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Home My WebLink AboutTB-07/30/2019 1 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK a�o�oseFFoc t�oGs PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�/pl �ao� Telephone: (63,1)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown:northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING July 30, 2019 7:00 PM 1 A Regular Meeting of the Southold Town Board was held Tuesday, July 30, 2019 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on July 30, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization 9 Title _Status Arrived James Dinizio Jr Town of Southold ; Councilman Present William P. Ruland Town of Southold Councilman Present .__._. __. .._ ..,_4_ ... .. ............. .... .. ..,....,,._. .. .. .,. w.. Jill Doherty Town of Southold ; Councilwoman Present Robert Ghosio Town of Southold'-'—',f-Councilman Present Louisa P. Evans Town of Southold ,'' Justice Present 4 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 Monthly Reports II. Public Notices III. Communications IV. Discussion 1. 9:00 PUBLIC HEARING - Coastal Erosion Hazard Board of Review Appeal of Harry and Haykuhi Bashian 2. 9:15 Legislator Al Krupski l , Southold Town Regular Board Meeting July 30, 2019 page 2 3. 9:30 Todd Feuerstein,Denis Noncarrow and Housing Advisory Commission 4. 10:00 Craig Jobes and Jeff Standish 5. 10:15 Councilman Ruland, Janet Douglass and Jeff Standish 6. 10:30 Denis Noncarrow, Jeff Standish and,Michael Collins 7. 10:45 Councilman Ruland and Jamie Richter 8. Justice Evans 9. Justice Evans 10. Proposed Amendments to Ethics Code 11. Volunteer Firefighter Exemption Code Change Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:19 AM for the purpose of discussing the following matters: LABOR-Matters Involving the Employment/Employment History of a Particular Person(S) 11:15 Vincent Orlando 11:30 Chief Flatley 11:45 Jeff Standish Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof Bob Ghosio, Liaison to Land Preservation Committee RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 12. EXECUTIVE SESSION - LABOR -Matters Involving the Employment/Employment History of a Particular Person(s) 13. EXECUTIVE SESSION - Proposed Property Acquisition(s), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:18PM. Southold Town Regular Board Meeting July 30, 2019 page 3 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 1:18 P.M. until the Regular 7:OOPM Meeting of the Southold Town Board. RESULT: -ADOPTED [UNANIMOUS] MOVER: . William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Special Presentation Recognition of Lucas Kosmynka's Short Film Work Minutes Approval RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, March 26, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dinizio Jr Voter 0 ❑ _ ❑ ❑ 0 Accepted William P Ruland Voter 0 ❑ ❑ ❑ ❑ Accepted as Amendedhll Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P.Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, April 09, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dinizio Jr Voter 0 ❑ ❑ ❑ 0 Accepted William P Ruland Voter .0 ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑' ❑ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ _Louisa P Evans Mover 0 - ❑ ❑ ❑ Scott A Russell Voter CEJ ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold,hereby accepts the minutes dated: Tuesday, April 23, 2019 ✓Vote Record-Motion Yes/Aye . No/Nay Abstain Absent 0 Accepted James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended William P Ruland Voter 0 El ❑ ❑ ❑ Tabled Jill Doherty Voter z ❑ ❑ ❑ RobertGhosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 0 0 0 Southold Town Regular Board Meeting July 30, 2019 page 4 Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, May 07, 2019 ✓Vote Record-Motion Yes/Aye No/Nay Abstain Absent James Dmizio Jr Voter 0 ❑ ❑ ❑ 0 Accepted William P Ruland Voter 0 ❑, ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 2 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ RESOLVED that the Town Board of the Town of Southold hereby accepts the minutes dated: Tuesday, May 21, 2019 ✓Vote Record-Motion Yes/Aye No/Nlay Abstain Absent James Dmizio Jr Voter 9 ❑ ❑ ❑ 0 Accepted William P Ruland Voter 0 ❑ ❑ ❑ ❑ Accepted as Amended Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tabled Robert Ghosio Seconder 0 ❑ ❑ ❑ Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 ❑ ❑ ❑ 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 7:OOPM 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, Openiniz Comments Supervisor Russell SUPERVISOR RUSSELL: Before we get to the regular business of the agenda I want to introduce a young man who has actually being recognized, I mean, wherever you go for his work in film and the work he has created. There are two issues that are very compelling to us, one I am going to bring him up to embarrass him even further, his name is Lucas Kosmynka and I am going to present a proclamation. He was recently recognized for a short film he created for suicide awareness called 'You Matter'. It's been recognized by the Suffolk County Department of Health and received Best in Show at the Five Towns College Film Festival. I want to present a proclamation on behalf of the entire Town Board 'The Town Board of the Town of Southold on behalf of the residents of Southold Town wishes to recognize Lucas Kosymnka for bringing awareness to vital world issues with powerful messages displayed in his short film and whereas Lucas, a recent graduate of Mattituck High School (congratulations, that's my alma mater, you must be very proud) well known as a top tennis player, photographer and cinematographer; whereas Lucas' partnership with the school district custodian Mike Fedele created a series of Southold Town Regular Board Meeting July 30, 2019 page 5 short videos which have won several distinguished acknowledgments and notable awards; whereas the duo's first video on suicide awareness 'You Matter' was recognized by the Suffolk County Department of Health and received best in show at the Five Town College Film Festival and whereas their second video about driving 'Heads Up' won first place in a national contest hosted by End Distracted Driving and the SADD organization; whereas Lucas' creativity, vision our a powerful example of inspiration for our entire community; now therefore be it resolved that the Town Board of the Town of Southold congratulates Lucas Kosymnka and wishes him continued success from his film production studies at Syracuse University this fall and on all future endeavors' This is presented on behalf of the entire Town Board. I want everybody to know that the short documentary 'You Matter' will be broadcast on channel 22 over the next several weeks so that everybody has a chance to see it. In the meantime, what I would like to show you is the PDA he did to end distracted driving. This again was an award, this was a short PDA that won a national competition. And incidentally, we were too old to figure out how to use the equipment, so he will. (Film shown) Lucas, I can't tell you how impressive that PDA was, on behalf of this entire town, you make us all very proud. Thank you. And again, we will be showing 'You Matter' a three or four minute awareness film on suicide awareness in Southold Town. Lucas, thank you very much. With that, I would ask anybody that would like to address any of the agenda items to please feel free. I know some of you are here for a public hearing we are having, that comment we will take when we recess for the public hearing. But on any of the other agenda items? (No response) V:Resolutions 201T9;-662DAudit Cr3tL:GOR17. Audit DEPfIRTj1,1E,'VT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated July 30, 2019. ✓Vote Record-Resolution RES-2019-662 Rl Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nav Abstain Absent ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Z ❑ ❑ ❑ ❑ Supt Hmvys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost r Southold Town Regular Board Meeting July 30, 2019 page 6 2019-663 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, August 13, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 PM. ✓Vote Record-Resolution RES-2019-663 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter 0 El ❑ ❑ 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 2019-664 CATEGORY. Set Meeting DEPARTIVENT. Town Clerk Annual Fishers Island Town Board Meeting RESOLVED that the Annual Fishers Island Town Board Meeting of the Southold Town Board be held, Wednesday, August 7, 2019 on Fishers Island, New York at 1:30 P. M.. ✓Vote Record-Resolution RES-2019-664 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn William P Ruland Voter 0 El El Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt El Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ El ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold.Town Regular Board Meeting July 30, 2019 page 7 ❑ Lost 2019-665 C,4TEGOR Y• Attend Seminar DEPARTMENT: Historian' Amy Folk to Attend Seminar "Resolved that the Town Board of the Town of Southold Hereby Grant Permission to Amy Folk to Attend a Seminar Entitled Association of Public Historians 2019 Annual State Conference in Albany, NYfrom Sept 9 to Sept 11, 2019. All Expenses for Registration, Travel, Lodging and Meals to be a Legal Charge to the 2019 Budget (Meetings and Seminars). Funds Are Available in Account Number A.7510.600.2;Historian, Meetings and Seminars." RESOLVED that the Town Board of the Town of Southold hereby grants permission to Amy Folk to attend a seminar entitled Association of Public Historians 2019 Annual State Conference in Albany, NY , September 9-11, 2019. All expenses for registration, travel to be a legal charge to the 2019 budget(meetings and seminars). ✓Vote Record-Resolution RES-2019-665 0 Adopted ❑ Adopted as Amended ❑ Defeated ; Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans f Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-666 C4TEGOR Y• Committee Appointment DEPARTMENT. Land Management Coordination Bay to Sound Phase 3 Project Advisory Committee RESOLVED that the Town Board'of the Town of Southold hereby ratifies the formation and establishment of the Bay to Sound Phase 3 Project Advisory Committee as of July 30, 2019. The Committee is formed for the purposes of monitoring the Bay'to Sound Phase 3 Project and advising the New York State Department of State and the Town Board as to the status of same Southold Town Regular Board Meeting July 30, 2019 - page 8 and is a requirement of the New York State Department of State grant contract C1001150. The committee shall consist of the following members to serve until the completion of the project: John Sepenoski GIS Technician -Project manager Michael Collins Town Engineer- Grade crossing plan, bid documents, demolition management North Fork Environmental Council - Local environmental group Group for the East End - Local environmental group Town Board - Ex-officio Town Trustees - Ex-officio ✓Vote Record-Resolution RES-2019-666 0 Adopted ❑ Adopted as Amended ❑ Defeated - El Tabled Yes/Aye No/Nay Abstain Absent ❑ 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 2019-667 CATEGORY. Contracts, Lease&Agreements DEPARTMENT: Town Attorney Black Box Network Services Financial Impact:Phone Maintenance Annex RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Norstan Communications, Inc. dba Black Box Network Services for the phone maintenance services for the Southold Town Hall Annex for the total amount oaf One Thousand Eight Hundred Dollars ($1,800), funded from budget line A.1680.4.400.450 (Telephone System Maintenance), subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-667 0 Adopted Yes/Aye No/Nay, Abstain Absent ❑ Adopted as Amended ,lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑_Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter R1 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ El Tax Receiver's Appt Scott A Russell Voter D ❑ ❑ ❑ Southold Town Regular Board Meeting July 30, 2019 page 9 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost I 2019-668 a CATEGORY Committee Appointment .DEPARTMENT: 'Supervisor Appointment to Housing Advisory Committee 1 RESOLVED that the Town Board of the Town of Southold hereby appoints Marilyn Sierra as a member of the Housing Advisory Commission, effective immediately, term to expire March 31, 2022. ✓Vote Record-Resolution RES-2019-668 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 ❑ ❑a ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑a ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑I ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ 01 ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑j ❑ ❑ No Action- 11 ction❑ Lost I 2019-669 j CATEGORY: Refund DEPARTMENT.• Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's ' office that this fee may be refunded, now therefor be it Southold Town Regular Board Meeting July 30, 2019 page 10 RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit North Fork Country Club 4/11/19 250.00 Peter Cowan PO Box 725 Cutchogue,NY 11935 ✓Vote Record-Resolution RES-2019-669 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .till 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 2019-670 CATEGORY. Refund DEPARTMENT. Town Clerk Filming Clean-Up Deposit and Traffic Control Refund WHEREAS Essence Communications supplied the Town of Southold with a refundable Clean- up Deposit fee in the amount of$250.00 and no Traffic Control fee was required, and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that the Clean-up Deposit Fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the total amount of $250.00 to Essence Communications, c/o Tracey Woods, 241 37th Street, 4th Floor, Brooklyn,NY 11232. ✓Vote Record-Resolution RES-2019-670 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ 0 Supervisor's Appt Louisa P Evans Voter 0 0 0 ❑ Southold Town Regular Board Meeting July 30, 2019 page 11 ❑ Tax Receiver's Appt Scott A Russell Voter ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-671 CATEGORY. Refund DEPARTMENT. Town Clerk Filming Clean-Up Deposit and Traffic Control Refund WHEREAS Moda Studio supplied the Town of Southold with a refundable Clean-up Deposit fee in the amount of$250.00 and no Traffic Control fee was necessary and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that the Clean-up Deposit Fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the total amount of $250.00 to Moda Studio, c/o Jun Lui, 1635 Lexington Avenue, 2A,New York,NY 10029. ✓Vote Record-Resolution RES-2019-671 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt .Till 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 2019-672 C4TEGOR K Authorize to Bid DEPARTillE_'VT. Town Clerk Advertise for Lubricant Bid Southold Town Regular Board Meeting July 30, 2019 page 12 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for supplying Automotive and Equipment Lubricants and Fluids for a period of one (1) year from the acceptance of the bid. ✓Vote Record-Resolution RES-2019-672 121 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ 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 2019-673 CATEGORY. Employment-FIFD DEPA-RTMENT: Accounting Accept Resignation of Sean Healy RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-117 of the Fishers Island Ferry District adopted July 22, 2019 that accepts the resignation effective May 1, 2019 of Sean Healy, part time Deckhand for the Fishers Island Ferry District. ✓Vote Record-Resolution RES-2019-673 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled lames Dmizio Jr Voter lZ ❑ If ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Dohertv Voter Q El ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter lz ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting July 30, 2019 page 13 2019-674 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Appoint Maly Kirby Captain/Deckhand RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-118 of the Fishers Island Ferry District adopted July 22, 2019 that appoints Mary Kirby to the position of part time Captain (FIFD) at a rate of$22.00 per hour when performing Captain duties and to the position of part time Deckhand (FIFD) at a rate of $18.36 per hour when performing Deckhand duties effective July 10, 2019. ✓Vote Record-Resolution RES-2019-674 Q Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent _ ❑ Withdrawn James Dmizio Jr Voter R1 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter R1 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 1 2019-675 CATEGORY. Employment-FIFD I, EP.ARTW-AIT. Accounting i Appoint Ryan Healy Captain/Deckhand ' RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-119 of the Fishers Island Ferry District adopted July 22, 2019 that appoints Ryan Healy to the position of full time Captain (FIFD) at a rate of$22.00 per hour when performing Captain duties and to the position of part time Deckhand (FIFD) at a rate of $19.29 per hour when performing Deckhand duties effective July 10, 2019. ✓Vote Record-Resolution RES-2019-675 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Duuzio Jr Mover D ❑ ❑ ❑ ❑ Defeated ❑ Tabled William P Roland Seconder 10 11 ❑ ❑ Withdrawn .till Doherty Voter p ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 2 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 2 0 ❑ 0 Southold Town Regular Board Meeting July 30, 2019 page 14 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt 1 ❑ No Action ❑ Lost 2019-676 CATEGORY.- Employment-Town DEPARTIALE_NT.• Accounting Acknowledges the Intent to Retire Jean DeLorme WHEREAS,the Town of Southold has received notification via U.S. Mail on July 24, 2019 from the NYS Retirement System concerning the retirement of Jean DeLorme effective August 31, 2019 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Jean DeLorme from the position of Adult Day Care Program Supervisor for the Human Resource Center, effective August 31, 2019., ✓Vote Record-Resolutkon RES-2019-676 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 Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 6 2019-677 CATEGO F. Committee Appointment DE,PA R TAM-Al 77: Town Attorney Appoint ADA Coordinator RESOLVED the Town Board of the Town of Southold hereby appoints Denis Noncarrow as the Americans with Disability Act (ADA) Coordinator for the Town of Southold. Southold Town Regular Board Meeting July 30, 2019 page 15 ✓Vote Record-Resolution RES-2019-677 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 ❑ Lost 2019-678 CATEGORY• Refund DEPARTMENT. Town Clerk Refund Parking/Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for the purchase of parking and/or disposal permits purchased in error: NAME REFUND John Hickey, 501 Hicks Street, Apt 202, Brooklyn,NY 11231 $25.00 ✓Vote Record-Resolution RES-2019-678 D 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 ❑ ❑ ❑ ❑ 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 2019-679 Southold Town Regular Board Meeting July 30, 2019 page 16 CATEGORY: Contracts, Lease &Agreements DEPARTMENT: Town Attorney Memorandum of Agreement CSEA Financial Impact:MOA RESOLVED that the Town Board of the Town of Southold hereby approves the Memorandum of Agreement between the Town of Southold and CSEA, concerning the settlement of PERB Case No. U-36946. ✓Vote Record-Resolution RES-2019-679 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/N'ay Abstain Absent ❑ Tabled _ _ _ _ ❑ Withdrawn James Dmizto Jr Voter l ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter lz ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Q i ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-680 CATEGORY: Employment-Town DEPA RTMIEA"T.• Accounting Appoint Christopher M. Rehm Construction Equipment Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Christopher M. Rehm to the position of Construction Equipment Operator for the Solid Waste District, effective August 2, 2019, at a rate of$26.6029 per hour, pending background search completion. ✓Vote Record-Resolution RES-2019-680 17 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn William P Ruland Seconder, Q ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter lZ ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter D ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Regular Board Meeting July 30, 2019 page 17 2019-681 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Jack Dufton Seasonal Scale Operator RESOLVED that the Town Board of the Town of Southold hereby appoints Jack Dufton to the position of Seasonal Scale Operator for the Solid Waste District, effective August 1, 2019 through September 15, 2019, at a rate of$17.61 per hour subject to background search completion. ✓Vote Record-Resolution RES-2019-681 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain, Absent ❑ Tabled James D[nizioJJr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Doherty Mover 0 ❑ 11 El ❑ Rescinded Robert Ghosio Voter 0 ❑ El El ❑ Town Clerk's Appt' Louisa P.Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-682 CATEGORY. Employment-FIFD DE,PARTAIE11'T. Accounting Appoints Hai Zhen Sophia Ke PT Account Clerk Typist(FIFD) RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the Resolution Number 2019-120 of the Fishers Island Ferry District adopted July 29, 2019 that appoints HaiZhen Sophia Ke with effect August 1, 2019 as a part-time Account Clerk Typist (FIFD) with a starting wage rate of$18.00 per hour. ✓Vote Record,-Resolution RES-2019-682 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended .lames Dmizio Jr 1 Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 0 ❑ ❑ Southold Town Regular Board Meeting July 30, 2019 page 18 ❑ 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 2019-683 CATEGORY: Contracts,Lease&Agreements DEPARTMENT. Human Resource Center HRC Lease Agreement 2019 Ford 11 Passenger Bus Financial Impact:No financial impact RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute Vehicle Lease Agreement# 525-CAP-CAP 1749.520- 2023-8 between the Suffolk County Office for the Aging and the Town of Southold for the purpose of leasing a 2019 Ford E350 Phoenix 11Passenger Bus VIN No. 1FDEE3FS3KDC07301, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-683 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye N'o/N'ay Abstain Absent ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ El 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 2019-684 CATEGORY. Budget Modification DEPARTMENT.• Highway Department 2019 Budget Modification -High>7)ay Dept Financial Impact: transfer monies Southold Town Regular Board Meeting July 30, 2019 page 19 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part-Town budget as follows: From: DB.5110.4.400.300 Drainage Replacements $ 3,500.00 DB.5110.1.100.100 Regular Earnings 20,000.00 DB.5130.2.500.300 Other Equipment 1,000.00 TOTAL $24,500.00 To: DB.5110.4.100.350 Traffic Paint $ 500.00 DB.5110.4.100.960 Drain Pipe/Rings/Covers 3,000.00 DB.5140.4.100.400 Implements (Small Tools) 1,000.00 D13.5140.1.100.100 Regular Earnings 20,000.00 TOTAL $24,500.00 ✓Vote Record-Resolution RES-2019-684 El Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - .- - -- ❑ Withdrawn James Dimzio Jr Voter 0 ❑ ❑ ❑ William P Ruland Voter D ❑ ❑ ❑ ❑ Supervisor's Appt ❑ Tax Receiver's,Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter M ❑ ❑ ❑ ❑ No Action ❑ Lost r i i 2019-685 CATEGORY• Close/Use Town Roads DEPARTMENT. Town Clerk Grant Police Department Assistance to Cutchogue Fire Department Chicken BBQ Financial Impact: Cost Analysis from PD is$854.11 RESOLVED the Town Board of the Town of Southold hereby grants Police Department assistance to the Cutchogue Fire Department for its Annual Chicken BBQ on Saturday, August 24, 2019 at the Cutchogue Fire Department field, 260 New Suffolk Road, Cutchogue,provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. All'Town fees for this event, with the exception of the Clean-up Deposit, are waived. 7 Southold Town Regular Board Meeting July 30, 2019 page 20 ✓Vote Record-Resolution RES-2019-685 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-686 CATEG ORY• Committee Appointment DEPART/TIENT: Town Clerk Fishers Island Harbor Committee Appoint RESOLVED that the Town Board of the Town of Southold hereby appoints Aaron Lusker (Fishers Island Fire Department) as a member of the Fishers Island Harbor Committee, effective immediately through March 31, 2024. ✓Vote Record-Resolution RES-2019-686 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland 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 2019-687 C4TEGORY.• Attend Seminar DEPARTMENT. Police Dept Police Department-Training Request Southold Town Regular Board Meeting July 30, 2019 page 21 RESOLVED that the Town Board of the Town of Southold hereby ;?rants permission to Detective Roman Wilinski to attend the 32"d annual Col. Henry F. Williams Homicide Seminar at the NYSP academy in Albany, NY from September 22"d throul4h September 27, 2019. All related expenses to be legal charges to the 2019 budget lines A.3120.4.600.225, A.3120.4.600.300 and A.3120.4.600.200. ✓Vote Record-Resolution RES-2019-687 0 Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Roland Mover 0 ❑ ❑ 1❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-688 CATEGORY. Public Service DEPARTMENT: Town Clerk Property Clean Up Breglia RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby directs that the costs and expenses incurred by the Department of Public Works in effectuating the cleanup of the property located at 7600 Route 25, East Marion, in the amount of$915.87 shall be levied against the real property of Patrick Breglia, SCTM #1000-31-6-11, in accordance with Section 100-10 of the Southold Town Code, and that said costs and expenses are to be collected at the same time and in the same manner as the Town taxes. ✓Vote Record-Resolution RES-2019-688 0 Adopied ❑ Adopted as Amended yes/Aye No/Nay Abstain Absent ❑ Defeated ,lames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn William P Ruland Voter 0 El ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Regular Board Meeting July 30, 2019 page 22 , ❑ Lost I 2019-689 CATEGOR Y.• Local Law Public Hearing DEPARTMENT. Town Clerk PH 8/27 7.00 Pm-LL Moratorium on Route.25, Mattituck WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July, 2019, a Local Law entitled, "A Local Law in relation to the six (6) month Extension of 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 surroundinIZ area" 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 the Southold Town Hall, 53095 Main Road, Southold,New York, on the 27th day of August, 2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review. The proposed Local Law entitled, , "A Local Law in relation to the six (6) month Extension of 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 the six (6) month Extension of 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 Moratorium Extension 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 Regular Board Meeting July 30, 2019 page 23 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 having a negative effect on local businesses. A six (6) month moratorium was enacted by the Town Board of the Town of Southold as Local Law 1-2019, on February26, 2019, with an effective date of March 6, 2019. The current moratorium is set to expire in early September 6, 2019. The moratorium as enacted, is intended to provide sufficient time for the Town to consider the recommendations of ongoing traffic studies, a parking study in the Love Lane area and the completion of the Town Comprehensive Plan. During the course of the moratorium the Town has met 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. This analysis remains ongoing. In addition, the draft Town Comprehensive Plan has been completed and is now open for public comment. The final adoption of the plan is anticipated to occur by the end of year 2019. 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. An extension of the moratorium is necessary to complete this function. Given the reasons and facts set forth above and until the planning process is completed, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are 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 Route 25 and Bay Avenue and bounded on the East by the Southold Town Regular Board Meeting July 30, 2019 page 24 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 I0(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 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-2019-689 0 Adopted 0 Adopted as Amended Yes/Aye No/Nay Abstain Absent Southold Town Regular Board Meeting July 30, 2019 page 25 ❑ Defeated James Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P.Ruland Voter 2 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter D ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover lz ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder z ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:20 P.M. in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2019-690 CATEGORY. Enact Local Law DEPARTMENT Town Clerk Enact LL Chapter 280, Administration &Enforcement WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 2nd day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Administration and Enforcement in the Town of Southold" 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 an Amendment to Chapter 280, Zoning, in connection with Administration and Enforcement in the Town of Southold" which reads as follows: LOCAL LAW NO. 11 of 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, I Southold Town Regular Board Meeting July 30, 2019 page 26 in connection with Administration and Enforcement in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to clarify the Town's intention to supersede Section 268 of the Town Law of the State of New York. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §280-155. Penalties for offenses A. The Town Board of the Southold has determined in order to obtain satisfactory enforcement and compliance with the law, it is necessary to increase the fines for zoning violations in excess of the maximums authorized by &268(1) of the Town Law of the State of New York. It is the intent of the Town Board pursuant to the Municipal Home Rule Law of the State of New York to supersede the portion of X268(1) of the Town Law of the State of New York as enacted by Chapter 598 of the Laws of 1985 insofar as to authorize the Town Board to establish maximum fines for violations of the Building Zone Ordinance set forth in the said §268 of the Town Law. A.B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, or takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment, R.C. Notwithstanding the foregoing, any violations of§280-13A(6), 280-13B(13), 280-13D, and 280-111J are hereby declared to be offenses punishable by a fine not less than $1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than $15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be 1 Southold Town Regular Board Meeting July 30, 2019 page 27 deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation. Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law §80.05(5), the court may sentence the defendant(s) to pay an amount, fixed by the court, not exceeding double the amount of the rent collected over the term of occupancy. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid,the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2019-690 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 Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder CEJ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 10 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 691 SUPERVISOR RUSSELL: I haven't heard any opposition, we've received no written opposition at all for this proposal, so I honestly don't see the necessity for holding for two weeks because there is no opposition to consider. COUNCILWOMAN DOHERTY: I agree. COUNCILMAN RULAND: I am prepared to vote. SUPERVISOR RUSSELL: I am too. COUNCILMAN RULAND: I think, again, we are investing in our youth. Southold Town Regular Board Meeting July 30, 2019 page 28 2019-691 CATEGORY. Enact Local Law DEPARTITE,-VT: Town Clerk Enact LL Chapter 280 Recreational Uses in LIO/LI WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 2nd day of July, 2019, a Local Law entitled "A Local Law in Relation to Amending Chapter 280 Zoning, to Allow Recreational Uses in the Light Industrial Park/Planned Office Park(LIO) and Light Industrial (LI) Districts" 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 Amending Chapter 280 Zoning, to Allow Recreational Uses in the Light Industrial Park/Planned Office Park (LIO) and Light Industrial (LI)Districts reads as follows: LOCAL LAW NO. 12 of 2019 A Local Law,entitled, "A Local Law in Relation to Amending Chapter 280 Zoning, to Allow Recreational Uses in the Light Industrial Park/Planned Office Park(LIO) and Light Industrial (LI) Districts" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 280 of the Code of the Town of Southold to allow for minor recreational uses in the Light Industrial Park/Planned Office Park (LIO) and Light Industrial (LI) Districts. II. AMENDMENT. Chapter 280 of the Code of the Town of Southold is hereby amended adding the underlined portion to read as follows: § 280-4 Definitions. B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). RECREATION FACILITY, MINOR- Fully enclosed indoor recreation facility that provides soccer, baseball, basketball, tennis, cheerleading, swimming and other 7 Southold Town Regular Board Meeting July 30, 2019 page 29 sport activities instruction or education to participants in multiple classes, sessions or events. Facilities are open to members, participants and guests only. A member, participant or guest charge may be applied. Recreational uses shall not include gambling, racing and amusement parks. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings,greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Wholesale businesses,private warehousing and public warehousing, and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors' businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. (7) Telephone exchanges. (8) Wineries as regulated by § 280-48A(11). (9) Tourist camp. (10) Recreational facilities which meet the following conditions: (a) Minimum parcel size shall be three acres. (b) There shall be three acres for each use. (11) Standard regulation golf course. (12) Food catering facility. (13) Machine and equipment workshop. (14) Boat building, boat servicing and boat storage facilities, excluding retail sales of boats and accessories. (15) Light industrial uses, subject to the following conditions: (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. Southold Town Regular Board Meeting July 30, 2019 page 30 (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (16) Printing and publishing plants. (17) Land-based aquaculture operations, including research and development, which meet the following standards: (a) Any land-based aquaculture operation shall take place in a fully enclosed structure. (b) Any land-based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure in which the land-based aquaculture takes place for the direct marketing of its products. (18) Recreational Facility,Minor § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses'and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Wholesale businesses, private warehousing and public warehousing, and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Contractors' businesses or yards, including but not limited to building, electrical, plumbing, and landscapers' yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Office buildings for businesses, goveriunental and professional uses, including administrative training, data processing, publication, financial and sales offices. (7) Telephone exchanges. (8) Wineries as regulated by § 280-48A(11). (9) Auto repair shop. (10) Repair shop (not including auto and marine). (11) Custom workshop. (12) Machine and equipment workshop. Southold Town Regular Board Meeting July 30, 2019 page 31 (13) , Light industrial uses. (14) Publishing and printing plants. (15) Boat building, servicing and storage, excluding wholesale and retail sales of boats and accessories. (16) Land-based aquaculture operations, including research and development, which meet the following standards: (a) Any land-based aquaculture operation shall take place in a fully enclosed structure. (b) Any land-based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure in which the land-based aquaculture takes place for the direct marketing of its products. (17) Recreational Facility, Minor 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 by law. ✓Vote Record-Resolution RES-2019-691 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings 1. PH 7/30 9:00 Am - CEA Bashian History: 07/30/19 Town Board ADJOURNED Next: 08/13/19 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold will hold a Public Hearing on Tuesday, July 30, 2019 at 9:00 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York upon application of Southold Town Regular Board Meeting July 30, 2019 page 32 the Coastal Erosion Hazard Board of Review Appeal of Harry and Haykuhi Bashian, which seeks relief from Section 111-6 Definitions and 111-12D Beach Area of the Town Code to replace existing storm-damaged bulk-heading with new untreated timber navy bulkheading consisting of removing a 14'northwesterly section, a 61.5' northerly section and a 4'northeasterly section of existing storm-damaged bulkheading; replace the existing 41' westerly section with a new 27.5' section, a new 62.5'northerly section installed in an angled position, and replace existing 41.5' section with new 38.5' easterly section; install 61.5' of proposed toe- armor consisting of 2-4 ton (minimum of>18"x18"x18") stone laid out in a single row with geotextile filter fabric placed underneath along the seaward edge of new northerly bulkheading; replace existing 10'wide by 36.5' long seaward side deck with untreated lumber in same place supported by five (5) 10"x20"pressure treated timber pilings with the westerly side of the deck to be cantilevered over new bulkhead; remove two (2) existing storm damaged 12'x36.5'+- side yard decks; remove existing 5.5' wide by 61.5' long section of northerly decking; install approximately 320 cubic yards of clean beach sand backfill within a+-38x5'x61.5' area to raise the grade landward of the new bulk heading to be level with County Road 48; and for the existing 26.4'x36.3' two-story dwelling; and as depicted on the site plan prepared by Bulkhead Permits by Gary, Inc.,,last dated February 14, 2019 within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM#1000-44-2-15 at 58425 North Road, Greenport,New York and directs the Town Clerk to publish a notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (3 0) days prior to such hearing and to notify the applicant by first class mail. I have here a notarized document that this has been advertised in the Suffolk Times. Also a notarized document that this has been advertised by the Town of Southold on the Town Clerk's bulletin board and on the town website. I have the copies of the mailing certificates to the adjacent property owners and a letter here that this has been forwarded for review to the DEC and that's all I have. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this coastal erosion appeal? Please. MICHELLE HAMILTON: Hi. I am a family member of Carla McMann who is adjacent to the east, directly to that property. She did receive a certified letter but honestly, they never sent us that. This is how I received it. The concern would be that the property that she owns and my family has is adjacent to the east, immediately to the east and it's just a lot. Last time there was work done in the area she had damage done to her property and wear and tear on that. I don't want access granted or given on that property to get down to do the work. 1 am not opposed to the Bashian's doing their bulkhead but Carla McMann's property is not to be used to get down to the beach. People tend to use it and they shouldn't. Also too, I would be concerned with just to see, I guess I have to go see about the distance on the east decking to make sure that that is within her property and this offset is appropriate. I wasn't well prepared for this, I didn't have more information, this was given to me very recently and in this state as I said. SUPERVISOR RUSSELL: When was it received? Southold Town Regular Board Meeting July 30, 2019 page 33 MS. HAMILTON: This was received, I received it on Thursday from her caretaker. It was postmarked July 9"'. She is not well, that's why she is not here but I am her power of attorney and I handle her affairs. This is how it came to me. So I don't know how to address the situation that this was not returned in a timely fashion. SUPERVISOR RUSSELL: It was not returned by the recipient? MS. HAMILTON: Yes. This is how it sat and this is the way it came to me. But that's just my concern. I don't want damage done to her property and I was just concerned about the offset of the decking on the east side. That it's not, that's it within proper... SUPERVISOR RUSSELL: Understandable. MS. HAMILTON: That was it. Thank you. COUNCILWOMAN DOHERTY: I was reading through this, it doesn't say, I assume it's going to come in by barge and do the work by barge. Is it in the file anywhere, Bob? How they are going to do the work? Oh, they are. Okay. I didn't realize. So that's the question. How is the equipment and (inaudible) going to be coming from a barge on the Sound? SCOTT MOSES: Scott Moses, Bulkhead Permits by Gary, so it is pretty unlikely that it will come in by barge, it's not deep enough. COUNCILWOMAN DOHERTY: Okay. MR. MOSES: We would have to come landward. There's two adjacent lots that are empty, one is owned by Suffolk County and the other one I suppose is owned by the appealant. COUNCILWOMAN DOHERTY: Right. MR. MOSES: We could just come the other way. COUNCILWOMAN DOHERTY: Or you would need permission from the property owner. MR. MOSES: Okay. COUNCILWOMAN DOHERTY: You can't just go on somebody else's property with a machine and the worry is eroding that property with the machine and the equipment and even the people walking back and forth. So you would need permission to access someone else's property to get the work done. That is a concern. MR. MOSES: Okay. Is that basically the only issue? To seek proper permission from Suffolk County? Southold Town Regular Board Meeting July 30, 2019 page 34 SUPERVISOR RUSSELL: That is one issue she has just raised. You would have to gain access through Suffolk County. How you do that is between you and Suffolk County. But that is only one concern, we are reviewing it now, we are going to ask questions. What is the total width of the parcel overall? MR. MOSES: The total width of the parcel, to be honest, I didn't bring the survey. I just have construction plans. So the length of the actual, the house, which is nearly the width of the entire parcel or the bulkheading is 61 '/z feet. So the parcel is a touch bigger than that. COUNCILWOMAN DOHERTY: Yes, you can see 61.5, it goes all the way, it's probably about 62 feet. SUPERVISOR RUSSELL: I am looking at numbers here and I am looking at, for lack of a better word, erosion control or shore hardening would be about 75 feet and that's going to be extending to 90. Is that, if I am reading that correctly, is that what's currently, it says replacing existing 41 feet westerly with a new 27 and then there's 62.5... COUNCILWOMAN DOHERTY: That's more of a return. SUPERVISOR RUSSELL: That's the returns? COUNCILWOMAN DOHERTY: Yes, because it's so long... SUPERVISOR RUSSELL: Right, so they have to come back on...you wouldn't know if this is in the Arshamomaque Cove study area? COUNCILWOMAN DOHERTY: Yes, it is. SUPERVISOR RUSSELL: And the deck is just replacement in kind? MR. MOSES: Just the front section, so this is the cantilever, I think that was one of the issues with the appealant. So basically what the currently what we are looking to do, so to kind of start from the beginning, there is a cantilevered section on the seaward side of the deck and that is what we are looking to replace right now. r COUNCILWOMAN DOHERTY: So the size decking here is just filling in to... MR. MOSES: Right, the Trustees want us to fill it with sand to the height of the road. COUNCILWOMAN DOHERTY: Right, so you'll just have stepping stones or nothing on that side to get around to the seaward side of the house. MR. MOSES: Tentatively you will have to go through the house, similar to access the rear yard deck. Southold Town Regular Board Meeting July 30, 2019 page 35 COUNCILWOMAN DOHERTY: Alright, so there's no side yard, you are saying. MR. MOSES: Not yet, no. Have to go through a different process. SUPERVISOR RUSSELL: I am still trying to, the existing deck versus the new deck is going to be an exact replacement in kind? MR. MOSES: Well, the previous property owner, they built the deck around the entire bulkhead, so kind of like a U if you can imagine that. However, they built that deck illegally. The only deck that was approved by the Town of Southold was the front cantilevered section. I don't know if you have the plans in front of you or not, so for the purposes of kind of getting the bulkhead built and protecting property first and then just kind of play ball. Get the decking and the bulkhead replaced before we even address the front yard decking. COUNCILWOMAN DOHERTY: So in other words,just the seaward side decking is (inaudible) at this point. SUPERVISOR RUSSELL: At this point. MR. MOSES: We already got DEC approval for the side yard decking, the Army Corps of Engineers, Department of State, the Town of Southold Trustees specifically. SUPERVISOR.RUSSELL: I am looking for, the distance between the mean high water mark and I assume (inaudible) that's going to be based on current Trustee requirements,that's going to maintain (inaudible) public trust doctrine? MR. MOSES: Correct. So basically (inaudible) pretty in depth exactly where they want the bulkhead, where they want (inaudible) and we are just abiding by (inaudible). So if it's not clear, we already have the tidal wetlands permit from the Board of Trustees and it's my understanding this is part of the process, we have to file on appeal before we can... SUPERVISOR RUSSELL: Right but it's not just administrative, it's a genuine appeal that the Town Board has to consider all those circumstances, it's just not perfunctory. COUNCILMAN GHOS1O: Even after you remove the existing illegal decking, you are still going to have a section of the decking cantilevering over the bulkhead. MR. MOSES: Correct. COUNCILMAN GHOSIO: And based upon the drawings that I am seeing, it's going to extend well past the average high water mark, yes? MR. MOSES: Yes, but this is what was previously approved, so I believe in the 80's was probably the original property owner went through a process very similar to what we are going through now, and this is what was originally approved so we just want to replace it. Southold Town Regular Board Meeting July 30, 2019 page 36 COUNCILMAN GHOSIO: This was accepted back 30 plus years ago. The contours of the beach and average high water mark were different. MR. MOSES: Most likely yes, 30 years ago but this is the deal I worked out with the Trustees. COUNCILMAN GHOSIO: It doesn't mean the Town Board... MR. MOSES: Understood. COUNCILWOMAN DOHERTY: What is the height from, of the deck, from ground level. MR. MOSES: Ground level it would be eight or nine feet. COUNCILWOMAN DOHERTY: Yes, that's what I thought. Even though it cantilevers past high tide,people can walk under it. So they can still walk past. High tide reaches the bulkhead, correct? MR. MOSES: Correct. COUNCILMAN GHOSIO: I can't recall how many properties or projects that actually cantilever over the top of the bulkhead into the Sound. How many do we have? COUNCILWOMAN DOHERTY: There are a couple of others in that area, because the properties are so small and the houses encumber the whole property pretty much. MR. MOSES: So to be clear, it doesn't completely cantilever over the whole section just the southern side of the decking. I don't have the exact math in front of me but the vast majority of the decking wouldn't cantilever over, it would just be (inaudible)to the bulkhead in one small section. COUNCILWOMAN DOHERTY: Approximately how many feet? Five feet? MR. MOSES: My guess would be maybe 4 x 36 feet approximately. COUNCILWOMAN DOHERTY: So four feet out, straight out. MR. MOSES: So it would be kind of like this, like a small four foot section or maybe triangle. COUNCILWOMAN DOHERTY: Okay. MR. MOSES: I have the plans in front of me. COUNCILMAN GHOSIO: How far off the North Road is the house? Southold Town Regular Board Meeting July 30, 2019 page 37 MR. MOSES: Is the house? Let's see, I have a cross section right here, so from the white far line it's 36.5 feet, the center of the road is 47 feet. I don't have an exact measurement in front of me. SUPERVISOR RUSSELL: You have to walk under it to maintain public trust document? COUNCILWOMAN DOHERTY: Yes, they will be able to walk under it at low tide. Unless you are eight feet tall. SUPERVISOR RUSSELL: The public trust doctrine requires that it be high water mark, not low tide. COUNCILWOMAN DOHERTY: Right, so he would have to move his house. You know that area, the high tide comes right up to the properties. So I,don't think there's anything else we can do. SUPERVISOR RUSSELL: He can't just armor and protect the house. MR. MOSES: We are proposing armoring as well, so I believe in the description that was submitted (inaudible) COUNCILWOMAN DOHERTY: Just a cross section. MR. MOSES: Two to three tons that are required. COUNCILWOMAN DOHERTY: If you look at this side view, you can see the shape of the cantilever (inaudible) and people will still be able to walk there. SUPERVISOR RUSSELL: It's probably going well outside the bounds of this, they are aware of the coastal erosion of that area and its currently under review by the Army Corps of Engineers and it's just, this is probably going out of the scope of this hearing but one of the issues I have is that people keep investing in homes in an area that's eroded and then in order to protect those homes, they come to the federal, state and town governments to say restore our beaches. That's problematic to me, if people make sound investments or improvements in their property then they wouldn't have to rely on government money to restore their beaches. That's one of the problems. I mean, at some point there has to become a policy of retreat in this process and I haven't seen any willingness to do that, particularly in this area where the erosion is getting pretty critical. That's my only issue there. I would think the armoring of the house would be principal. MR. MOSES: I think from the applicants perspective is not everyone is aware of these things but I would say from all the clients, I have personally done well over 300 DEC permits. Maybe 10 percent of my clients are even aware of the coastal erosion issues you are speaking of. i Southold Town Regular Board Meeting July 30, 2019 page 38 SUPERVISOR RUSSELL: Well, I can assure you,just from everybody, that 43 stretch of property owners are well aware of the Arshamomaque property study. This is within, I assume, the 43? COUNCILWOMAN DOHERTY: Yes, it is. MR. MOSES: A lot of people that purchased these houses, they don't realize they purchased a can of worms. SUPERVISOR RUSSELL: That's called (inaudible). COUNCILWOMAN DOHERTY: Due diligence. COUNCILMAN GHOSIO: I am not so sure, I think it's also prudent-to take sand over the bulkhead in this area (inaudible) sometime in the future. That's the whole point of the coastal erosion hazard code, to prevent that from happening. MR. MOSES: so we could put toe armor around the actual pile itself, that will help protect it and it's my understanding that the Trustees, the permit they are going to issue would allow repair, so if something would happen they could fix it. SUPERVISOR RUSSELL: Any sense at all as to what we want to do at this point? COUNCILWOMAN DOHERTY: As long as we put condition on either get proper permission from the property owner next door, in this case he says the County or they come in by barge. I mean, they have no choice either way. The owner on the other side is not going to give permission, rightly so because that is their property and they don't want it damaged. If the county gives permission then that's between them and the county. COUNCILMAN GHOSIO: I don't see anything in the Trustees paperwork that addresses.. COUNCILWOMAN DOHERTY: Did you have a discussion with the Trustees on how you are going to get the equipment there for repair? MR. MOSES: Not in depth, we, at the site we actually agreed to come in on one of the side yards. COUNCILWOMAN DOHERTY: Okay. And they didn't have an issue with you not owning the side yards? MR. MOSES: They brought to my attention, the property owner attention seeking permission but it's not a current problem for us. Southold Town Regular Board Meeting July 30, 2019 page 39 COUNCILWOMAN DOHERTY: Well, it might be a problem for the county. They might say no. They might say no. as long as you are prepared, if they say no, that you are going to have that added expense to bring the barge in. MR. MOSES: I see. COUNCILWOMAN DOHERTY: That's the only other choice that I know of. MR. MOSES: Okay, I mean, I guess one day at a time. COUNCILMAN GHOSIO: I don't see anything here in the Trustees paperwork about future repairs. MR. MOSES: They told me that verbally over the phone. SUPERVISOR RUSSELL: Well, if there aren't any other questions, I just want to raise one other prospectus, first of all, you haven't established access to the site to work yet, that's an important component. Secondly, this is a particularly sensitive area of concern for the town, federal and state, I really think this needs to be scrutinized a little bit more. Plus there's a public trust doctrine issue that I am not comfortable with, there may be, I don't want to tip my hand but there may be no other choice but I would like to take an opportunity to at it a little bit more in depth. This property is really in rough shape, as are most. I mean, that's one of the issues. MR. MOSES: The driveway, it's getting really bad. They really need a new bulkhead at the very least. COUNCILMAN GHOSIO: I agree with Scott. I have some issues here as well. I am not comfortable with the cantilever over, as far as it is over the average high water mark. COUNCILWOMAN DOHERTY: Do you want to close the hearing and reserve decision for two weeks? SUPERVISOR RUSSELL: Again, I am going to be open minded, I am going to read this thoroughly but generally the general trust doctrine doesn't require (inaudible) and that's one of the issues. You know, there has got to be spacial consideration between the shoreline and the height. I am really, also, you need to factor in what may or may not be a substantial (inaudible) project down the road and that will at least be part of the consideration and any conditions that this might need. I need more time, I am sorry, that's going to be my position but it's up to the board. Do you want to close the hearing, do you want to leave it open? COUNCILWOMAN DOHERTY: Whatever the proper thing is to do but if we could... TOWN ATTORNEY DUFFY: I think you should leave it open, if you are going to want them to provide any type of documentation or if you want to look at outside sources, you should keep it open so that it's part of the record. Southold Town Regular Board Meeting July 30, 2019 page 40 SUPERVISOR RUSSELL: Okay. TOWN ATTORNEY DUFFY: Just adjourn for two weeks. COUNCILMAN DINIZIO: We certainly should know how you are going to gain access to that property. SUPERVISOR RUSSELL: At the very least. MR. MOSES: I would gladly have prepared all this. I mean, I have had so many conversations about this,property for the past year and a half with the Trustees, with the Town Clerk. I would have prepared all this. COUNCILMAN DINIZIO: Was it your assumption that you could use someone else's property to get on there? MR. MOSES: I would have done everything sooner. INAUDIBLE MR. MOSES: I would assume the county wouldn't have too many issues. COUNCILMAN DINIZIO: Alright, well, so go and ask them. MR. MOSES: I will. COUNCILMAN DINIZIO: And then let us know what they say. SUPERVISOR RUSSELL: Arid bring that back as part of the record. But I wouldn't be comfortable just on that one issue alone. I need to know you can get access to the site if you are going to do the work. And I can understand that if you had only known but it's an appeal, you knew you were going to file an appeal. I can appreciate the fact that the Trustees have already reviewed it and put conditions in, you may very well have the DEC permit in place but there's an extra step in the process because the coastal erosion hazard mitigation line and that's something that if you had done 300 applications, I am sure you would have dealt with that in the past. So those are the types of things that the Town Board is going to look at. Again, this isn't just a perfunctory hearing, that well, okay, I have got everything I need, now let me go to the Town Board and have them officially sign off on it. That's the whole purpose of the hearing and if we raise issues and questions, to have those answers resubmitted and answered for us. I mean, that's.... COUNCILMAN GHOSIO: I would suggest a site plan, also some heights from the beach to the deck so we can see whether people have to duck to get under this. Perhaps an alternative plan that doesn't include the cantilever at all. Southold Town Regular Board Meeting July 30, 2019 page 41 SUPERVISOR RUSSELL: And again, there might very well be no other option but we are raising the questions, we need to have answers so we can determine that. Okay? COUNCILMAN DINIZIO: I just want to say something because I dealt with this property before, okay, on the Zoning Board. We know we have an ongoing problem there with erosion and I get that you have a hardship that needs to be addressed and that I personally feel the town should accommodate those to the greatest extent possible. I am not so sure that I really much care whether someone can walk underneath that dock or not, okay, because that's just not a walkable beach in any way in my opinion, so but I do need to know how, because it came up before with that piece of property how we were going to do that construction. You have to let us know, we can't rely on the neighbor's property, we can't rely on Suffolk County unless you get permission to do it. COUNCILWOMAN DOHERTY: In writing. COUNCILMAN DINZIO: It has to be done. After that, I don't think you can barge in because like you said it's very shallow but there is no sense in going any further if you can't accomplish the task. You are not asking for anything more, I mean, 30 years ago I am very doubtful that any of this was near the high water mark. Any of it. I am pretty sure there was a beach there and that's just a part of a calamity of errors and mistakes and assumptions that people made when they built structures on the Sound and how the sand goes and now we are trying to deal with people just trying to live in their house. They are trying to enjoy their piece of property and I think that we as a Town Board or we as a town have an obligation to bend a little bit on that but the one thing we can't bend on is how we are going to accomplish the task without... MR. MOSES: I have no issue... COUNCILMAN DINIZIO: Okay. MR. MOSES: Receiving permission. COUNCILMAN DINIZO: I just wanted to be clear on that. MR. MOSES: That's quite reasonable. That's fine. SUPERVISOR RUSSELL: I am just going to address what Councilman Dinizio said, I agree there are mitigating factors that the town has to bend on but how the question is far do you bend and that has to be based on fact. I have a Town Board member that wants to see the height of clearance to maintain some measure of public trust, we certainly, I think all of us share the issue of access and in a form of, not just in a presumptive way, but actually in a documented way. I would be willing to, my personal view is I think we should adjourn, leave the hearing open and I will submit that. COUNCILMAN DINIZIO: I would agree. Southold Town Regular Board Meeting July 30, 2019 page 42 SUPERVISOR RUSSELL: Would anyone else from the public like to address this particular hearing? TOWN CLERK NEVILLE: I would like to say something, Mr. Supervisor. Mr. Moses, you made reference to the fact you had many conversation with the Trustees and the Town Clerk with regard to this,the only conversation you had with the Town Clerk or the Town Clerk's office was the process for filing the appeal. I just want to make that clear. MR. MOSES: Certainly. But we were missing documentation. SUPERVISOR RUSSELL: It's not a question of missing documentation, it's a question of a public setting where a Town Board reviews an application and then determines what more it would like to see from the application. We are talking about a public record here. And if we think more information needs to be added to the public record so we can make a decision,this is the process on how it works. I mean, there is no punch list of saying, you know, you give us everything here and then we are going to go ahead and take action on permit. That's the whole purpose of a public hearing and this is not unique, in most instances,public hearings require further documentation. It's on the discretion of the board that is hearing it. Right now, it happens to be a Town Board that's hearing it. Would anybody else like to address the Town Board? ALBERT KRUPSKI: Albert Krupski, Cutchogue. I am a Suffolk County Legislator, I am chair of the Public Works Committee, I would be happy to introduce this gentleman to the Commissioner of Public Works. The county, I would guess, grants access to people on a regular basis. It just happened at Cedar Beach and that was over parkland. This isn't technically county parkland but it is county owned property, so there has got to be a procedure in place, where you have restoration of the site after work, you need to worry about liability during construction, that sort of thing that's got to be addressed. You know, I can't promise you access there but I can promise you at least who to call and start that process. MR. MOSES: Certainly. Thank you. SUPERVISOR RUSSELL: That raises an issue in terms of restoration, things like that,that would need to be part of our approval. But again, like I said, I am flexible, I just need to see more. MR. MOSES: Thank you. This public hearing was kept open and adjourned for two (2) weeks to August 13, 2019. RESULT: ADJOURNED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. PH 7/30 7:00 Pm - Chapter 280, Administration and Enforcement Southold.Town Regular Board Meeting July 30, 2019 page 43 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 2nd day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with.Administration and Enforcement in the Town of Southold" and NOTICE IS 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 30"' day of July, 2019 at 7:00p.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 an Amendment to Chapter 280, Zoning, in connection with Administration and Enforcement in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Administration and Enforcement in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to clarify the Town's intention to supersede Section 268 of the Town Law of the State Of New York. II. Amendment. , The Southold Town Code is hereby amended by adding the underlined words as follows: 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L.No. 6-2009; 6-15-2010 by L.L.No. 2- 2010; 8-25-2015 by L.L.No.7,-2015] A. The Town Board of the Town of Southold has determined in order to obtain satisfactory enforcement and compliance with the law,it is necessary to increase the fines for zoning violations in excess of the maximums authorized by� 268(1) of the Town Law of the State of New York.It is the intent of the Town Board, pursuant to the Municipal Home Rule Law of the State of New York to supersede the portion of&268(1) of the Town Law of the State of New York as enacted by Chapter 598 of the Laws of 1985,insofar as to authorize the Town Board to establish maximum fines for violations of the Building Zone Ordinance set forth in the said >Z 268 of the Town Law. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith,the owner, occupant, builder;architect, contractor, or their agents, or any other person who commits,or takes part oi-assists in the commission of any such offense or any person, including an owner,contractor, agent or other person who fails to comply with a written order or notice of.any Building Inspector or Zoning Inspector shall; upon a first conviction thereof, be guilty of a violation,punishable by a fine not exceeding$5,000 or by imprisonment for a period not to Southold Town Regular Board Meeting July 30, 2019 page 44 exceed 15 days, or both.Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding$10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. C. Notwithstanding the foregoing, any violations of§§ 280-13A(6)and 280- 111J are hereby declared to be offenses punishable by a fine not less than$1,500 nor more than $8,000 or imprisonment for a period not to exceed six months, or both,for a conviction of a first offense; for convictions of a second or subsequent offense within 18 months, a fine not less than $3,000 nor more than$15,000 or imprisonment not to exceed a period of six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and,for such purpose only, all provisions of law relating to misdemeanors shall apply. Each day's continued violation shall constitute a separate additional violation.Additionally, in lieu of imposing the fine authorized in this section, in accordance with Penal Law§ 80.05(5),the court may sentence the defendant(s)to pay an amount, fixed by the court,not exceeding double the amount of the rent collected over the term of the occupancy. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court'of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a notarized affidavit that this hearing was advertised in the Suffolk Times, I also have a notice that this was advertised by the Town Clerk on the Town Clerk's bulletin board and on the town website. I have a memorandum from the Planning Board, the proposed action has been reviewed to NYS Department of Conservation environmental regulations part 617 of the state quality review and it is not subject to SEQRA review. I have a note, a memorandum from the LWRP coordinator, as a review under the local waterfront revitalization review and it is exempt from the LWRP. And I have a memorandum from the Planning Board concerning this, just thanking us for the opportunity to provide comments on the referenced local law and the Planning Board supports the legislation. I have a letter from Suffolk County, Department of Economic Development and Planning, that this is to be considered a matter for local determination as there is no apparent significant county-wide or inter-community impacts and that is it. SUPERVISOR RUSSELL: I would invite anybody that would like to comment on this local law to please feel free? CHATTY ALLEN: Chatty Allen, Third Street, Greenport. I am here in support of this, I really have no major connection in this, I don't have children, I am not part of North Fork Cheer, oh, this isn't the North Fork Cheer one? COUNCILMAN GHOSIO: I don't think that's the hearing right now. Southold Town Regular Board Meeting July 30, 2019 1 page 45 JUSTICE EVANS: No,that's the next one. SUPERVISOR RUSSELL: Would anybody like to comment on this? BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. I was looking over the proposed law in the agenda, it appears that the law was changed in 2009 or, I don't know, you are not changing the amounts of the fees, you are just adding a section that would authorize the Town of Southold to change the fees permitted by the State of New York. Is that correct? TOWN ATTORNEY DUFFY: That is correct. MR. SCHWARTZ: So this is a retroactive correction of the mistake that was made previous. When was the fees changed to go above the New York State limits? How long ago was that? SUPERVISOR RUSSELL: That would be an issue that we would have to reference the code on. I cannot, I do not believe that happened any time recent. MR. SCHWARTZ: I am looking at the code here. SUPERVISOR RUSSELL: It should say amended as of... MR. SCHWARTZ: It says amended but has the range of dates, most recent being July of 2015, amended June of 2009 and then June 2010 and then August 2015, so do you know when the... SUPERVISOR RUSSELL: The specific amount? TOWN ATTORNEY DUFFY: I would have to go through the legislation, I don't know the exact that raised the fees, they could have been there from adoption. I am not sure. MR. SCHWARTZ: You are not changing the fees today, you are just changing the, you are adding a section to... COUNCILWOMAN DOHERTY: It's more of an administrative change. MR. SCHWARTZ: So if the fees were not authorized up to today, are they going to be refunded to people? TOWN ATTORNEY DUFFY: We are not necessarily saying that it was a mistake, I don't necessarily feel that we have to say we are opting out of(inaudible) but just to be, it was brought to our attention, so we are just clarifying that it was the intent of the Town Board to opt out of the New York State filing schedule. MR. SCHWARTZ: Okay, thank you. Southold Town Regular Board Meeting July 30, 2019 page 46 SUPERVISOR RUSSELL: Would anyone else like to comment on this particular local law? (No response) c This public hearing was declared closed at 7:26 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 3. PH 7/30 @ 7:00 Pm -LL Chapter 280 Zoning, Recreational Uses 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 2°a day of July, 2019, a Local Law entitled "A Local Law in Relation to Amending Chapter 280 Zoning, to Allow Recreational Uses in the Light Industrial Park/Planned Office Park(LIO) and Light Industrial (LI)Districts" and NOTICES IS 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 30th day of July, 2019 at 7:00 p.m. at which time-all interested persons will be given an opportunity to be heard, be it further The proposed Local Law entitled, "A Local Law in Relation to Amending Chapter 280 Zoning, to Allow Recreational Uses in the Light Industrial Park/Planned Office Park(LIO) and Light Industrial (LI) Districts reads as follows: r LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in Relation to Amending Chapter 280 Zoning, to Allow Recreational Uses in the Light Industrial Park/Planned Office Park(LIO) and Light Industrial (LI) Districts" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. PURPOSE. The purpose of the amendment is to amend Chapter 280 of the Code of the Town of Southold to allow for minor recreational uses in the Light Industrial Park/Planned Office Park (LIO) and Light Industrial (LI) Districts. II. AMENDMENT. Chapter 280 of the Code of the Town of Southold is hereby amended adding the underlined portion to read as follows: § 280-4 Definitions. Southold Town Regular Board Meeting July 30, 2019 page 47 B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). RECREATION FACILITY, MINOR- Fully enclosed indoor recreation facility that provides soccer, baseball, basketball, tennis, cheerleading, swimming and other sport activities instruction or education to participants in multiple classes, sessions or events. Facilities are open to members, participants and guests only. A member, participant or guest charge may be applied. Recreational uses shall not include gambling, racing and amusement parks. § 280-58 Use regulations. In the LIO District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: (1) The agricultural operations and accessory uses, including irrigation,the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises,the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Wholesale businesses,private warehousing and public warehousing, and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Building, electrical and plumbing contractors'businesses or yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Office buildings for businesses, governmental and professional uses, including administrative training, data processing,publication, financial and sales offices. (7) Telephone exchanges. (8) Wineries as regulated by § 280-48A(11). (9) Tourist camp. (10) Recreational facilities which meet the following conditions: (a) Minimum parcel size shall be three acres. (b) There shall be three acres for each use. (11) Standard regulation golf course. (12) Food catering facility. (13) Machine and equipment workshop. (14) Boat building, boat servicing and boat storage facilities, excluding retail sales of Southold Town Regular Board Meeting July 30, 2019 page 48 boats and accessories. (15) Light industrial uses, subject to the following conditions: (a) No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans. (b) No offensive noises, gases, fumes, smoke, odors, dust, effluent or vibrations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health or to negatively impact groundwater. (c) Such processes shall involve the use of only oil, gas or electricity for fuel. (16) Printing and publishing plants. (17) Land-based aquaculture operations, including research and development, which meet the following standards: (a) Any land-based aquaculture operation shall take place in a fully enclosed structure. (b) Any land-based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure in which the land-based aquaculture takes place for the direct marketing of its products. (18) Recreational Facility, Minor §280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) and (2)hereof, are subject to site plan approval by the Planning Board: (1) The agricultural operations and accessory uses, including irrigation, the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping, breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings, greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. (2) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (3) Wholesale businesses, private warehousing and public warehousing, and building material storage and sale, but excluding storage of coal, coke, fuel oil or junk. (4) Contractors' businesses or yards, including but not limited to building, electrical, plumbing, and landscapers' yards. (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust, smoke, vibration, noise, odor or effluent. (6) Office buildings for businesses, governmental and professional uses, including administrative training, data processing, publication, financial and sales offices. Southold Town Regular Board Meeting July 30, 2019 page 49 (7) Telephone exchanges. (8) Wineries as regulated by § 280-48A(11). (9) Auto repair shop. (10) Repair shop (not including auto and marine). (11) Custom workshop. (12) Machine and equipment workshop. (13) Light industrial uses. (14) Publishing and printing plants. (15) Boat building, servicing and storage, excluding wholesale and retail sales of boats and accessories. (16) Land-based aquaculture operations, including research and development, which meet the following standards: (a) Any land-based aquaculture operation shall take place in a fully enclosed structure. (b) Any land-based aquaculture operation shall be entitled to a retail area not more than 10% of the gross floor area of the structure in which the land-based aquaculture takes place for the direct marketing of its products. (17) Recreational Facility, Minor 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 by law. I have a notarized affidavit that this hearing has been noticed in the Suffolk Times and a signed and notarized that this was published on the Town Clerk's bulletin board and on the town website. I do have a memorandum from the Planning Board office, thanking us to provide comments on the above referenced local law, the Planning Board supports the proposed legislation but offers the following comment, `In the LIO zone, recreational facilities are a permitted use if the following criteria are met: a minimum parcel size shall be three acres and b, there shall be three acres for each use. The addition of the recreational facility minor as permitted use in the LIO zone will allow a facility to be located on a parcel less than three acres in size which is seen as a benefit for those activities that require smaller areas. The second criteria requires three acres for each use. To improve clarity, it is recommended the Town Board clarify that the term use only applies to those listed in the use regulations within each zoning district to provide a distinction from recreational activities. It is further recommended that the definitions involving recreational uses in the town code are cross referenced for congruency.' And I have memorandum from the LWRP director, the proposed local law is proposed to be consistent with the LWRP policy standards and therefore is consistent with the LWRP. SUPERVISOR RUSSELL: Just a clarification before we move forward, an LI zone (inaudible) I have to presume the three acres only applies to the LIO which is the bulk schedule for the code. Southold Town Regular Board Meeting July 30, 2019 page 50 TOWN ATTORNEY DUFFY: Yes, well this is recreational facility minor and that was for recreational facility which is a separate definition so it doesn't apply, this doesn't... SUPERVISOR RUSSELL: Okay, so just so I understand, recreational facility minor, all of the uses are permitted, multi-purpose uses under one roof? TOWN ATTORNEY DUFFY: Yes. SUPERVISOR RUSSELL: And there is no single use component to that? TOWN ATTORNEY DUFFY: Right. They are all one use under one umbrella, so to speak. That section that the Planning Board was concerned about was really for a different definition, a different type of use altogether. It's for more outdoor uses and things. (Inaudible) So for this it's all one use under... SUPERVISOR RUSSELL: One use based on the current bulk schedule. So if it's an LI zone, it's considered a use and only one acre requirement? TOWN ATTORNEY DUFFY: Yes. SUPERVISOR RUSSELL: Okay. But the multiple uses can take place under one roof? TOWN ATTORNEY DUFFY: Yes. SUPERVISOR RUSSELL: I thought the intent was to limit it to one or two uses, based on the intensity. TOWN ATTORNEY DUFFY: Well, I am saying that if it's one facility, one business, it might have more than one activity going on under their roof, that's fine but if it's different organization of facilities, it would be different uses. COUNCILMAN GHOSIO: I also have a memorandum here from the Planning Board office, that this is determined that it is a type I action therefore it is subject to SEQRA review. And under 617.4, the adoption of changes in the allowable uses in any zoning district affecting 25 or more agents in the district, a negative declaration of the action is recommended. If the negative declaration is issued, a copy must be filed with the environmental notice bulletin board. I am sorry, with the environmental notice bulletin. And a letter from SC Department of Economic Development, that this is a matter to be considered for local determination, there is no apparent significant county-wide or inter-community impacts. And that is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Southold Town Regular Board Meeting July 30, 2019 page 51 STEPHANIE PIRAINO: Hi, I am Stephanie Piraino, I would like to thank you for getting us this far. from what I understand, everything sounds like it's moving in the right direction. I just have a few quick questions. As far as the one acre for multiple use, we had discussed, well, everyone had discussed it would be for single use but cheerleading is still, if we are just doing cheerleading in the facility, this would still fall under what the zoning is allowing for on one acre? SUPERVISOR RUSSELL: Yes, it's defined. And my presumption is it's supposed to be, the original discussion was for single use. In other words, this is the menu, you can pick one of these uses, not having several uses under one roof because that would potentially undermine the whole purpose of the recreational overlay zone. But we will get clarification on that. Yes, that is aspecifically listed definition. MS. PIRAINO: Okay, so if we are in that one acre zone, what then would be the next step we would take if this all goes as we hope? Once we get to the next step and we have a location, LI use, are there specifics that we need to maintain to stay within what the town requires such as parking, things like that? SUPERVISOR RUSSELL: Quite honestly, what you would do is, this is what our intended use is, this is the building. You apply for a building permit and then the building inspector will go over the list of things... MS. PIRAINO: Okay,just like any other business? SUPERVISOR RUSSELL: Like any other business. MS. PIRAINO: Okay, perfect. Do you guys have any questions for us? My understanding is now that we would go another two weeks and then vote. SUPERVISOR RUSSELL: The Town Board generally, we can vote at the close of any hearing on any local law. Generally when we get a lot of varying opinions, we will table for two weeks to take all of those points of view in serious consideration but it really depends on the outcome of the public hearing. MS. PIRAINO: Okay. I mean I guess what I would want to leave you with, as far as we are concerned we, obviously you know we need this type of space to operate. I just left practice right now in my little, itty, bitty space. It would be wonderful if it could be in a bigger space so it could run a little more seamless for the kids. If there are any questions or concerns that the Board may have, I am open to answer any questions. I know that this is not just about cheerleading and it does open doors for other recreational uses but right now I am just thinking about my kids and what I do with our kids on a daily basis. I really want to be able to afford this opportunity, so if there's any questions as far as our use that would sway us to the positive end, I am open to answer any of those. Sorry, I am flipping it a little here. Southold Town Regular Board Meeting July 30, 2019 page 52 SUPERVISOR RUSSELL: You have provided so much information to the Board, I can't think of any question that hasn't already been answered. MS. PIRAINO: Okay. SUPERVISOR RUSSELL: I can't speak for the rest of the Board. COUNCILWOMAN DOHERTY: No, I don't have any questions. MS. PIRAINO: Okay, well thank you very much. SUPERVISOR RUSSELL: Who else would like to address the Board? CHATTY ALLEN: Chatty Allen, Greenport. I am here in support of this and hoping that this is going to move forward in their favor. I spoke at the last meeting, that some of these girls are going into 7"' grade now, I have been watching them since they were in kindergarten. This is beyond amazing, this program. What these young athletes do and they go away and they win first place after first place and they are in a space where they can't even do their full routines. So it is amazing what these young girls are doing and I really hope that this can go through for them so they can have the space that they need so we don't lose this from Southold Town because if there is no space available, we are going to lose this program for a lot of our young youth here and this is a phenomenal program. I am not a parent, I don't have a child in this but I follow them and they literally blow me away and I don't want to see our youth lose out and our town, our town should be so proud of North Fork Cheer and what these girls can do. So I, you know, from what I am hearing it seems like this will move forward positively and that's what my hope is that's going to come out of this. So thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular local law? (No response) This public hearing was declared closed at 7:39 P.M. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Closing Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: I would invite anybody that would like to comment on any items of mutual interest, please feel free? (No response) Motion To: Adjourn Town Board Meeting Southold Town Regular Board Meeting July 30, 2019 page 53 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 7:42 P.M. v Eli beth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell c