HomeMy WebLinkAboutAG-09/24/2019
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145
MARRIAGE OFFICER Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
AGENDA
SOUTHOLD TOWN BOARD
September 24, 2019
7:00 PM
POLICY: At the beginning of scheduled Town Board meetings, the attending public is
encouraged to briefly address the Town Board relating to agenda resolutions prior to their
enactment; the public will also be given time at the conclusion of the regularly scheduled
business agenda to address the Board on any given topic.
ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting.
The video of the meeting is usually available to watch live during the meeting. Minutes with
adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda
and meeting video can be viewed by going to the official Town of Southold website:
www.southoldtownny.gov and following either of the following:
(1) Move pointer over “Government” on the Town website home page. You will find the title
“Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings
and Agendas”. or
(2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose
“Access”, then “Southold Town Board Meetings and Agendas.
Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the
resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the
meeting by clicking on the camera symbol. All of this information is available 24/7.
If you would like help navigating the site, please feel free to call my office 631-765-1800.
CALL TO ORDER
7:00 PM Meeting called to order on September 24, 2019 at Meeting Hall, 53095 Route 25,
Southold, NY.
Attendee Name Present Absent Late Arrived
Councilman James Dinizio Jr
Southold Town Meeting Agenda - September 24, 2019
Page 2
Councilman William P. Ruland
Councilwoman Jill Doherty
Councilman Robert Ghosio
Justice Louisa P. Evans
Supervisor Scott A. Russell
I. REPORTS
1. Trustees Monthly Report
August 2019
2. Planning Department Monthly Report
August 2019
3. Justice Court Reports
August 2019
II. PUBLIC NOTICES
1. NYS Corps of Engineers
Gardiners Bay
III. COMMUNICATIONS
IV. DISCUSSION
1. 9:00 AM - Denis Noncarrow
Septic Replacement Forum 11/14
2. 9:15 AM - John Stein, CAC
Climate Smart Communities Certification Program
3. Letter of Appreciation Received from Southold Fire Dept
Police Officer Peter Onufrak
4. Councilwoman Doherty
Ray Dean Parking Lot
5. RFP Proposal for Recreational Facility
6. Supervisor Russell
2020 Budget Update
7. EXECUTIVE SESSION - Proposed Property Acquisition(S), Sale or Lease of Real
Property, Publicity of Which Would Substantially Affect the Value Thereof
11:00 AM - Melissa Spiro, Land Preservation
Southold Town Meeting Agenda - September 24, 2019
Page 3
8. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Employment History
of a Particular Person(S)
11:15 AM - Chief Martin Flatley, Police Department
11:45 AM - Michael Collins, Jamie Richter and Kristie Hansen-Hightower
Councilwoman Doherty re: Engineering Dept.
Councilman Ruland re: LDC and Transportation Commission
9. EXECUTIVE SESSION - Labor- Matters Involving the Employment Contract of a
Particular Corporation
12:15 PM - Jim Bunchuck, Landfill
V. RESOLUTIONS
2019-803
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
September 24, 2019.
Vote Record - Resolution RES-2019-803
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-804
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, October 8, 2019 at Southold Town Hall, 53095 Main Road, Southold, New York at
4:30 PM.
Southold Town Meeting Agenda - September 24, 2019
Page 4
Vote Record - Resolution RES-2019-804
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-763
Tabled 8/27/2019 7:00 PM, 9/10/2019 4:30 PM
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact LL Chapter 280, Accessory Apartments
WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 16th day of July, 2019, a Local Law entitled “A Local Law in
relation to an Amendment to Chapter 280, Zoning, in connection with Accessory
Apartments 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 Accessory Apartments 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 Accessory Apartments in the Town of Southold”
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 280-13 Use regulations.
\[Amended 3-14-1989 by L.L. No. 3-1989\]
In A-C, R-80, R-120, R-200 and R-400 Districts, 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
Southold Town Meeting Agenda - September 24, 2019
Page 5
to be used, in whole or in part, for any uses except the following:
A. Permitted uses. \[Amended 5-23-1989 by L.L. No. 8-1989; 11-29-1994 by L.L. No. 25-
1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L.
No. 15-2007; 6-15-2010 by L.L. No. 2-2010\]
(6) One accessory apartment in an existing one-family dwelling, subject to the issuance of
a rental permit in accordance with § 280-13D and the following requirements:
(b) One of the dwelling units shall be occupied exclusively by tThe owner of the
existing dwelling shall occupy one of the dwelling units as the owner's principal
residence. The other dwelling unit shall be leased for year-round occupancy,
evidenced by a written lease for a term of one or more years.
(c) The existing one-family dwelling shall contain not less than 1200 1,600 square feet
of livable floor area.
(d) The accessory apartment shall contain not less than 350 450 square feet and shall
not exceed 750 square feet of livable floor area and shall have no more than
one bathroom.
(l) The dwelling which is converted to permit an accessory apartment shall be in
existence and be eligible for or have a valid certificate of occupancy issued at least
ten (10) years prior to applying for an accessory apartment January 1, 2004, or
proof of legal occupancy prior to that date.
(q) No accessory apartment shall be occupied by more than the number of
persons permitted to occupy the dwelling unit under Section 404 of the
Property Maintenance Code of the New York State Uniform Fire Prevention
and Building Code.
B. Uses permitted by special exception by the Board of Appeals. The following uses are
permitted as special exception by the Board of Appeals, as hereinafter provided, and, except
for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan
approval by the Planning Board: \[Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by
L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-27-
1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996;
11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No.
18-2005; 6-15-2010 by L.L. No. 2-2010\]
(13) One accessory apartment in a lawfully existing detached accessory garage, barn or
storage building, subject to the following requirements: \[Amended 4-24-2018 by L.L. No.
3-2018\]
(a) The accessory apartment shall contain no less than 350 450 square feet and shall not
exceed 750 square feet of livable floor area and shall have no more than one
bathroom.
(i) Occupancy of resident structures on the premises shall be subject to the issuance of
an annual rental permit in accordance with § 280-13D and the following
requirements:
\[1\] The owner of the premises shall occupy Eeither the existing single-family
Southold Town Meeting Agenda - September 24, 2019
Page 6
dwelling unit or the accessory apartment in the detached accessory structure
shall be occupied exclusively by the owner of the premises as the owner's
principal residence. The other dwelling unit shall be leased for year-round
occupancy evidenced by a written lease for a term of one or more years to:
D. Rental permit for accessory apartments. Notwithstanding any prior course of conduct or
permission granted, no owner of property shall cause, permit, or allow the occupancy or use
of an accessory apartment created pursuant to § 280-13A(6) or § 280-13B(13) without a
valid rental permit issued upon application to the Chief Building Inspector. \[Added 6-15-
2010 by L.L. No. 2-2010\]
(1) Content of application. An application for a rental permit or for a renewal of a rental
permit shall bear the notarized signature of the owner and contain the following
information:
(a) The name, date of birth and telephone number of the owner.
(b) The address of the subject property including street address and Suffolk County
Tax Map number.
(c) In the event the owner is a corporation, partnership, limited liability company or
other business entity, the name, address and telephone number of each owner,
principal, officer, shareholder, partner or member of such business.
(d) The name(s) and telephone number(s) of all tenants.
(e) A copy of the lease agreement between owner and tenant.
(f) A copy of the certificate of occupancy or preexisting certificate of occupancy for
the property.
(2) The owner of an accessory apartment within an existing one-family dwelling shall, in
addition to the information required in § 280-13D(1)(a) through (f), provide a
certification that the existing dwelling or accessory apartment is occupied by the owner
and that the premises is in compliance with all of the provisions of the Code of the
Town of Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York.
(3) The owner of an accessory apartment in an accessory structure lawfully existing
pursuant to § 280-13B(13) shall, in addition to the information required in § 280-
13D(1)(a) through (f), provide a certification that: \[Amended 12-5-2017 by L.L. No.
20-2017\]
(a) The existing single-family dwelling or the accessory apartment in the accessory
structure is occupied by the owner as the owner's principal residence.
(b) The other dwelling unit on the subject property is to be occupied by either a family
member or an individual who is currently on the Southold Town Affordable
Housing Registry and eligible for placement.
(c) Rents charged to a tenant from the Affordable Housing Registry shall not exceed
the rent established by the Town Board annually pursuant to § 280-30F of this
Code.
(d) The dwelling unit is in compliance with all of the provisions of the Code of the
Town of Southold, the laws and sanitary and housing regulations of the County of
Suffolk and the laws of the State of New York.
Southold Town Meeting Agenda - September 24, 2019
Page 7
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-2019-763
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-805
CATEGORY: Attend Seminar
DEPARTMENT: Government Liaison
Lynn Nyilas Seminar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lynn Nyilas to
attend a conference as a presenter for the Association of NY State Youth Bureaus Youth Development
Training Conference In Albany, NY on October 7 and 8th, 2019. All expenses for registration and travel
to be a legal charge to the 2019 budget (A.7310.4.600.500 Meetings and Seminars).
Vote Record - Resolution RES-2019-805
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
James Dinizio Jr
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
Southold Town Meeting Agenda - September 24, 2019
Page 8
2019-806
CATEGORY: Attend Seminar
DEPARTMENT: Government Liaison
Lynn Nyilas Attend Seminar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Lynn Nyilas to
attend a conference as a Long Island host for the Association of NY State Youth Courts, Youth Court
th
Director Symposium In Stony Brook, NY on Nov 7 and 8th, 2019. All expenses for registration and
travel to be a legal charge to the 2019 budget (A.7310.4.600.500 Meetings and Seminars).
Vote Record - Resolution RES-2019-806
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-807
CATEGORY: Budget Modification
DEPARTMENT: Police Dept
Police Department-Budget Modification
Financial Impact:
Reallocation of budgetary frunds to alleviate over expended budget line for Live Scan Maintenance for
the preriod 1/1/19-12/31/19
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General
Fund Whole Town budget as follows:
From:
A.3120.2.500.775 Police Equip/Other Equip
In Car Video/Computer/ RAD $3,255 Total
$3,255
Southold Town Meeting Agenda - September 24, 2019
Page 9
To:
A.3120.2.500.425 Police Equipment/Other Equip
Livescan Unit $3,255 Total
$3,255
Vote Record - Resolution RES-2019-807
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-808
CATEGORY: Refund
DEPARTMENT: Town Attorney
Refund CPF - Flatley
RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from
Account #CM.1189.10) to Rachel and Ryan Flatley from the Town of Southold in the amount of
$6,661.40 in connection with the payment of the Community Preservation Fund tax on property
in Southold (SCTM #1000-74-3-6) purchased by Rachel and Ryan Flatley on August 12, 2019,
as the transaction is exempt from the CPF tax.
Vote Record - Resolution RES-2019-808
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - September 24, 2019
Page 10
2019-809
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Attend NYS Retirement System Employer Education Seminar
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Christine Foster, Personnel Assistant, and Diana Whitecavage, Senior Account Clerk-Typist, to
attend the New York State Retirement System Employer Education Seminar in South
Farmingdale, NY on October 17, 2019. All expenses for registration and travel to be a legal
charge to the budget (meetings and seminars).
Vote Record - Resolution RES-2019-809
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-810
CATEGORY: Budget Modification
DEPARTMENT: Assessors
2019 Budget Modification - Assessors
Financial Impact:
For purchase of equipment
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General
Fund, Whole Town budget as follows:
To:
A1355.2.200.250 Board of Assessors
Equipment
Filing/Storage Equipment $1,800.00
Total $1,800.00
Southold Town Meeting Agenda - September 24, 2019
Page 11
From:
A1355.1.300.100 Board of Assessors
Assessors, P.S.
Seasonal Employees $1,800.00
Total $1,800.00
Vote Record - Resolution RES-2019-810
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-811
CATEGORY: Fmla
DEPARTMENT: Accounting
Grant FMLA Leave to a Town Employee
RESOLVED that the Town Board of the Town of Southold hereby grants a leave of absence for
up to 12 weeks to Employee #4015 effective September 9, 2019 pursuant to the Family Medical
Leave Act.
Vote Record - Resolution RES-2019-811
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - September 24, 2019
Page 12
2019-812
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2019 Budget Modification- Capital (Dean's Parking Lot)
Financial Impact:
Transfer additional funds for Dean's Parking Lot Change Order
WHEREAS the Town Board of the Town of Southold authorized a 2019 Capital project to
reconstruct Dean’s Parking Lot, and
WHEREAS the Town’s Capital Budget process requires a resolution to amend Capital Budget
items in the Capital Fund, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the amendment
of the 2019 General Fund Whole Town and Capital Budgets as follows:
From:
A.1990.4.100.100 Unallocated Contingencies $2,700
Total $2,700
To:
A.9901.9.000.100 Interfund Transfers, Transfer to Capital $2,700
Total $2,700
Increase Revenues:
H.5031.42 Interfund Transfers,
Parking Lot Improvements $2,700
Total $2,700
Increase Appropriations:
H.5650.2.100.200 Parking Lots Capital Outlay, Dean’s Parking Lot $2,700
Total $2,700
Vote Record - Resolution RES-2019-812
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - September 24, 2019
Page 13
2019-813
CATEGORY: Budget Modification
DEPARTMENT: Trustees
2019 Budget Modification- Trustees
Financial Impact:
To cover Red Knot bird monitoring fees for the dredging season, pursuant to the requirements of the U.S.
Fish and Wildlife Service Special Conditions.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General
Fund Whole Town budget as follows:
From:
A.8090.4.100.650 Contractual Expense, Shellfish Advisory $3,000.00
Total $3,000.00
To:
A.8090.4.500.300 Contractual Expense, Consultants $3,000.00
Total $3,000.00
Vote Record - Resolution RES-2019-813
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-814
CATEGORY: Budget Modification
DEPARTMENT: Solid Waste Management District
2019 Budget Modification: SWMD
Financial Impact:
Shifts authorizations to provide funds for supplies for Morbark Grinder.
Southold Town Meeting Agenda - September 24, 2019
Page 14
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid
Waste Management District budget as follows:
From:
SR 8160.4.100.525 Tires (Payloader/Truck) $1,200
SR 8160.4.100.596 Maint/Supplies CBI Grinder 670
SR 8160.4.400.200 Building Maintenance 1,250
SR 8160.4.400.655 Repairs CAT 966 Loader 500
SR 8160.4.400.811 Stump Removal 500
SR 8160.4.500.100 DEC Env. Monitor 880 Total
$5,000
To:
SR 8160.4.100.597 Maint/Supply Morbark Grinder $5,000
Total $5,000
Vote Record - Resolution RES-2019-814
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-815
CATEGORY: Refund
DEPARTMENT: Town Clerk
Refund of Yard Sale Permit Fee
RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to
Barbara Scura, PO Box 547, Southold, NY 11971 in the amount of $15.00 for a yard sale permit.
Vote Record - Resolution RES-2019-815
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
James Dinizio Jr
Defeated
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Southold Town Meeting Agenda - September 24, 2019
Page 15
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2019-816
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Engineering
Change Order #1 W/South Fork Asphalt - Dean's Parking Lot
Financial Impact:
Funded by Resolution 2019-799 and Resolution 15574
RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1
to the contract for the Dean’s Parking Lot Improvements with South Fork Asphalt in the net
amount of $28,700.00, pursuant to their proposals dated September 6, 2019, and September 13,
2019, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2019-816
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-817
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Recreation
Hire Fall 2019 Recreation Program Instructor
Financial Impact:
Contract for Fall Instructor
Southold Town Meeting Agenda - September 24, 2019
Page 16
Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A.
Russell to execute an agreement with the following individual for the Fall 2019 recreation programs,
all in accordance with the approval of the town attorney. Funding for the instructor listed below has
been budgeted for in the recreation department's 2019 instructor line A.7020.4.500.420.
Jovan Lehrfeld-Booker (Youth Basketball) $30/hour
Vote Record - Resolution RES-2019-817
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-818
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Optimum Agreement Phone Lines
Financial Impact:
Upgrade phone lines at Highway
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 CSC
Holdings LLC d/b/a Optimum for the conversion of existing POTS phone lines to SIP lines at the
Southold Town Highway Department for an installation cost of One Hundred Eighty Two
Dollars and Ninety Five Cents ($182.95) and one year of monthly service for the same at a rate
of One Hundred Forty Nine Dollars and Seventy Five Cents ($149.75) per month, for a total
amount of One Thousand Nine Hundred Seventy Nine Dollars and Ninety Five Cents
($1,979.95), funded from budget line A.1680.4.200.100, subject to the approval of the Town
Attorney.
Vote Record - Resolution RES-2019-818
Yes/Aye No/Nay Abstain Absent
Adopted
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Jill Doherty
Withdrawn
Supervisor's Appt
Robert Ghosio
Southold Town Meeting Agenda - September 24, 2019
Page 17
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2019-819
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
SUFSD Agreement - Anti Bias
Financial Impact:
Use of room
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
Southold Union Free School District allowing the Southold Anti-Bias Task Force to use the
Southold High School Library on October 3, 2019 at no cost to the Town, subject to the approval
of the Town Attorney.
Vote Record - Resolution RES-2019-819
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-820
CATEGORY: Budget Modification
DEPARTMENT: Solid Waste Management District
2019 Budget Modificiation: SWMD
Financial Impact:
Provide funds for new recycling costs through end of 2019.
Southold Town Meeting Agenda - September 24, 2019
Page 18
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid
Waste Management District budget as follows:
From:
SR 8160.1.100.400 Full Time Employee/Sick Earnings $13,000
Total $13,000
To:
SR 8160.4.400.824 Clean Paper Recycle Fees* $12,000
SR 8160.4.400.838 Co-Mingle Recycle Fees 1,000
Total $13,000
*New Appropriation Line
Vote Record - Resolution RES-2019-820
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-821
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
FIFD Backhoe Agreement
Financial Impact:
FIFD backhoe
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town
Supervisor Scott A. Russell to execute an intermunicipal agreement with the Fishers Island Ferry
District permitting the Town Highway Department to utilize the Ferry District’s backhoe during
Highway Department operations on Fishers Island for the period of September 1, 2019 to
September 30, 2020, subject to approval by the Town Attorney.
Southold Town Meeting Agenda - September 24, 2019
Page 19
Vote Record - Resolution RES-2019-821
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-822
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Town of Babylon Agreement
Financial Impact:
Solid Waste Agreement
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town
Supervisor Scott A. Russell to exercise a two year extension of the intermunicipal agreement
between the Town of Southold and the Town of Babylon dated July 1, 2015 and set to expire on
December 31, 2019, regarding transportation and disposal of the Town of Southold’s municipal
solid waste, subject to approval from the Town Attorney.
Vote Record - Resolution RES-2019-822
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - September 24, 2019
Page 20
2019-823
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Belfor Long Island, LLC
Financial Impact:
Animal Shelter repairs
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
execution of a contract with Belfor Long Island, LLC, for the repairs to the Southold Animal
Shelter building pursuant to GML§103(4).
Vote Record - Resolution RES-2019-823
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-824
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Fishers Island Ferry District
FIFD 9/16/19 Meeting Resolution Ratifications
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolutions of the Fishers Island Ferry District Board of Commissioners dated September 16,
2019, as follows:
FIFD
resolution # Regarding
2019 138 Budget Modification
Vote Record - Resolution RES-2019-824
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
James Dinizio Jr
Defeated
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Southold Town Meeting Agenda - September 24, 2019
Page 21
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2019-825
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2019 Budget Modification - Engineer
Financial Impact:
Transfer funds for expansion of Love Lane Traffic study
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General
Fund Whole Town budget as follows:
From:
A.1990.4.100.100 Unallocated Contingencies $43,000.00
Total $43,000.00
A.1440.4.500.100 Engineer, Engineering Surveys $43,000.00
Total $43,000.00
Vote Record - Resolution RES-2019-825
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-826
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Engineering
Southold Town Meeting Agenda - September 24, 2019
Page 22
Change Order #1 W/AKRF - Love Lane Traffic Study
Financial Impact:
Budget modification required to fund change order.
RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #1
to the contract for the Love Lane Traffic Study with AKRF in the net amount of $43,000.00,
pursuant to their proposal dated 9, 2019, subject to the approval of the Town Attorney. Funds
are available in A.1440.4.500.100, Engineer, Engineering Surveys.
Vote Record - Resolution RES-2019-826
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-827
CATEGORY: Budget Modification
DEPARTMENT: Highway Department
2019 Budget Modification - Highway
Financial Impact:
Transfer of Money
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway
Fund Part Town budget as follows:
From:
DB.5142.1.100.100 Snow Removal Regular Earnings $20,000.00
DB.5142.4.100.100 Misc. Supplies 100.00
TOTAL $20,100.00
To:
DB.5140.1.100.100 Brush & Weeds Regular Earnings $20,000.00
DB.5140.2.200.100 Typewriters/Office Equip 100.00
TOTAL $20,100.00
Vote Record - Resolution RES-2019-827
Adopted
Yes/Aye No/Nay Abstain Absent
Southold Town Meeting Agenda - September 24, 2019
Page 23
Adopted as Amended
James Dinizio Jr
Defeated
William P. Ruland
Tabled
Jill Doherty
Withdrawn
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Scott A. Russell
Town Clerk's Appt
Supt Hgwys Appt
No Action
Lost
2019-828
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
SC Soil & Water Conservation Dist Agreement
Financial Impact:
Stormwater run-off
RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town
Supervisor Scott A. Russell to execute an intermunicipal agreement with the Suffolk County Soil
and Water Conservation District for the receipt of grant funds in the amount of $50,000 to be
utilized for Stormwater Runoff Remediation Protection on South Harbor Road, subject to
approval from the Town Attorney.
Vote Record - Resolution RES-2019-828
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-829
CATEGORY: Support/Non-Support Resolution
DEPARTMENT: Town Attorney
Southold Town Meeting Agenda - September 24, 2019
Page 24
Climate Smart Community Pledge
WHEREAS the Town Board of the Town of Southold (hereinafter “Local Government”)
believes that climate change poses a real and increasing threat to our local and global
environments and is primarily due to the burning of fossil fuels; and
WHEREAS the effects of climate change will endanger our infrastructure, economy and
likelihoods; harm our farms, orchards, and ecological communities, including native fish and
wildlife populations; spread invasive species and exotic disease; reduce drinking water supplies
and recreational opportunities; and pose health threats to our citizens; and
WHEREAS we believe that our response to climate change provides us with an unprecedented
opportunity to save money, and to build livable, energy-independent and secure communities,
vibrant innovation economies, healthy and safe schools, and resilient infrastructures; and
WHEREAS we believe the scale of greenhouse gas (GHG) emissions reductions required for
climate stabilization will require sustained and substantial efforts; and
WHEREAS we believe that even if emissions were dramatically reduced today, communities
would still be required to adapt to the effects of climate change for decades to come, now
therefor be it
RESOLVED that the Town Board of the Town of Southold, in order to reduce greenhouse gas
emissions and adapt to a changing climate, does hereby adopt the New York State Climate Smart
Communities pledge, which comprises the following ten elements:
1. Build a climate-smart community
2. Inventory emissions, set goals, and plan for climate action
3. Decrease energy use
4. Shift to clean, renewable energy
5. Use climate-smart materials management
6. Implement climate-smart land use
7. Enhance community resilience to climate change
8. Support a green innovation economy
9. Inform and inspire the public
10. Engage in an evolving process of climate action
Vote Record - Resolution RES-2019-829
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
James Dinizio Jr
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Rescinded
Louisa P. Evans
Town Clerk's Appt
Southold Town Meeting Agenda - September 24, 2019
Page 25
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-830
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Trustees
Glenn Just Bird Monitoring
Financial Impact:
A.8090.4.500.300
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to enter into a one (1) year contract with Glenn Just to conduct Red
Knot Bird Monitoring during dredging operations in Southold Town Waters pursuant to the
requirements of the United States Fish and Wildlife Service Special Conditions, at a rate of one
hundred and twenty five ($125) dollars per hour, funded from budget line A.8090.4.500.300,
subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2019-830
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-831
CATEGORY: Bid Acceptance
DEPARTMENT: Town Clerk
Accept Bids of Grade A. Petroleum Corp for Lubricants and Fluids
Financial Impact:
Lubricant bid
Southold Town Meeting Agenda - September 24, 2019
Page 26
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grade A
Petroleum Corporation to supply the Town with additional lubricants and fluids for the term of
one (1) full year after the bid was awarded, as submitted in the bid and all in accordance with the
Town Attorney.
Vote Record - Resolution RES-2019-831
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-832
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Hire New Police Officers
RESOLVED that the Town Board of the Town of Southold hereby appoints Olivia
Barszczewski, Nicole DiVello, and Darren Hinderliter to the position of Police Officer for the
Southold Town Police Department, effective with the commencement of the upcoming Police
Academy, at a rate of $49,603.00 per annum.
Vote Record - Resolution RES-2019-832
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - September 24, 2019
Page 27
2019-833
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
ENACT LL Updating Comm Pres Project
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County, New York, on the 13th day of August, 2019 a Local Law entitled “A Local Law in
relation to Updating Eligible Parcel List of the Community Preservation Project Plan” 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 Updating the Community Preservation Project
Plan” reads as follows:
LOCAL LAW NO. 2019
A Local Law entitled, “A Local Law in relation to Updating the Community Preservation
Project Plan”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The following property is proposed to be added to the existing List of Eligible
Parcels included in the Community Preservation Project Plan.
This undeveloped parcel with an address of 12500 New York State Route 25, SCTM # 1000 -
114.-11-17 is located at the northeast corner of New Suffolk Avenue and Route 25, Mattituck,
NY. The preservation and protection of this property falls under multiple purposes of the
Community Preservation Project Plan, including, but not limited to, the establishment of parks,
nature preserves or recreational areas.
II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows:
§ 17-13 Community preservation project plan adopted.
\[Amended 2-4-2003 by L.L. No. 2-2003; 4-12-2005 by L.L. No. 5-2005; 1-31-2006 by L.L.
No. 2-2006; 9-9-2008 by L.L. No. 11-2008; 9-23-2008 by L.L. No. 13-2008; 8-23-2016 by
L.L. No. 9-2016\]
G. The Town Board of the Town of Southold hereby approves and adopts the August /
September 2019 update to the Community Preservation Project Plan, which adds one parcel
to the List of Eligible Parcels. The text of the revised plan adopted by the Town Board in
2016 shall remain as adopted in 2016. The August/September update shall supersede all
Southold Town Meeting Agenda - September 24, 2019
Page 28
previously adopted and amended plans.
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-2019-833
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2019-834
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact LL Chapter 280 - AHD
WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 27 day of August, 2019, a Local Law entitled “A Local Law in
relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing
District” 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 Affordable Housing District” which reads as follows:
Southold Town Meeting Agenda - September 24, 2019
Page 29
LOCAL LAW NO. 2019
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 280, Zoning,
in connection with Affordable Housing District”
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to update the eligibility requirements.
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
§280-30. General regulations and requirements
C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and
unimproved lots shall be reserved for moderate-income families who do not have any ownership
interest in any other residence or vacant lot. The net worth of an applicant (individual or family)
shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible
applicants shall be placed in a lottery system must be registered in the Town of Southold
Registry, administered by the Government Liaison Officer. There shall be a priority for
qualified active members in service as volunteers in an agency providing firematic
protection, emergency medical or ambulance services in the Town of Southold in a formula
acceptable to the Town Board.
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-2019-834
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
James Dinizio Jr
Tabled
William P. Ruland
Withdrawn
Jill Doherty
Supervisor's Appt
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
Southold Town Meeting Agenda - September 24, 2019
Page 30
2019-835
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
ENACT LL Chapter 280, Sections 13C and 17C
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 5 day of September, 2019 a Local Law entitled, “A Local Law in
relation to an Amendment to Sections 280-13 (C) and 280-17 (C) ‘Accessory Uses’ of the
Southold Town Code with regard to allowing direct marketing by a bona fide
aquaculture/mariculture farm operations” 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 and be it
further
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 Sections 280-13 (C) and
280-17 (C) ‘Accessory Uses’ of the Southold Town Code with regard to allowing direct
marketing by a bona fide aquaculture/mariculture farm operations”.
LOCAL LAW NO. 2019
A Local Law entitled, “A Local Law in relation to an Amendment to Sections 280-13 (C)
and 280-17 (C) ‘Accessory Uses’ of the Southold Town Code with regard to allowing direct
marketing by a bona fide aquaculture/mariculture farm operations”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Town Board recognizes the unique challenges faced by bona fide aquaculture/mariculture
farm operations with regard to the ability to directly market their produce compared to
agricultural farm operations that can utilize on farm marketing opportunities.
The purpose of this local law is to give bona fide aquaculture/mariculture farm operations the
ability to directly market their produce by allowing direct marketing of their produce at the
primary residence of the owner of a bona fide acquaculture/mariculture farm operation and at a
bona fide agricultural farm operations
§ 280-13 Use regulations.
\[Amended 3-14-1989 by L.L. No. 3-1989\]
Southold Town Meeting Agenda - September 24, 2019
Page 31
In A-C, R-80, R-120, R-200 and R-400 Districts, 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 uses except the following:
C. Accessory uses, limited to the following uses and subject to the conditions listed in
§ 280-15 herein:
(1) Any customary structures or uses which are customarily incidental to the principal use,
except those prohibited by this chapter.
(14) Direct marketing of aquaculture or mariculture products, subject to the following
requirements:
(a) Only bona fide acquaculture/mariculture farm operations may engage in the
direct marketing of aquaculture or mariculture products pursuant to this
section;
(b) A bona fide acquaculture/mariculture farm operation may engage in the direct
marketing of their produce at one of the following locations, but not both:
(1) a parcel containing a single-family dwelling that is the primary
residence of the owner of a bona fide aquaculture/mariculture farm
operation, or;
(2) a parcel used as part of a bona fide farm operation located on State
Route 25 (“Main Road”) or County Road 48 (the “North Road”);
(c) only products grown by the bona fide aquaculture/mariculture farm operation
may be sold;
(d) Notwithstanding anything set forth elsewhere in this article, a temporary
display area located in the front yard of the parcel may be used in connection
with direct marketing taking place at the primary residence of the owner of a
bona fide aquaculture/mariculture farm operation, subject to the following
requirements:
(1) the display area shall not exceed 100 square feet and may not be enclosed;
(2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in the
display area;
(3) no generators may be used to supply electric power to the display area.
§ 280-17 Use regulations.
In an R-40 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,
Southold Town Meeting Agenda - September 24, 2019
Page 32
for any uses except the following:
C. Accessory uses, limited to the following:
(1) Same as § 280-13C of the Agricultural-Conservation District.
(2) Direct marketing of aquaculture or mariculture products, subject to the following
requirements:
(a) Only bona fide acquaculture/mariculture farm operations may engage in
the direct marketing of aquaculture or mariculture products pursuant to
this section;
(b) A bona fide acquaculture/mariculture farm operation may engage in the
direct marketing of their produce at one of the following locations, but not
both:
(1) a parcel containing a single-family dwelling that is the primary
residence of the owner of a bona fide aquaculture/mariculture farm
operation, or;
(2) a parcel used as part of a bona fide farm operation located on State
Route 25 (“Main Road”) or County Road 48 (the “North Road”);
(c) only products grown by the bona fide aquaculture/mariculture farm
operation may be sold;
(d) Notwithstanding anything set forth elsewhere in this article, a temporary
display area located in the front yard of the parcel may be used in
connection with direct marketing taking place at the primary residence of
the owner of a bona fide aquaculture/mariculture farm operation, subject
to the following requirements:
(1) the display area shall not exceed 100 square feet and may not be
enclosed;
(2) a refrigeration unit, not exceeding 5 cubic feet in size, may be used in
the display area;
(3) no generators may be used to supply electric power to the display area.
(3) Same as § 280-13D of the A-C, R-80, R-120, R-200 and R-400 Districts. \[Added 12-
5-2017 by L.L. No. 20-2017\]
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
Southold Town Meeting Agenda - September 24, 2019
Page 33
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-2019-835
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
James Dinizio Jr
Tabled
Withdrawn
William P. Ruland
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
VI. PUBLIC HEARINGS
1. Set PH 9/24/19 - 7:00 Pm
2. PH 9/24 7:00 Pm Chapter 280 - AHD
3. PH 9/24 7:02 Pm Chapter 280-13 (C) and 280-17 (C) ‘Accessory Uses’