the type of development and redevelopment which occurred in Southold Town Board Regular Meeting February 26, 2019 page 66 Mattituck as well as other concerns regarding growth, land use compatibility and aesthetics. In order to protect and enhance the areas resources and ensure appropriate development and redevelopment activities in the future, the town has authorized this focus study to formulate a vision for the corridor. And finally, from a vision statement Southold Town Comprehensive Plan draft 2016, future planning shall be compatible with existing community character while supporting and addressing the challenges of continued land preservation, maintaining a vibrant local economy, creating efficient transportation, promoting a diverse housing stock and expanding recreational opportunities and protecting natural resources. Since 2105, the Mattituck Laurel Civic Association has sponsored 11 public forums to revisit and reconsider the findings of the towns' Mattituck business corridor study and the towns' hamlet study and to contribute to the Southold Town comprehensive plan updates goals and issues for Mattituck-Laurel. And that war appears to be your priority now with this moratorium. Based on the communities input during these meetings, the well-researched document that you received must be unpacked. The recommendations must be reviewed, discussed and considered and actually let's develop a plan. We are will partners in design and commit securing expert resources in the process. The association would like the opportunity to develop ideas and present them in detail to the Town Board. We will continue to respect the Planning and Zoning codes and application process including input at all public hearings to consider smart growth planning. The entire area under the moratorium consideration requires you to pause and consider the traffic study and the completion of the Southold Town comprehensive plan. Proposals put forward for a walkable hamlet and various notes that would anchor the town of Mattituck and reflect the scale of development and is in keeping with the recommendations needs time. Time for study, time for discussion, time for planning, time before sustainable and appropriate development is considered. We agree that the infrastructure and land use must be examined with expert and local input before any applications for development are considered. We fully support the moratorium and to give the town and the community the time it needs. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this local law? BENJA SCHWARTZ: Good evening, Benja Schwartz. I would like to second the opinion of attorney Stephen Kiely, that it doesn't make sense to continue to process applications if you are considering changing the regulations and the rules. When I reviewed the proposed law, (inaudible) official permits or give approvals but it says nothing about accepting new applications or continuing to process existing applications and it seems like that would take up the time and distract from the study which you are already doing are proposed. I would like to congratulate the town for the work done in the, next to the intersection there on the town road that goes, is that Old Sound? Old Sound Avenue, I think that's a considerable improvement over that area and would just like to thank you for presenting this plan for preservation by a moratorium that's not going to stop anything forever but at least we will take the time to consider all the alternatives and choose the right way to go. But I do think that without preventing new applications and closing pending applications, you are still going to be, applicants are going to be maybe still be spending time and going along with their current plans under the existing regulations. That kind of defeats the purpose or puts pressure on that's unnecessary. Thank you. Southold Town Board Regular Meeting February 26, 2019 page 67 SUPERVISOR RUSSELL: Who else would like to address the Town Board? ROBERT HARPER: Good evening, I am Robert Harper of Mattituck and I live on New Suffolk Avenue. My wife Catherine and I came here 30 years ago next month and I think it's the longest we've ever lived in one place and this is the reason for it. At one meeting, Councilman Ghosio, you had said something that really stuck with me and I wrote it down, you said `people come here because we have what they don't have' and they are not coming here to see CVS, they are not coming here to see an empty Capital One building or McDonalds, they are coming, if you go around that bend where Love Lane is, that's what they are coming here for. That's why we are here and that's why we have been here for 30 years and that's why we have no intention of leaving. I want to thank all of you for having the courage and the foresight to just put the brakes on things. When development just kind of goes out of control, we get things that maybe we don't need. And I just took a walk through Mattituck this morning, I took pictures of 32 properties, buildings that are vacant. Some of them have been vacant for years. One of them I think 15 years is about, it's the little older pink building on the Main Road across from the shopping center. If we do that kind of development, we are going to be stuck with buildings we don't need and I will give you a personal example, Catherine and I do our business on Love Lane. There is a post office there. We go to the post office, pick up our mail and we used across the street and go to the bank and we would meet people, you'd say hello to them. That's what this community is all about. Now we have to get into our car, drive up to the Main Road, go into a parking lot and go to a building that at this point is lit 24 hours a day, as if you didn't know it was there, it's not what Mattituck is. It's impersonal. It hasn't changed our lives for the better and it's left an empty building on Love Lane. We have that building, we have on the corner, we have the octagon building there which is a national register property. That building has been vacant for the longest time. Going down Love Lane, I just noticed that there's another shop where the little frame place used to be and that's got paper in the window. I think what you are doing is saying let's take a moment, let's take a breath and let's see what we are really all about. If I could just show you our community character document. This is a part of the CPF law and on the first page is this lovely statement. The bucolic quality of the town is anchored by the scenic quality, the culture and the history of the (inaudible) environment, landscapes and waterscapes. The importance of preserving these qualities is paramount in maintaining the' quality of life in the town. If you think from the train bridge to let's say Handy Pantry, the bucolic quality of the town, there's nobody coming here to see that. Let's think about what we are going to do with this particular corridor. I thank you for your time. SUPERVISOR RUSSELL: Bob, what was that that you said? They come here because we have what they don't have? COUNCLMAN GHOSIO: That's right. SUPERVISOR RUSSELL: I would say the converse is also true, they come here because we don't have what they have. JOHN CARTER: Thank you very much for this opportunity. My name is John Carter, relative disclosure, I am a member of the Mattituck-Laurel Civic Association, a member of its board. Southold Town Board Regular Meeting February 26, 2019 page 68 But tonight I speak briefly as a citizen and to mirror Robert's remarks, I too thank you in all frankness for the wisdom and the fortitude to make this proposal to protect Mattituck. I want to highlight to highlight two points that I believe the proposal makes. The first is that Mattituck is facing a range of opportunities and challenges and influences and point number two, Southold Town and the Mattituck community (inaudible) need this time to study the work that's being done, the work that has been done, to discuss it and ultimately address the challenges, the opportunities and the influences that we are facing. I support your proposal including all the comments made tonight, whether vocally or in writing and thank you again. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular... BARBARA SOLO: Hi, Barbara Solo, New Suffolk. I am here per the email that I got from the civic association that we should stand with Mattituck people on this moratorium and I also want to voice my opinion on (inaudible). I believe it's a hardware store, correct, that they want to put in there? SUPERVISOR RUSSELL: I don't want to address specific properties. MS. SOLO: Alright. Alright. I remember when there used to be greenhouses for Wickham's farm, hothouses on that road. Does anybody else remember that? Okay. And it didn't seem to bother anybody but that is the worse intersection in the world to try to make a left turn out of. I mean you can get backed up eight cars and wait and wait and wait. And on the other side also and I agree with everybody that it is very dangerous there traffic wise. The people walking, people crossing the road and I do agree with your moratorium and I hope that the right avenues are brought up. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? PHIL BARBATO: Phil Barbato, Jamesport. I am sitting here listening to this and I am so glad that the town next door has some foresight and such intelligence to really take a second look at this type of things and I am sorry I am just a couple of miles over the line. I applaud you on your approach and I wish you great success. I am associated with civic associations in Riverhead and (inaudible) so we are very interested in what's going on next door. Thank you for your efforts and your intelligence. SUPERVISOR RUSSELL: Thank you very much. Who else would like to address the Town Board? MERYL KRAMER: Hi, my name is Meryl Kramer, I am a Mattituck resident. I am also, I am here as a citizen but I was a member of the professional committee that was evaluating Mattituck designs, a central Mattituck design study that took place this past year. It was a design assignment for students at the SUNY College of Environmental Science and Forestry, landscape and architecture program. The professors and the students involved the study identified Love Lane area of Mattituck being grouped together by five primary nodes. Node by the way from an Southold Town Board Regular Meeting February 26, 2019 page 69 architecture standpoint or a landscape architecture standpoint is a place of importance for human activity that intersect, thereby creating design opportunities and challenges. The studies goals were two fold. One was the creation of an inviting, walkable destination (inaudible) that link together the currently segregated southern and northern end of the Love Lane corridor, two, the creation of traffic calming measures that avoid traffic jams (inaudible). The student ideas that were presented to the Mattituck Laurel Civic Association are, some of them are now displayed on Love Lane, I see people stopping and looking at them and they seem to be piquing a lot of interest. As part of small professional committee that was made up of architects and landscape architects over the summer, we prepared a powerpoint presentation summary, Scott, you were there to hear the presentation, we shared the presentation with the Planning Department as well but basically we were just trying to summarize the commonalities between the students design applications. Everybody basically has the same goals, which again, I applaud you all, we all applaud at the same ideas we have heard for years and years and years between the Mattituck corridor study, the town comprehensive plan, the Mattituck stakeholders, we are all trying to achieve a common goal and I think maybe now we are finally at the breaking point, were we all are ready to actually make change and plan the future, so bravo to the Town Board for bringing us this moratorium and I hope we can all work together to plan for (inaudible). SUPERVISOR RUSSELL: Who else would like to address the Town Board on this public hearing? Mr. Cortese? MIKE CORTESE: Mike Cortese, Mattituck. Actually I live on the corridor itself. I started living there in 1947 when I was born and have lived there most of my life. And we definitely need (inaudible). Things we need, mostly traffic calming. I invite you to come to my house (inaudible) and watch what happens on the border. SUPERVISOR RUSSELL: I will say two things. We did pass the dark skies law and we have received some compliance but we have a ways to go, without a doubt. And the other thing that I would say in the interests of disclosure, Mr. Cortese was my high school science teacher, I will judge how much weight I give your words based on the grades you gave me. But I do have to go home and pull out some old report cards, because that was in the 9th grade. MR. CORTESE: There was no grade on the senior play. SUPERVISOR RUSSELL: Oh, that's right. I forgot. Who else would like to address the Town Board on this local law? COUNCILMAN RULAND: I would only like to address Mr. Cortese, Mike, it was refreshing to hear from someone older than me. Since we grew up together, went to school together and did a lot of things... MR. CORTESE: A year difference. COUNCILMAN RULAND: Yes, but you are the older and wiser. Thank you. Southold Town Board Regular Meeting February 26, 2019 page 70 SUPERVISOR RUSSELL: Just so you know, not to interrupt this but a lady that had spoken before about our past professional relationship with Mr. Finnegan,just shows you how small of a town this his, Mr. Cortese was my teacher, Mr. Underwood was my teacher, when I graduated Mattituck High School, Bill Ruland handed me my diploma as president of the school board. So, who else would like to address the Town Board? Jim? COUNCILMAN RULAND: How come he's not Mr. Underwood? JIM UNDERWOOD: Too young. Jim Underwood, Laurel. I guess I am a little greedy, six months? Is six months going to be an adequate time to assess what we have to? I am another person, Riverhead transplant. I owned a home in Riverhead, in 1996 1 saw the turn that Riverhead was taking. In particular my concern was that the new K-Mart was going to have traffic riding right through my neighborhood. Well, K-Mart is no longer and luckily I am out here away from what is going on there. But I just wanted to bring that up in terms of why we are sticking to six months when it might take longer. SUPERVISOR RUSSELL: We reserved the right to extend it for as long as we need to, to get the work done. MR. UNDERWOOD: Okay. SUPERVISOR RUSSELL: So the six month is just the timeframe outline but there is language in there that allows us to extend longer. MR. UNDERWOOD: Okay, thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? MR. HARPER: Can I just read a quick paragraph? SUPERVISOR RUSSELL: Sure,please. MR. HARPER: I was going to read the book but...I did read this quote, I think Councilman Ruland, you heard this at one of our meetings, this is written by the Reverend Charles Craydon who was the minister of the Presbyterian Church in Mattituck. He can't be here tonight because this is from 1906. This obviously was written with love. He says, this was at the end of his (inaudible). The hope is that this cherished book will fill satisfactorily its own place and need. It will preserve the annals of the village and the old church and it is fondly hoped that it may help to bind the hearts of the savage sons and daughters of Mattituck seal more closely to the old home place. And that it may have influence in conserving the best elements of character and marked individuality of the village for there is no other village like it. Mattituck is destined to outgrow the limits of the past, its population, wealth and importance but she must not outgrow our best traditions. A greater Mattituck let her become but ever the same Mattituck. Thank you. Southold Town Board Regular Meeting February 26, 2019 page 71 SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? (No response) Motion to close the hearing? RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 3. PH 2/26 4:30 Pm MDH, LLC Dev Rights Acquisition COUNCILMAN GHOSIO: What I would like to do is open the first two hearings on this preservation, these two properties because they are adjacent and related, they just had to be submitted under separate corporation names, so I am just going to read one of the notice of public hearings for both and we will open them both up at the same time. NOTICE IS HEREBY GIVEN 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. 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. NOTICE IS HEREBY GIVEN 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 Southold Town Board Regular Meeting February 26, 2019 page 72 the purchase of a development rights easement on property owned by 410 Sound Avenue, LLC. Said property is identified as part of SCTM #1000-120.-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. I have a notarized affidavit that these hearings have been advertised on the Town Clerk's bulletin board and on the Town website. I also have a copy of the legal notice from the Suffolk Times. That's it. MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noted the public hearing involves two adjacent properties and the hearing is for the town to acquire development rights easements on each parcel for agricultural purposes, using the Community Preservation Fund. The easement acquisitions will occur simultaneously. The farms are shown on the map in front in red. Each parcel is excluding just over two acres and preserving the rest of the farm. One of the excluded areas includes the farmstand known as Patti's Berries. The final purchase price of each easement will be based on the survey acreage and that's a purchase price from the CPF of $62,750 per buildable acre. Both of the farms are 100%prime ag soils and are, I believe, 100 % actively farmed. The existing preserved farms are labeled in white on the map, there are preserved farms adjacent to and in the vicinity of the property. The property, the western most property is on the border of Southold and Riverhead. Just within the Town of Southold, within a mile radius of the farm, there are over 300 acres of already existing preserved farms through either the town or the county's development rights programs. There's also some open space around Laurel Lake which you can't see on that map exceeding hundreds of acres. The landowners and I had talked on and off again about preserving these farms for many years and I Southold Town Board Regular Meeting February 26, 2019 page 73 really would like to express my thanks to the family for working with the town now to preserve their very important farmland. Preservation of this farm is supported by the Land Preservation Committee and it is recommended that the Town Board proceed with the projects as proposed. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular hearing? BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. One hundred percent actively farmed, is this the MG certified organic farm that we are discussing? MS. SPIRO: No, it is not. MR. SCHWARTZ: Oh, because apparently there is an organic farm that's either one of the subject properties or directly opposite.... MS. SPIRO: No, that's on the north side of Oregon Road. MR. SCHWARTZ: Is it right next to, really? Okay, my google made a mistake. MS. SPIRO: Yes, I believe so. MR. SCHWARTZ: The reason I asked that is actively farmed, you know, I mean farming, there's many, many ways of farming and some of them are highly respectable and admirable and others lead to dust bowl and on Long Island to Temik and contamination, pollution of our aquifers. So originally the CPF (inaudible), the Town of Southold began purchasing farmland to preserve the farmland and it was thought that we had to just grab it and then we'd figure out later what means what was said tonight for agricultural purposes. Are the specific, particular covenants and restrictions that are proposed to be included in the subject easements available on line without traveling to the Land Preservation office? MS. SPIRO: The particular easement for this is still part of the confidential review part, but you can look online at any of the past development rights that we have purchased and they are the same easement. MR. SCHWARTZ: Well, you know, you can look at past ones and if they are the same, why not show us this one? And in addition to that, I believe there are open meeting laws that when a proposal like this is put before the Town Board that the confidentiality is no longer active and in fact, if the town is able which I believe this town is able-they do post the agenda online, there should be a way (inaudible) the relative documents right from the agenda. But its critical issue is, what exactly, what are the agricultural purposes that we are talking about? The generality in describing, defining such purposes leads to disputes and confusion and people do things they shouldn't do just because they don't know what to do and if it was part of the particular covenants that the farm would be required to be certified organic, then I think it would be a significant bonus to the town to look into properties that not only promise to stay in farming but Southold Town Board Regular Meeting February 26, 2019 page 74 in farming that is not harmful to the environment. In fact, done properly, I think organic farming can be a benefit to the environment. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular public hearing? COUNCILMAN RULAND: Yes, I would just like to reiterate what Melissa said and it goes to the comments at the previous hearing. This is at the gateway to the border between the Town of Riverhead and the Town of Southold. When you transition the corridor, when you come from Riverhead, you can see how much that corridor has changed. When you come across the town line, the picture that is going to be there as far as we can plan I think is something that is beneficial to the entire town and the fact that a farmer is going to farm it I think is the most important issue. Farming today is driven by sound agricultural practices and no one is going to knowingly going to do something that's detrimental or is going to harm someone. Agriculture is in one sense very succinct and in other sense you are rolling the dice when it comes to the weather and pestilence and things that you have no control over. But when we look beneath that and say, the land is preserved, I think this is the goal and going forward I think should continue to be the goal. And when you cross the town line, especially eastbound, this is what you see first and you will continue to see that for a long time. SUPERVISOR RUSSELL: I am also going to second that and say that I think you will find that the agricultural community are excellent stewards of the land as best they can. If we get into the habit of micromanaging how they run their business, we might see the end of the PDR program and that's bad, bad precedent of policy for`the town. JUSTICE EVANS: Motion to close the hearing. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 4. PH 2/26 4:30 Pm 410 Sound Ave LLC Dev Rights Acquisition See above Public Hearing Minutes RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland,Doherty, Ghosio, Evans, Russell 5. P.H. 2/26 4:30 Pm -Robinson Dev Rights Easement Acquisition COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN 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- Southold Town Board Regular Meeting February 26, 2019 page 75 100.-2-4. The address is 2105 Oregon Road in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is 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. I have a notarized affidavit that this hearing was advertised and posted on the Town Clerk's bulletin board and on the Town website. And again, I have a copy of the legal notice from the Suffolk Times. MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noticed the public hearing is for the town to acquire development rights easement for ag purposes using Community Preservation Funds. Once again, the farm is shown in the front outlined in red. The purchase price will be based on the surveyed acreage, the landowner is excluding from the sale approximately 4.25 acres located on the Oregon Road side of the property and the excluded area includes the existing house and barns. The excluded area is indicated with the broken white line. The excluded area is not subject to the easement and the minimum 80,000 square feet is required to remain as part of the farm in the future should the landowner wish to divide off some of that development area. The farm includes over 75% prime ag soils. White labels again on this map indicate lands that are already preserved through the town or the county program. There is a really large block of preserved farmland to the east of the Robinson farm and preservation of this farm expands this already existing large block of preserved farmland further to the west. Within a mile radius of this farm, there are over 600 acres of preserved farmland. Roger Robinson has been thinking of selling the development rights for some time and I would really like to thank him for deciding to proceed and to give the town the opportunity to work with him on preserving this important piece of farmland on Oregon Road. Preservation of this farmland is again supported by the Land Preservation Committee and is recommended that the Town Board proceed with the proposal as proposed. Thank you. Southold Town Board Regular Meeting February 26, 2019 page 76 SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular public hearing? COUNCILMAN RULAND: Yes, I would. I would be remiss if I didn't. Part of looking at this picture as presented by the Land Coordinator is that we can't see it's enormity in relation to the corridor along Oregon, on both sides, the north and south sides of that road. And within that corridor and including this piece are some of the richest soils in the State of New York. It's kind of ironic that in a place that is undergoing so much pressure that anyone would offer the development rights to a parcel this size but I would echo your comment that the Town Board, I know Roger and I have known him a long time and I am certainly grateful that he has chosen to do what he has done but again, as we look at this in its entirety and that's just a piece of the puzzle as you pointed out Melissa, when we look at it in its entirety, this is a piece of the puzzle that expands that picture that we really can't see real well but the enormity of what 500 or 600 acres looks like along the corridor of Oregon Road is really huge; for our town. You can go in another area 600 acres is nothing but in our town, this is significant and I am certainly happy, I am one of those people with the 600 acres within a mile, so it's good. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the business of the agenda. Would anybody like to comment on any issue? Benja Schwartz BENJA SCHWARTZ: First of all, I wanted to ask a question. Who do you thank for these new microphones? SUPERVISOR RUSSELL: We actually, the Town Board, recognize that it's been an ongoing problem for some time. Lloyd Reisenberg, our IT coordinator, had actually worked with a contractor to install and to upgrade all of the communications and our hope is that now channel 22 people can hear us. We have done our job, let's hope cablevisions equipment does its job. MR. SCHWARTZ: It surely makes a difference here in the room tonight, especially compared to the last Town Board meeting when we had no mics. I see they are made by Schure, they are very high quality. We could start a musical group or something. SUPERVISOR RUSSELL: You are not going to start singing a bubbly rendition of the Love Boat theme, are you? MR. SCHWARTZ: Unfortunately, Scott, I am going to take the opportunity to correct what I believe is an erroneous statement that you made tonight but first I would like to touch on your claim that the public hearing, the required public hearing but only one of the public hearings on Southold Town Board Regular Meeting February 26, 2019 page 77 the topic of this proposed change of zone. Just because that public hearing's required, it doesn't become the only public hearing. It is a public hearing and there are others, for instance, tonight we had a chance before the meeting and we have a chance know, so you Scott, said you were playing the devil's advocate but I sense the way you were agreeing with the advocate or the attorney for the applicant that you were also playing the guardian angel of this proposal for a limited business zone. So tonight you took your opportunity to use the podium to give your opinion on spot zoning and I would like to make it clear that that is apparently your opinion but perhaps others disagree, including our legal system. Spot zoning is not a meaningless rallying cry of people opposed to development... SUPERVISOR RUSSELL: I didn't say that. MR. SCHWARTZ: That's the implication. That's what I understood from what you said. SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: Spot zoning is an essential, if not the most essential principal of land use regulations including zoning. Would you like to say something... SUPERVISOR RUSSELL: Yes, what I said was the term gets run around so much it starts to lose meaning. Let me remind you, the Town Board has the right to review and zone properties on its own motion or if there is a compelling public interest and if it's sound and rational. I in no way have tried to indicate I support or oppose an application. I am truly struggling with it. I can't even say I am leaning one way or the other but let me point out what I mean by spot zoning. You had actually come before this Board some years ago and advocated the rezoning of the property that is now the Heritage. That is one single property. You had advocated for the rezoning of one single property. How does that differ than the application to rezone a single property in Mattituck? In other words, we have to be careful. MR. SCHWARTZ: First of all, I wasn't the only one advocating for that. SUPERVISOR RUSSELL: I agree. MR. SCHWARTZ: The Planning Board actually did not, perhaps not change the zoning, it was in the same zone but they changed the parameters of that zone, so they effectively rezoned it and then withdrew the rezoning even though but I don't want to get into the Heritage, so the meaning of spot zoning is it's very important. And unlike the proposed limited business, so called limited business zone, change of zone to limited business, you know, the term limited is misleading. The limited business zone is designed to allow opportunities to increase the intensity of business outside of the hamlet use, that is in the purpose clause of the limited business zone law. It is to un-limit rather than to limit, it's to increase the business whereas the residential office zone is intended to provide a buffer between. The differences, while you are entitled to zone one particular piece of property, spot zoning has been described by courts as zoning which is different from the zoning around it. as I believe it was the Planning Board opinion that I believe you had requested, I believe they pointed out that there was already a residential office zone Southold Town Board Regular Meeting February 26, 2019 page 78 adjacent to the subject property, where there is no limited business zone in that area. Or next to the property anyway. So that's one thing. But it's not that you are just zoning one property, that's not spot, the difference, spot zoning is not even about the size of the property. You can zone a little tiny speck of property, it's spot zoning if it's out of character of the zoning, it doesn't fit into the zoning (inaudible) of the town. If it's in accordance with the comprehensive plan for the town,then it is not spot zoning and I believe that the... SUPERVISOR RUSSELL: That's what my point was. MR. SCHWARTZ: The limited business zone would be out of character with the limited business zoning there would increase the business outside not only of the hamlet center but also the hamlet location area. Which is designated around the hamlet which was originally just made a big circle of everything around the hamlet and then they figured out certain places it would not be appropriate, including most of the subject property, not all of the subject property. Now there is another issue with comprehensive zoning. Two others that I would like to discuss. Number one, we don't have a comprehensive plan for the Town of Southold. Southold Town Board, neither this Town Board nor the predecessors have never adopted a, there have been comprehensive plans developed but they have never been officially adopted to my knowledge. So this update that we are doing now is an update of a plan that is in the process and it hopefully will be adopted as the first comprehensive plan. Now.... COUNCILMAN GHOSIO: I am sorry, I could be wrong and I'll have to go look but as I remember, John Romanelli was involved in the last comprehensive plan that I believe was developed with Valerie Scopaz? INAUDIBLE COMMENTS MR. SCHWARTZ: If you think there's a comprehensive plan, then tomorrow you can tell me which one it is and get me the citation where it was adopted. But whether it was adopted or not, there was no comprehensive plan when zoning was enacted. And the courts had said, that's okay because we don't have the time to make everything planned, by the time we do that it will be too late to do any regulation and any controls on it. So the courts allowed the towns, Southold included, to do that. However, now the court said, well we have to know whether its spot zoning or zoning appropriate in accordance with the comprehensive plan. Well, how do we know? Well, okay, we don't have a comprehensive plan but we do have a lot of planning. I think in fact we have some comprehensive plans that were created but not adopted (inaudible) but we know, both of us know we have a lot of planning. For example, the hamlet studies. SUPERVISOR RUSSELL: Absolutely. MR. SCHWARTZ: So if we look at that, all of them and we also look at our own understanding, you don't have to be a planner or a legislator to understand how good planning makes for a healthy economy.... Southold Town Board Regular Meeting February 26, 2019 page 79 SUPERVISOR RUSSELL: I understand everything you said and that was my point, that you have to look at the merit of the application. You can't say, well, it's spot zoning if you go into a use people don't want but it's not spot zoning if you are going to a use people want. MR. SCHWARTZ: That's not what we are saying... SUPERVISOR RUSSELL: That's what my point was, was that it has to be looked at based on its merits... MR. SCHWARTZ: You missed the point that your Planning Board made that the residential office zone was actually appropriate considering the comprehensive zoning that isn't (inaudible) although there's no comprehensive plan for everything, there is a zoning regulation that applies to all areas of the town. SUPERVISOR RUSSELL: And it made sense but that wasn't the issue, the issue is everybody is using the word spot zoning but I agree with you, the zoning has to be looked at in the entirety and the character of the community but the town can look at one parcel provided we are doing exactly what you say we are doing. That's what my point was. I am not arguing with you. MR. SCHWARTZ: Inaudible. COUNCILMAN DINIZIO: I have got to go because this is kind of getting into the... MR. SCHWARTZ: I will finish up, Jim. COUNCILMAN DINIZIO: No, no, I abstained from this. MR. SCHWARTZ: Oh, I am sorry. I understand, you want to (inaudible) SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: Alright, so I will be very quick. There is also somewhere in the planning of the town, there was a proposal I think it's in the land use chapter of the proposed new comprehensive plan to identify and review all of the split zone parcels in the Town of Southold. And that is another reason why the current proposal is, in my opinion, a consideration of spot zoning because you are not even considering the entire parcel. Now, there's a principal in the law that if a judge makes a decision and one of the parties wants to appeal that decision and you all in that sense are a quasi judicial, you know, quasi-legislators, you've legislated, you made a decision, you have done the zoning and now the applicant has appealed the zoning on a particular property. By appealing the zoning on one proposed subdivision of that particular property, I believe at the very least you should look at the rest of that property, if not the property around it and you have to (inaudible), the same way you (inaudible) the moratorium. You can't rezone the whole town just to zone one little property. Southold Town Board Regular Meeting February 26, 2019 page 80 SUPERVISOR RUSSELL: I don't want to be argumentative and I certainly don't want to drag this out. But how do you know we are not considering all that? In other words, I am looking at the totality including a proposed subdivision... MR. SCHWARTZ: No but you... SUPERVISOR RUSSELL: When I evaluate what the request was. All I have been telling people was the town can only respond on the specific request. The considerations (inaudible) MR. SCHWARTZ: Inaudible. I agree with you. SUPERVISOR RUSSELL: Well, we are agreeing a lot... MR. SCHWARTZ: But it's misleading when you say you can only vote yes or no, limited business or no limited business or stay the same as it is. you also have the inherent power to take the initiative to propose a rezoning in any way you want and in fact, if you look at the advice to Town Boards from New York State as to how to do zoning, it often involves one proposal gets voted down and then a new proposal takes its place and I think that new proposal, whether it includes a full-fledged environmental impact statement or just a more fuller consideration of the environmental impacts and the connectedness to the comprehensive plans, I think a consideration of rezoning the entire parcel would be the beginning of the way that I would proceed. SUPERVISOR RUSSELL: I appreciate it. Thank you. MR. SCHWARTZ: Alright, thank you. Supervisor Russell SUPERVISOR RUSSELL: Would anyone else like to address the Board? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:27P.M. oylik Elibeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell