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Home My WebLink AboutTB-08/13/2019 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK ��o�pgOFFD(�coGy PO Box 1179 co Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o yr Fax(631)765-6145 MARRIAGE OFFICER y�ipl yo� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING August 13, 2019 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 13, 2019.at the Meeting Hall, Southold,NY. Call to Order 4:30 PM Meeting called to order on August 13, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland = Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert Ghosio Town of Southold Councilman Present _........ _._ .._. ....._.._.....___ . ..___ m. ._ _ ._.q_.._ ., w._ . Louisa P. Evans ? Town of Southold Justice Present Scott A. Russell Town of Southold _ � Supervisor ° Present I. Reports 1. Planning Department Monthly Report 2. Town Clerk Monthly Report 3. Building Department Monthly Report 4. Zoning Board of Appeals Monthly Report 5. Justice Court Reports 6. Trustees Monthly Report Southold Town Board Regular Meeting August 13, 2019 page 2 II. Public Notices III. Communications IV. Discussion Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio,,Evans,Russell 1. PH 7/30 9:00 Am - CEA Bashian History: 07/30/19 Town Board ADJOURNED Next: 08/13/19 ' RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman ,AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 2. PH 8/13/2019 9:00 Am - Coastal Erosion Appeal-Donald Young leave open for 2 weeks for comments RESULT: CLOSED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 3. 9:30 Am - Chief Martin Flatley L 4. 9:45 Am -Jeff Standish 5. Councilman Ruland Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:16 AM for the purpose of discussing the following matters: Proposed Property Acquisition and Labor. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 6. EXECUTIVE SESSION - Proposed Property Acquisition(s), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof i Southold Town Board Regular Meeting August 13, 2019 page 3 7. EXECUTIVE SESSION -Labor-Matters Involving the Employment/Employment History of a Particular Person(s) Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:58 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, 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 until the Regular 4:30 PM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Russell, SUPERVISOR RUSSELL: Please rise for the Pledge. Thank you. I am going to offer anybody the opportunity to comment on any of the agenda items. I know many of you are here to make a comment on the public hearing, that comment we will take later during the public hearing. But on any other issue? ` Anne Murray ANNE MURRAY: Anne Murray, East Marion. I just want to thank the Town Board for resolution 710, I asked about this a few weeks ago, a blighted property in East Marion with grass probably about 4 or 5 feet high and I understand that it could cost about $1400 to mow. I hope you will be able to collect the money from the owner of this property who has neglected it for years. Thank you very much. Supervisor Russell SUPERVISOR RUSSELL:; Sure, I just wanted to explain procedurally, that cost gets levied on to the tax bill and the tax bill always gets paid because even if the owner doesn't pay the bill, the county does. Would anybody else like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2019-705 CATLGORF. Audit DEP_9REVENT. Town Clerk Southold Town Board Regular Meeting August 13, 2019 page 4 Approve Audit RESOLVED that the Town Board of the Town of Southold'hereby approves the audit dated August 13, 2019. ✓Vote Record-Resolution RES-2019-705 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ i ❑ ❑ Rescinded Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt H,-wys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-706 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 27, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 7:00 PM. ✓Vote Record-Resolution RES-2019-706 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent , El Withdrawn James Dmizio Jr Voter D ❑ El ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ El ❑ Rescinded Robert Ghosio Seconder, 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt H,-wys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 13, 2019 page 5 2019-707 C4TEGORY.• Budget Modification DE,PARTYIIE,NT: Engineering 2019 Budget Modification- Capital/Engineering Financial Impact: Transfer between existing budget lines and increase capital budget to fund purchase of GIS Workstation RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town and Capital Fund budget as follows: From: A.1440.4.600.200 Meetings & Seminars $1,500 To: A.9901.9.000.100 Transfer to Capital Fund $1,500 Increase• H.5031.35 Interfund Transfer, Personal Computers $1,500 Increase• H.1680.2.600.200 Scanners $1,500 ✓Vote Record-Resolution RES-2019-707 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dimzio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Ji 1 Doherty Voter Rl ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 121 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-708 CA TF, Budget Modification 'DEP4R7 EIVT.• Police Dept 2019 Budget Modification-Police Department Financial Impact:DARE Officer training RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Southold Town Board Regular Meeting August 13, 2019 page 6 Fund Whole Town BudIzet as follows: From: A.3120.4.600.200 Police/Misc/Police Officer Training $4,000 Total $4,000 To: A.3157.4.600.200 DARE/Training $4,000 Total $4,000 ✓Vote Record-Resolution RES-2019-708 0 Adopted ❑ Adopted as Amended ❑ Defeated El Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dmizio Jr j 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 2019-709 CATEGORY• Employment-Town DEPARTIVENT. Accounting Permanent Planner Erica A. Bufkins WHEREAS Erica A. Bufkins was appointed to the position of Planner Trainee from the Suffolk County Department of Civil Service List of Eligible's effective August 30, 2017, and WHEREAS upon completion of two (2) years of continuous service as a permanent Planner Trainee the incumbent in this class achieves permanent competitive status as a Planner without further examination, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Erica A. Bufkins to the permanent position of Planner effective August 30, 2019 at a rate of$59,745.52 per year. ✓Vote Record-Resolution RES-2019-709 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ,lames Dimzio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Roland Mover 0 ❑ ❑ ❑ ( I Southold Town Board Regular Meeting August 13, 2019 page 7 ❑ Tabled Jill Doherty Voter ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder, 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-710 CATEGORY. Public Service DEPARTMENT.• Town Attorney Amend Resolution 2 019-688 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2019- 688 adopted on July 30, 2019 to read as follows: RESOLVED that the Town Board of the Town of Southold, pursuant to Section 100-4(A) of the Southold Town Code, hereby directs that the costs and expenses incurred by the Department of Public Works in effectuating the cleanup of the property located at 7600 Route 25, East Marion, in the amount of$ 7 $1,398.26 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-2019-710 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosjo Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-711 Southold Town Board Regular Meeting August 13, 2019 page 8 CATEGORY.• Committee Appointment DEPARTMENT. Town Clerk Reappoint Phyllis Atkinson to the Southold Town Board of Assessment Review RESOLVED that the Town Board of the Town of Southold hereby reappoints Phyllis Atkinson to the Southold Town Board of Assessment Review effective October 1, 2019 through September 30, 2024. ✓Vote Record-Resolution RES-2019-711 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled -- ❑ Withdrawn James Dmizio Jr Voter 0 ❑ A ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-712 CATEGORY.• Committee Resignation DEPARTMENT. Town Clerk Accept the Resignation of John Betsch fi-oni the Southold Town Board of Assessment Review RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of John Betsch from the Southold Town Board of Assessment Review, effective immediately. ✓Vote Record-Resolution RES-2019-712 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland 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 Southold Town Board Regular Meeting August 13, 2019 page 9 2019-713 CATEGORY., Budget Modification DEPARTMENT: Human Resource Center 2019 Budget Modification-HRC(Donations) Financial Impact:Funds are available in account A.2705.40 &A 2705.50 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Increase Revenues: Gifts and Donations A.f705.40 Other Donations $450 A.2705.50 Adult Day Care Donations 620 Total $1,070 Increase Appropriations: Contractual Expense A.6772.4.100.110 Prog/Supplies & Material's ' $450 A.6772.4.100.120 Adult Day Care Supplies 620 Total $1,070 ✓Vote Record-Resolution RES-2019-713 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Duuzio Jr Voter 0 ❑ ❑ Withdrawn ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover r 0 11 El ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-714 CATEGOR K Budget Modification DE,PARTjUEVT. Engineering 2019 Budget Modification -Engrneermg Southold Town Board Regular Meeting August 13, 2019 page 10 Financial bnpact: Transfer between existing Engineering budget lines RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From: A.1440.4.600.200 Meetings & Seminars $850 A.1440.2.100.100 Field Equipment $400 To: - A.1440.4.600.300 Travel $1,250 ✓Vote Record-Resolution RES-2019-714 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr V ❑ Withdrawn oter 0 El ❑ El Supervisor's App[ William P Roland Mover 0 ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ El Robert Ghosio Voter D El 11 ❑ ❑ Rescinded ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-715 CATEGOR Y.• Contracts,Lease &Agreements DEIPART,VENT.- Town Attorney 2019 Youth Services Agreement Financial Impact: Youth Services Agreement RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the 2019 Southold Town Youth Services Agreement with the County of Suffolk, in the amount of$8,157.00, for the term January 1, 2019 through December 31, 2019, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2019-71i 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Dohertv Voter 0 ❑ El 1:1 ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ Southold Town Board Regular Meeting August 13, 2019 page 11 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-716 CATEGORY. Budget Modification DEPARTUENT. Police Dept 2019 Budget Modification-Police Department Financial Impact: Donation-Norris RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: Increase• A.2705.40 Gifts and Donations $1,000 Total $1,000 Increase: A.3120.4.400.650 Police/Equipment/Other Vehicle Equipment $1,000 Total' $1,000 ✓Vote Record-Resolution RES-2019-716 Rl Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ El ❑ Rescinded Robert Ghosio Mover LI ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-717 CATEGORY. Contracts, Lease&Agreements DEPART LENT. Recreation Southold Town Board Regular Meeting August 13, 2019 page 12 Hire Fall 2019 Recrealion Program Instructors Financial Impact: Contracts for Fall Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Fall 2019 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2019 instructor line A.7020.4.500.420. NF School For Dogs (Dog Obedience/Puppy STAR/Pre-Therapy) $90/person Thomas Boucher (Guitar) $30/hour Sara Bloom (Memoirs) $30/hour Nick Cordone (Pickleball 10 1) $30/hour Heather Cusack (Herbs for Health/Herbs Holidays) $30/hour Tom Damiani (Line Dancing) $40/hour Martha Eagle (Aerobics & Pilates 2 Day) $40/class Martha Eagle (Friday Only Pilates) $30/class Kara Erdman (Toddler Time) $30/hour Andrea Esposito (Walk 15) $40/hour Suzzanne Fokine (Plein Air) $30/hour Rachel Harrison-Smith (Line Dancing) $40/hour Rebecca Jens (Volleyball) $25/hour Bill Gatz (youth Basketball) $30/hour Bernie Kettenbeil (Smart Driver) Free Gus Klavas (Adult Basketball) $25/hour Gus Klavas (Youth Basketball) $30/hour Lois Levy (Art Journaling) $30/hour Island's End Golf Course (Golf Lessons) $100/person Rosemary Martilotta (Hatha & Chair Yoga) $44/class Judy McCleery (Social Media) $30/hour Kate McDowell (Tennis) $30/hour Linda Nemeth (Watercolor) $30/hour Henry Pesce (Pickleball 102) $30/hour Dr. Jeff Poplarski (Golf Fitness) $65/class R&C Agency (Defensive Driving) $30/person R&C Agency (CPR) $55/person Grace Rowan (Senior Fitness Classes, Tai Chi, Qi Gong) $30/hour Laurie Short (Strength Trifecta & Cardio Strength) $30/hour Steve Smith (Weight Training) $90/person Alfonso Triggiani (Ballroom Dancing) $70/person Kerri Zablotny (Little Scholars/Toddler Time) $30/hour Huck Hirsch (Mah Jongg) $30/hour Kyleen Vernon (Reiki) $40/hour Liam Walker (Adult Basketball) $25/hour Liam Walker (Youth Basketball) $30/hour Southold Town Board Regular Meeting August 13, 2019 page 13 ✓Vote Record-Resolution RES-2019-717 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes%Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizto Jr Mover Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hg�vys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-718 CATEGORY. Employment-Town DEPARTIVENT. Accounting Amend Resolution Number 2019-696 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2019-696 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Shatina Jayne to the position of Adult Day Care Program Supervisor for the Human Resource Center, effective September 9, 2019, at a rate of$54,336.06 per annum, pending background search completion. ✓Vote Record-Resolution RES-2019-718 Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn Tames Dimzio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Q ❑ ❑ ❑ ❑ Supt Hgcvys Appt Scott A Russell Voter Q ❑ ❑ ❑ ❑ No Action ❑ Lost Southold Town Board Regular Meeting August 13, 2019 page 14 2019-719 CATEGORY.• Authorize to Bid DEPARTMEA7. Engineering Purchase 2700°K LED Street Lights RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the purchase of 2700°K LED street lights. ✓Vote Record-Resolution RES-2019-719 * Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover ID ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 2 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 2 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action J ❑ Lost Comment regarding resolution 719 SUPERVISOR RUSSELL: Just a point of clarification, that is actually part of a project as we look to upgrade all of the town street lights to more efficient lighting. 2019-720 CATEGORY. Refund DE,P_4RTAIEAIT. Accounting Refund Rental Permit Fee-Stavola RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of, $200.00 to David Stavola, 42 Ross Drive, Yorktown Heights,NY 10598 for payment of a Rental Permit that was not needed. ✓Vote Record-Resolution RES-2019-720 2 Adopted Yes/Aye _ No/Nay Abstain Absent ❑ Adopted as Amended James Dm¢io Jr Voter D El ❑ ❑ Defeated ❑ Tabled William P Ruland Voter R1 ❑ ❑ ❑ ❑ Withdrawn Till Doherty Voter EJ ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ r Southold Town Board Regular Meeting August 13, 2019 page 15 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-721 CATEGORY• Property Acquisition Public Hearing DEPARTMENT. Land Preservation PH 8/27- 7:00 Pm FI Utility Co RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, August 27, 2019„at 7:00 pm, Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the purchase of open space fee title on property owned by Fishers Island Utility Company, Inc. Said property is identified as SCTM 41000-3.-7-3. The address is No #East End Road, Fishers Island,New York, and is located on Middle Farm Pond at the easterly end of Fishers Island, in the R-120 zoning district. The proposed acquisition is for fee title of the undeveloped parcel that is 5.4± acres. The property has been offered for sale to the Town of Southold as open space vacant land. The purchase price is $480,000.00 (four hundred eighty thousand dollars). The property will be acquired using Community Preservation Funds. The property is listed on the Community Preservation Project Plan List of Eligible Parcels for the purpose of establishing parks, nature preserves, or recreation areas and watershed protection. The Town is acquiring the property for open space purposes including passive recreation, wetland and watershed protection. Proposed uses for the property may include the establishment of a passive recreational trail. The Town of Southold may enter into a License Agreement with the Henry L. Ferguson Museum Land Trust for the Land Trust to steward the property for open space purposes. All uses will be subject to a Town Management Plan that will be developed for this property. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5. One (1) Sanitary Flow Credit may be available for transfer from the property upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex; 54375 r Southold Town Board Regular Meeting August 13, 2019 page 16 Route 25, Southold, New York, and may be examined by any interested person during business hours. ✓Vote Record-Resolution RES-2019-721 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dmizio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Roland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-722 CATEGORY. Ratify Fishers Island Reso. DEPARTMENT. Fishers Island Ferry District FIFD 4/29/19 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 April 29, 2019, as follows: FIFD resolution# Regarding J 2019 067 Hangar Project Agreement ✓Vote Record-Resolution RES-2019-722 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Tames Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter - 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 13, 2019 page 17 2019-723 CATEGORY. Employment-Town DEPARTMENT: Accounting Appoint Christine Foster Personnel Assistant WHEREAS Suffolk County Department of Civil Service notified the Town of Southold on July, 31, 2019 that position#03-03-0010 was being reclassified to Personnel Assistant, be it RESOLVED that the Town Board of the Town of Southold hereby appoints Christine Foster to the position of Personnel Assistant effective July 31, 2019, at a salary of$70,268.00 per annum. ✓Vote Record-Resolution RES-2019-723 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn Tames Dmizio Jr Voter C ❑ Ii ❑ 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 IZI ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-724 CATEGORY. Refund DEPART VENT.• Town Attorney Refund of CPF 40-5-1.37 RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund (from Account#CM.1189.10)to Tammie Ann Martinez and Pablo Ananias Martinez Juarez from the Town of Southold in the amount of$5,100.00 in connection with the payment of the Community Preservation Fund tax on property in Southold (SCTM #1000-40-5-1.37) purchased by Tammie Ann Martinez and Pablo Ananias Martinez Juarez on July 26, 2018, as the transaction is exempt from the CPF tax. ✓Vote Record-Resolution RES-2019-724 IZ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended lames Dmizio Ir Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 2 ❑ ❑ ❑ 0 Tabled Jill Doherty Voter 0 0 ❑ 0 Southold Town Board Regular Meeting August 13, 2019 page 18 ❑ Withdrawn Robert Ghosio Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder Rl ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A Russell Voter Rl ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt, ❑ No Action ❑ Lost 2019-725 CATE.GOR Y. Local Law Public Hearing DEPAI,TALENT.• Town Attorney Set PH 9/24/19- 7:00 Pm 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 Updatinlz ElijZible Parcel List of the Community Preservation Prosect Plan" 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 24th day of September, 2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Updating the Community Preservation Profect 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, Mature preserves or recreational areas Southold Town Board Regular Meeting August 13, 2019 page 19 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. 9-20161 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 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-2019-725 Rl Adopted ❑ Adopted as Amended ❑ Defeated ' Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dimzio Jr Voter ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 21 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost VI. Public Hearings 1. 9:00 AM Coastal Erosion Appeal-Bashian Councilman Ghosio 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 Board Regular Meeting August 13, 2019 page 20 Southold Town Meeting Hall, 53095 Main Road, Southold,New York upon application of 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"x 18"x 18") 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 (30) days prior to such hearing and to notify the applicant by first class mail. Supervisor Russell SUPERVISOR RUSSELL: I am going to open the floor for public comment. Gary Moses SCOTT MOSES: Scott Moses, Bulkhead Permits by Gary. GARY MOSES: Gary Moses, Bulkhead Permits by Gary. TOWN ATTORNEY DUFFY: I think the last time you were here you were looking to get access from the County, for the county property to access the subject property where you want to do the work? Have you had any luck with that? MR. MOSES: Yes. COUNCILMAN GHOSIO: What was the progress? MR. MOSES: The county representative wasn't available for a week, that's in charge. He's available now but he's not available, they go out on calls or whatever. We spoke to the Commissioners office last night, they said they didn't have a problem with approving this. We tried, they tried to get it to us by the end of the workday, they couldn't. We'll probably get it today, we can fax it over to you. Sometime during the day. Inaudible. SUPERVISOR RUSSELL: Where there any other issues or concerns raised at the last meeting? Southold Town Board Regular Meeting August 13, 2019 page 21 TOWN ATTORNEY DUFFY: Just in terms of, about the ability of people walking under the deck... SUPERVISOR RUSSELL: Yes, cantilever over the bulkhead, over the deck. MR. MOSES: What happens with that is the Board of Trustees makes you pull back the bulkhead to be five feet from the structure. Of course it's five feet from the structure at one point. What is going to happen is that during storm tides the water is going to hit the house by the design that the Board of trustees recommended. I went over it with my engineer, he agreed to approve it but it really isn't a good idea. Where the cantilever is now, there are piles there that will act as a natural break. If we remove the cantilever every single spring tide, every single storm tide will hit the structure of the house and we'll be right back here, probably after a year. The original structure that the board approved was substandard and that's why it failed. Inaudible. Most of the towns wouldn't have approved that, would have insisted on some type of cross tie, when you put a cross tie on pilings, it makes it like the rock of Gibraltor. With 3/4 inch tie rods what happened when storm tides hit that structure, the pilings came back and bent the tie rods. That's what caused the fail. I wrote these comments to the applicant's insurance company, that that should never have been approved by the board. The structures you are approving now, what you are demanding, is worse. What happened was we have already been directed to pull this, the deck back four feet and pull the bulkhead back to almost five feet from the structure. It really isn't a good idea. The application agreed to it just to expedite it but if you mandate that, it's going to be a major problem in my opinion. I have been doing this for 20 years. And prior to this I was a police lieutenant in the NYPD harbor unit and I used to approve these for major projects. Like I used to approve these for major projects, like bridges and dredging projects so I have a lot of experience in this and it really isn't a good idea to do what you are recommending. COUNCILMAN GHOSIO: So basically what you are saying is if you do what is being approved currently which MR. MOSES: Inaudible. TOWN ATTORNEY DUFFY: Just to be clear, this Board hasn't approved anything or directing anything, that was the Board of Trustees. MR. MOSES: Correct. But now you've got what you guys are doing, you're making us pull it back further and structurally it's a really bad idea. SUPERVISOR RUSSELL: In the interest of clarity, we didn't make you do anything but raise what we think are important questions and those questions needed answers. We didn't make,'we didn't suggest, we didn't make a decision of any kind. MR. MOSES: Right. But the way the Board of Trustees presented it, it was, you know, that wouldn't been approved unless we didn't comply with their directions but in an effort to expedite it, we went along with it. Southold Town Board Regular Meeting August 13, 2019 page 22 SUPERVISOR RUSSELL: I can't speak to the intent or the perceptions of another board, they' are an entirely different independent board, they are not the Town Board. We have no authority to direct their decision making and they certainly have no ability to anticipate ours. MR. MOSES: Well, that's fine but just for the record,that's my opinion. COUNCILWOMAN DOHERTY: So let me ask you a question, do you want us to move ahead with this or do you want to go back to the Trustees and reapply? MR. MOSES: Absolutely no., COUNCILWOMAN DOHERTY: Okay. MR. MOSES: We want to get it built, we want to repair the house, right now it's really not livable. Just to move ahead with it then.' COUNCILWOMAN DOHERTY: So you're saying.... MR. MOSES: Absolutely no. COUNCILWOMAN DOHERTY: Okay. MR. MOSES: We want to get it built, we want to repair the house, right now it's really not livable. Just to move ahead with it then. COUNCILWOMAN DOHERTY: So you're saying.... MR. MOSES: I think we can cross tie and we can live with what we have. COUNCILWOMAN DOHERTY: So in your description to the Trustees, you are cross tying it? MR. MOSES: We are going to cross tie, yeah) COUNCILWOMAN DOHERTY: Okay. MR.,MOSES: It has to be cross tied. if you got to the entrance, everything is cross tied. COUNCILWOMAN DOHERTY: I understand that but I am just asking, you are okay as long as you cross tie it, is what the Trustees (inaudible) a wetland permit. MR. MOSES: We are okay with this but the cantilevers are the problem. COUNCILWOMAN DOHERTY: Okay. Let me ask you this, when you cantilever the deck over the bulkhead what is the distance between the beach and the bottom of the deck? Southold Town Board Regular Meeting August 13, 2019 page 23 MR. MOSES: Well, originally it was 14 feet but now we have it at (inaudible) probably like i said, five feet at one point. From the actual structure... COUNCILWOMAN DOHERTY: No, in the height. Inaudible. From ground level... MR. MOSES: Oh, it's eight or,nine feet. COUNCILWOMAN DOHERTY: Eight feet, so somebody could potentially walk under it at low tide. MR. MOSES: It would depend on the tide. COUNCILWOMAN DOHERTY: Yes, at low tide. MR. MOSES: At low tide you can walk under it. COUNCILWOMAN DOHERTY: Okay. Thank you. SUPERVISOR RUSSELL: You had described the necessity from an engineering perspective, of course, if you didn't go out that far with the deck everything you said is kind of moot at this point. MR. MOSES: The piles act as a natural break, you know just like plants (inaudible) without the natural break, I think it's going to be an issue. SUPERVISOR RUSSELL: And just with regard to the structural integrity of the house, the dwelling itself... MR. MOSES: The structure, the integrity of the house, especially with as far back as you want the bulkhead pulled. COUNCILWOMAN DOHERTY: As the Trustees want the bulkhead. MR. MOSES: Correct. SUPERVISOR RUSSELL: An elevated deck is necessary for the protection of the house is what you are saying? MR. MOSES: I think that the higher the piles, the better the wave break is going to be. COUNCILMAN GHOSIO: I am just a little bit concerned to think that with the first statement that you made that you know, you didn't feel that this was going to be very productive or even sufficient to protect it to begin with. MR. MOSES: Inaudible. Southold Town Board Regular Meeting August 13, 2019 page 24 COUNCILMAN GHOSIO: Why would you, in good conscience, relinquish to a suggestion that you don't think is going to work? MR. MOSES: Well, like I said, my engineer said he would live with it but it would have been better to pull it out (inaudible) leave it where it was. What they wanted us to do was run cross tie and tie into both bulkheads you know, but if we were to tie it in (inaudible) but structurally it would have been better. COUNCILWOMAN DOHERTY: Your engineer feels that the way that it is designed now... MR. MOSES: He can live with it but not less. COUNCILWOMAN DOHERTY: So when you say live with it, he feels that engineer wise... MR MOSES: He signed off on it. COUNCILWOMAN DOHERTY: Okay. COUNCILMAN GHOSIO: But doesn't think it's sufficient. MR. MOSES: But does think it's sufficient, right but it would be better if the bulkhead was further back. COUNCILMAN DINIZIO: May I ask a question? MR. MOSES: Sure. COUNCILMAN DINIZIO: I am a little confused as to the piece of paper you are holding in your hand, does that match exactly what the Trustees approved? MR. MOSES: Yes. COUNCILMAN DINIZIO: Okay, so, in the end you can live with what's there? MR. MOSES: Correct. COUNCILMAN DINIZIO: And you are about 8 feet, the water is not there. MR. MOSES: It's five feet in one section. COUNCILWOMAN DOHERTY: The height. COUNCILMAN DINIZIO: Height. Inaudible. Southold Town Board Regular Meeting August 13, 2019 page 25 MR. MOSES: You still have tidal issues... COUNCILWOMAN DOHERTY: We understand that. MR. MOSES: Inaudible. COUNCILMAN DINIZIO: Well,people want to have that right... MR. MOSES: Well, they can walk by, it's really not an issue. COUNCILMAN DINIZIO: One more thing, you will be able to do this if the county allows you to go on their land? MR. MOSES: It's never been a problem with the county, I mean, I've never had a problem with any structure (inaudible) it's never been a problem. COUNCILMAN DINIZIO: Personally I just, I just, the last meeting kind of took me, I just kind of got upset that that plan wasn't made, that no permission was asked, you have this project, how are you going to get it done? MR. MOSES: Right. I mean, how can we ask for something that we don't know is going to be approved or not? Tell Suffolk County we want to build this thing but we don't know if they'll let us build it? I mean to me that doesn't make sense. COUNCILMAN DINIZIO: Well, no but you are telling your customer you want to build it but you don't know how you are going to build it. MR. MOSES: Inaudible. COUNCILMAN DINIZIO: We know that, now we know, you are well aware that you can build that as long as you get permission from the... MR. MOSES: Stipulation of the permit, no problem. COUNCILMAN DINIZIO: Right. Okay. That's all I, I just didn't see the plan. MR. MOSES: Right. COUNCILMAN DINIZIO: ,Unless you are going, trespassing on somebody else's property on how you were going to accomplish that. After you were asked if you could bring a barge in, you said no... MR. MOSES: What you would do is you would jet drive it in and you would bang it in. That's a pretty standard installation. It's very common installation. It's typical. You don't really need a Southold Town Board Regular Meeting August 13, 2019 page 26 barge, you don't get the swing and you would never get the depth. A barge would get stuck on the beach at low tide. And the swing on the boom is probably going to be about 50 feet. COUNCILMAN,DINIZIO: We don't know that. _ MR. MOSES: Right. - COUNCILMAN DINIZIO: That's why we ask you this first. MR. MOSES: That's why I came today. I assure you, the integrity of this will be fine, the contractor is licensed and insured. We have dealt with him numerous times, it wasn't an issue. I went through his work, it wasn't an issue. COUNCILWOMAN DOHERTY: Who is the contractor? MR. MOSES: Inaudible. COUNCILMAN DINIZIO: And just another,statement you made, this is going to last awhile? MR. MOSES: It's a 30 year application. It's already been approved by the DEC, the Army Corps of Engineers, the Department of State, if it's not a 30 year,application they won't approve it. COUNCILMAN DINIZIO: Thank you. SUPERVISOR RUSSELL: Is there a sense from this Board that you want to close this hearing? COUNCILWOMAN DOHERTY: I don't have any further questions. Supervisor Russell SUPERVISOR RUSSELL: Can I get a motion to close this hearing? 2. 9:00 AM"Coastal Erosion Hazard Appeal-Young Councilman Ghosio COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold will hold a Public Hearing on Tuesday, August 13, 2019 at 9:00 A.M. at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York upon application of the Coastal , Erosion Hazard Board .of Review Appeal of Donald W. Young Rev. Trust & Kelly C. Young ' Rev. Trust which seeks relief from Chapter 111, Section 111-11 C and Chapterl 11-6 to construct a 200+/-ft. x 4 ft. wide fixed wood pile and timber pier including three tie-off piles with tide slides, rails, grate decking and water/electric utilities, of which 172+/-ft. is waterward of the apparent High Water Line. The 200+/-ft is including the 28+/- ft. fixed ramp; and as depicted on the revised site plan prepared by Docko, Inc., received on June 27, 2019 and stamped approved on June 28, 2019 within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000-3-2-2 off East End Road, Fishers Island New York, and directs the Town Southold Town Board Regular Meeting August 13, 2019 page 27 Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. We have copies of the certified mailing receipts of the notices that were mailed out, we do have a notarized affidavit that this hearing has been noticed in the Suffolk Times, as well as the Town Clerk's office and bulletin board. That's all I have. Supervisor Russell SUPERVISOR RUSSELL: Who would like to address the Town Board on this? Keith Neilson KEITH NEILSON: Hi, my name is Keith Neilson, with Docko, Incorporated. I prepared the application documents you have before you as well as well as various applications for this project. We have been working on this project for just over two years, for Mr. Young and we have obtained permits from the US Army Corps of Engineers, we have a current statement from the NY Department of State, we are in the final stages with the DEC at this point and we have received tidal wetlands permit from the Board of Trustees. The variance we are requesting is stipulated in chapter 111 because the structure is greater than 200 square feet and it is not removable. In the application, documents have gone into considerable dissertation about why the structure cannot be removable and still retain structural integrity for the climatic conditions that it is.exposed to and if you have any questions about that, I would be happy to answer them. The reason for the gross area being more than 200 square feet is because in the process of meeting the permitting standards of the Corps of Engineers and the DEC where they stipulate water depths and minimizing bottom disturbances due to propeller activity and so on during the maneuvering of boats, we have to get out to a depth of about four feet. It is one of the DEC standards and in this case, we have a rather unusual situation because there is eel grass out only 100 feet off shore but in the location of the dock that we had selected, there is no eel grass. We have some photographic documentation for the Board, if you like I will give it to you right now, you can take a look at it. It's unusual but over the last ten years or nine years that we have been looking at this site, this particular area where we propose the dock to be has been devoid of eelgrass vegetation. If you need a third set of photographs, I have got one here for you. The photographs started off showing the house in the shore front from a distance of 200-300 feet off shore looking in the southwesterly direction, if you go to the second photograph you'll see our survey boat tied up and just to the upper left of the survey boat you'll see a void in the eelgrass. And this is where the dock is proposed to land, I should say where the head of the pier will be located. About the 4th photograph down into the set, I have sketched on with an orange line the alignment and extent of the dock and shown the extent of the eelgrass and the difference of vegetation in the dock area which is algae, a fibrous algae and sea lettuce and then eelgrass again on the right side of the dock face, east side. The photographs pretty well verify what we have documented in our survey consistently during the permitting process. To go over some of the provisions that chapter 111 states, chapter III's primary purpose is to make sure that no structures are built that would induce or cause or make worse property damage or cause life threatening situations to exist. The chapter 111 requires that whatever is being built is only for pedestrian access, for boating in this case, that the dock is, in the zoning regulations, is an allowable accessory for this home and the Trustees have approved the tidal wetlands permit Southold Town Board Regular Meeting August 13, 2019 page 28 based on accessory use. The dock is necessary to 'span resources and to reach a permittable deck for the other permitting agencies. It cannot be removable for the reasons I gave in the application document that in order to hold fast in typical conditions of waves that can reach up to three feet, the dock has to have a fairly stout pile driven support system. In this case they will be either southern yellow pine or green rock piles that will be driven to 15 feet of embedment so that they cannot be pulled out by storms and if we use green rock piles which I think that we will have to do because of the rocky nature of the sub-stratus, that these piles will be there for well over 30 years. The dock requires a shore front location which is a stipulation of chapter 117, it will not cause erosion by design. The contact area of the 50 or so piles that we will utilize is less than 40 square feet, it will be class B (inaudible) piles and their cross sectional area is just under a square foot at the point of ground contact. And we have done everything that we can to locate this dock facility in an area that will minimize adverse environmental impact. If you look at the plans, you will see that the dock, the pier, point of origin is back here in the heavy overgrowth which is along the shore. That's a natural riparian buffer, not necessarily native non-invasive plants, so there's a lot of them there keeping the erosion protection that is desirable for the shore front. It crosses over the tidal wetlands at the area where the'wetlands outer fringe is nearest to shore, so our wetlands crossing is minimized. It is out over open water, in rocky, in an area of rocky bottom sediment for most of its alignment and then it goes off on an angle, it dog legs to the I north between two large rocks that are prominent in the photographs you have there and extends out to short of the end of this natural void in eelgrass vegetation. The vegetation that you see in this area in the photographs is this fibrous algae,and there's this picture of the fibrous algae on the deck of the boat further down in the collection of photographs. We are anticipating that all of these piles will be driven. When we get back to the shoreline end of the structure, it is possible that rather than bringing in a land crane we would be bringing in either an excavator with a migratory hammer or we may have to auger those posts in. Because they are not in the direct wave break zone, the structural integrity factor is not as key as it is out in the open water. From the plan you can see that we have minimized our impact on the area, if I can just refer to a separate photograph that I had enlarged but unfortunately the quality of the photograph is not as great as the one you have in front of you but it shows the point of origin of the pier just above the tidal wetlands going through the rocky shorefront out to a point where the pier bends and goes out to the farthest north most extent. This creates.an area where a boat can align and maneuver and berth. The piles for berthing are only on the west side, we are not putting in the piles on the east side,just on the west side to minimize encroachment to or anywhere near eelgrass. But we have achieved the minimum vegetative and resource disturbance possible and all the permitting agencies agree with that. Another element of the regulation of the law is that we (inaudible) nesting bird habitats and in the dozen or so times that I have been to this site, I have not witnessed nesting birds. I know that primarily we are thinking of terns and plovers in these regulations, we are not dealing with the whole meadow variety of birds but regardless, this is not a suitable spot for plover's or terns as well. We are not changing geographical features, there is a reasonable likelihood that the pile intervals will not be the nice, uniform ten feet that we have shown on the drawings because physically -we are getting to areas of heavy boulder concentrations, we have to put the piles where we can drive them and modify the framing to suit that pile location. There,are no alternative sites for this structure. Our application drawings show the rather limited frontage of the Young home, the yellow line that I have emphasized on my drawing and cuts across the front of tidal wetlands on the westerly side is their beach that exists Southold Town Board Regular Meeting August 13, 2019 page 29 over to the east of this site as part of the Ferguson Museum conservation area, it's open to the public and in our discussions with representatives we were not offered any kind of latitude to put the dock over on the east side of the point. And so we left it with the area that is under the control of the Youngs and your permitting agencies. At this point we do have the US Army Corps of Engineers permit, which includes the signoff from the National Marine Fishery Service, EPA and US Fish and Wildlife Service, all of whom are concerned with the protection of eelgrass and they publish standards for the protection of vegetative resources and those are now shown on the drawings. For instance, the nine foot deck elevation for the first two thirds of the pier is in order to make sure the shading impacts of the pier are minimized on the tidal wetlands and even the barren shallow inter-tidal zone. Once we get an active sub tidal zone, the pier starts to slope down to the landing at the end and this is to maintain approximately an eight foot separation between the other side of the pier and bottom sediments. The water reaches the depth of four to five feet at the end of the pier. We have a level landing at about elevation 5.5 for the last 20 feet of the pier except at the last five feet of the pier is now at elevation 3.5 and that is to allow low water access for boat drifting from this structure. The time of year restrictions we were anticipating are building between October and April, minimum height is as I mentioned five feet above mean high water or eight feet above the sediment, maximum width four feet. Use of through flow decking which we have utilized for the full length of the pier and avoiding any floating dock. That was the most recent negotiating point with the DEC and the owner finally agreed to it which was what led us to submitting everything to the Board of Trustees two months ago. There will be no roadway to the dock or dock facilities, there is no vehicle traffic. There will be no interference of this dock facility with public access and the access to the pier by the Young family will be by their lawn. That covers the technical and legal aspects of the variance request. Again, 200 square feet is not achievable, a 200 square foot footprint would be 50 feet long and four feet wide, and we can't reach the desired depth to get past the boulder field and so on with that type of pier, so we have to exceed the 200 square feet. In order to make the pier suitable for this location, we have to drive piles of considerable depth to maintain variance stability and pull out stability and so we cannot make the removable. If we would have to remove it every year, it would destabilize the sediments to the point that future pile bearing strength would be jeopardized. I would be happy to answer any questions or review the photographs in detail if you would like. COUNCILWOMAN DOHERTY: I have a few comments, first of all, thank you for the pictures because we just recently received a letter yesterday suggesting that possibly moving the dock over to the east to mitigate going over eelgrass and they gave us a black and white picture, so your pictures have proven to me that that's not the most viable place to mitigate it and my other questions were you know, you are using the floats for decking which you, and the height so the natural sunlight will reach it at most parts of the day and then you answered my other question, at the end of the dock is still within the lines, the extended lines of the property. So that's really the questions I had and you answered them, so thank you for the pictures and all that. So that would be my concerns. The eelgrass in that area over the years has you know, diminished but it's been a place 'where a study, as you know Chris Pickerell has studied there and to test the eelgrass and I think you have done a great job of trying to mitigate that and getting away from that. Southold Town Board Regular Meeting August 13, 2019 page 30 SUPERVISOR RUSSELL: This isn't a replacement in kind? There is no history of a deck there? MR. NEILSON: Well, there is a history. Not recent. I suspect that part of the reason for the profusion of boulders out here is that in the late 20's and through the 1930's there was a pretty substantial dock there. It was, at least the end of it was a crypt built timber structure with stone and although some of these stones are so big I don't know how they would have moved them into the crypt structure but there was a structure here for at least 15 years before the hurricane of'38 and my understanding is there has not been a dock there since then. SUPERVISOR RUSSELL: And this extends considerably longer than I guess there's some existing docks in the area, this extends out considerably longer than those? MR. NEILSON: It is about 50 feet longer than the Calhoun dock. It's closer to the length of (inaudible). SUPERVISOR RUSSELL: I am sorry? MR. NEILSON: There's another dock about 1/4 of a mile to the west of this that's almost 200 feet. SUPERVISOR RUSSELL: And there's no history on this? MR. NEILSON: We would not have, our objective was to try to reach the most navigable water that was consistent with the permitting guidelines that are in effect. The DEC actually states in their policy that they would like to get to four feet of water to ensure that there's no future requirement for dredging and so we reach that in this application. It gets to five feet of depth about another 20 feet out and so felt that this was the maximum practicable length that would achieve DEC standards and avoid the propeller backwash disturbances of bottom sediments, so it is environmentally what the studies are requesting. SUPERVISOR RUSSELL: I am looking at the schematic and I have to presume the scale, I don't see another dock here that's even close to this one. Yes, the location of the docks but the extension out into the water. MR. NEILSON: This one is longer than the others, you are right. SUPERVISOR RUSSELL: And the Ferguson Museum holds that property (inaudible). MR. NEILSON: It's the Ferguson Museum, yes, it's conservation, it's public access to the beach. SUPERVISOR RUSSELL: Yes,that's what I thought. MR. NEILSON: They have a little kayak rack with paddle boards and such stored on the beach for the use of the public. Southold Town Board Regular Meeting August 13, 2019 page 31 COUNCILWOMAN DOHERTY: It doesn't seem like this dock would interfere with that. MR.NEILSON: It will not. SUPERVISOR RUSSELL: Which direction does it go? COUNCILWOMAN DOHERTY: It goes to the west and the Ferguson beach is to the east. SUPERVISOR RUSSELL: Yes but when you get out into the water you can go east or west. COUNCILWOMAN DOHERTY: I know, but that's what I am saying, the way it's curved you can still go out. INAUDIBLE COMMENTS SUPERVISOR RUSSELL: I don't know if there are any other questions from the Board? COUNCILWOMAN DOHERTY: Well, we just got this letter yesterday, if you want I can speak to the Board of Trustees to ask them, what their opinion is with the eelgrass and just ask them how they (inaudible). SUPERVISOR RUSSELL: I think that the position of the Trustees should be part of the public record. MR. NEILSON: Can I just speak to that briefly? This same objection was raised during the Trustees proceedings and the eelgrass study that was conducted around Fishers Island two years ago was included and a stipulation in the request was to move the dock over but if I can just direct your attention to the characteristics that we have surveyed which show up in your photographs, the eelgrass bed comes in from the west and deviates out into the open water and then it comes back down along the east and comes fairly close to shore. This duck blind here is the mean low water line. In order for us to get a dock in this area and not get the eelgrass, there's not a lot of room and the property line is right there. So if we go outside of that, to the east of that, we are in front of the Ferguson property where we would be creating more of an impact on the public access issues but the proximity of the eelgrass close to the mean low water lines here creates a zone where we really cannot feasibly put a dock. And there are boulders in this area. Our surveys are pretty specific and we pick up all the boulders that are going to be navigational impediments or access impediments for the dock and there are a lot of them in this area and so where we have placed the dock gets out beyond most of the boulders. We build over some of the boulders so they would not be impediments to the launching of the boat and we stopped short of the eelgrass. If we put that dock over where Mr. (inaudible) had originally requested, it would have been right there and even 50 feet shorter, you can see is still going to be 50 feet of encroachment over the eelgrass. So moving the dock to the east is not a viable consideration. SUPERVISOR RUSSELL: Okay. So I am just going to say for the record, the coastal erosion hazard mitigation line was established for a purpose, the stated purpose which was to stop Southold Town Board Regular Meeting August 13, 2019 page 32 construction in those high hazard areas. And we have had a history, for good or bad of if you have it you can keep it but if you don't or,never had it, then that requires far more serious consideration on my part, so we can close the hearing based on the will of the Board but I am going to need some time. COUNCILMAN DINIZIO: Can I make a comment on this, Scott, I couldn't agree with you more and I don't understand why we are even wasting time on (inaudible). That's the only place in Southold Town that has eelgrass, the only place and I don't quite understand why you would even consider putting a structure near it, anywhere near that spot. It doesn't make any environmental sense to me at all. I mean, I get it that you are trying to slip it in near a little canal but quite honestly, I don't understand why the DEC or the Trustees or even anybody would even consider this application. I mean, that's my personal opinion. I am not a, I am very property rights person quite honestly but why we are even considering this I don't know. COUNCILMAN GHOSIO: I have to agree. Having been a Trustee as many years as I was and you and I know each other from those days, I always find your reasoning and presentation to be very professional and I understand the points that you are making. I have to agree that one of the reasons the coastal erosion hazard law is there is to prevent this kind of structure, building in a coastal erosion hazard area. It would be one thing if we were discussing replacing something that had been there for a long time, needing upkeep, knowing that area and the eelgrass 'issues that we have had in town at least the last 20-30 years, I am kind of(inaudible) by the fact we would consider allowing this (inaudible) in this zone. SUPERVISOR RUSSELL: Also the issue isn't where the eelgrass is, it's also where the eelgrass might be someday. The goals of all these environmental agencies is to expand the eelgrass beds, not to simply avoid them. MR. NEILSON: Can I say something? SUPERVISOR RUSSELL: Yes. MR. NEILSON: We have been looking at this site since 2010 and this void in the eelgrass has been there consistently since that time and you can see it on google photographs which are taken from considerable distance and it is, it's not like it's a featureless area but there is no eelgrass in that area. And the, what we were asked to do was put in or see if there a dock that could exist here compatibly with the eelgrass beds and we have done that. We put it in the area that as far as our records show has not been habitat for eelgrass. So with that as a starting point and if we are trying to provide public access, recreational boating access and we can meet all of those parameters, which is what we have demonstrated through the (inaudible) that we have gotten so far, we don't believe that there is a detriment to any of the resources or vegetation or animal or geological as a result of what we have done here. Supervisor Russell SUPERVISOR RUSSELL: Is there anybody else that would like to address, either the Board or a member of the audience? (No response) Southold Town Board Regular Meeting August 13, 2019 page 33 i Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 3. PH 8/13/19- 4:30 PM 675 Skipper Lane, Orient COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board of the Town of Southold at the Southold Town Hall, 53095 Main Road, Southold,New York on Tuesday, August 13, 2019 at 4:30 P.M. upon the Appeal Review Application of Louis Potters and Lenore Brancato, who pursuant to Section,170-11 of the Southold Town Code, seek relief from the Historic Preservation Commission's Denial of a Certificate�of Appropriateness for the demolition of the existing structure and reconstruction of a conforming single-family residence on property on parcel SCTM# 1000-24-2-1 located at 675 Skippers Lane, Orient,New York, and directs the Town Clerk to publish notice of such appeal in the Suffolk Times newspaper not less than ten (10) days nor more than thirty (30) days prior to such hearing and to notify the applicant by first class mail. I do have a notarized affidavit that this has been noticed by the Town Clerk's Office on the bulletin board and on the Town website and also a signed and notarized affidavit that this has been published in the Suffolk Times. Aside from that, most of the file is in laserfiche on the Town's website. RESULT: CLOSED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Supervisor Russell SUPERVISOR RUSSELL: Okay, just before we start taking comment, this public hearing is actually the obligation of the Town Board to make its decision based on the facts as they were presented at the Historic Preservation Commission hearing, however, everybody has a right to be heard particularly,if your references as part of the discussion that took place during that hearing. Who would like to address the Town Board first? Martin Finnegan MARTIN FINNEGAN: Good evening, Martin Finnegan, Twomey; Latham et al, 56340 Main Road Southold. I am joined here by my clients, Louis Potters and Lenore Brancato, the owners of the property at 675 'Skippers Lane in Orient. I note at the outset here that this is the third public hearing that my clients, have had to attend since they applied for a certificate of appropriateness to demolish the existing house on their property. 'We say existing house because we can't call it their home yet because they have never actually lived in it, it is uninhabitable in its current condition and over the course of the Historic Preservation commission's 11 month review of their application, Dr's Potters and Brancato had'extensive environmental testing done Southold Town Board Regular Meeting August 13, 2019 page 34 which confirmed that the house is riddled with mold, asbestos, lead. They hired two engineers who confirmed that the renovation of the existing structure is not feasible and the written reports of their findings were submitted for the record, although I believe the Town Board has them for review. There are also photographs included in the power point presentation. So there in the record (inaudible) for the purposes'of the presentation, we would bring out the photographs that depict essentially the deplorable condition of the house as it stands today. So despite the submission of uncontroverted expert testimony and reports confirming that the existing structure is uninhabitable, toxic, structurally unsound and devoid of any significant historical or architectural elements, after five works sessions and two. public hearings, the HPC issued a general denial of the requested certificate of appropriateness for demolition. We submit that their determination was based on the misapplication of the relevant criteria chapter 170 of the town code and could not be substantiated by the record that was before them. The HPC determined that the since the property lies within the boundaries of the historic district and that a portion of the original house was constructed 100 years ago, it could not be demolished. And this appeal followed. So just a few details about the property itself. The subject property consists of a 13,817 square foot parcel located at the corner of Skippers Lane and Harbor River Road, it is bordered to the south by Poquatuck Park. The property is improved with an 1,880 square foot one and a half story wood frame residence and garage, the'property was originally owned by a fisherman named (inaudible) who built a small cottage there, in and around 1918. In 1938, the property was sold to the Van Nostrand family and substantially altered the home in 1957 with the one story gabled roof addition and dormers. The interior surfaces of the house, including the roof and siding were all altered over the years from the original construction as well as interior renovations. So despite the age and location, the records or any evidence of historic design elements related to this structure, it was not photographed or even acknowledged in the Orient Historic Societies publication, Historic Orient Village. And it was apparently deemed contributing solely by virtue of existence in that historic district. Testimony from Peter Cook, the applicants architect confirmed to,the extent the original cottage had any historic features, they were over time either renovated, removed or,had disintegrated. That the house as it stands today has no architectural or craftsman like feature that one could consider historically significant or contributing over the restoration or in-kind reproduction. This is corroborated by reports and testimony from both engineers that the applicants hired Joseph Fischetti and Bob O'Brian. So the HPC sought, by way of its determination, to preserve the structure that the record confirms has no historic value. Even if the HPC could identify some component to this house besides its location, the applicants offered a substantial uncontroverted evidence for the record regarding deterioration, disrepair and lack of habitability of the existing house. I direct your attention to our memorandum of law, where I have. highlighted the list of photographic evidence, scientific data and expert testimony that was presented to the HPC over the course of their lengthy review of this application. 1 am not going to reiterate it here and I just wanted to confirm that the memorandum of law has been made a part of the record,of this proceeding. UNIDENTIFIED: Yes. MR. FINNEGAN: ' Okay, thanks John. So although the HPC reserved the right to retain an independent engineering analysis of the existing house to verify the evidence presented by the applicants regarding the condition of the house, they never did so. So the overwhelming expert Southold Town Board Regular Meeting August 13, 2019 page 35 r evidence supporting demolition presented by (inaudible) by engineers Bob O'Brian and Joe Fischetti and architect Peter Cook, remains undisputed and confirms that the interior of the existing house is infested with mold, lead and asbestos to unhealthy and uninhabitable levels. The exterior of the house is encased with asbestos, if all of the contaminated or structurally unsound component parts of the house were removed, there would be Tittle of anything else and the cost of doing so is prohibitive and would far exceed' the cost of demolishing the current house. The deplorable condition of this house is obvious from the photographs that you see before you and if you have seen the house, you can tell that it is riddled with mold and completely lacking in architectural let alone historical significance. It is unfortunate that Dr's Potters and Brancato were required to incur the expense of all of this expert analysis to substantiate the obvious. Nevertheless, the HPC denied them the certificate of appropriateness in the'absence of any actual support. The HPC based its decision on the premise that the existing house could be renovated and altered to suit the applicants' needs. But there is absolutely no evidence in the record to establish how that could happen and no realistic alternative was offered by the HPC as is required by chapter 170 of the town code. Instead, the HPC simply referred the applicants to the secretary of the interior standards for rehabilitation with no elaboration of how they were even applicable to this structure. It is respectfully submitted that the evidence presented for the record in the proceeding before the HPC conclusively established that .demolition is appropriate under the criteria set forth in section 170-8 of the code. I will not reiterate arguments that supported the contention as they are detailed in our memo of law but I want to stress a few key points that the HPC overlooked that are critical to this analysis. First, the town code does not prohibit demolition simply because the structure lies within the boundaries of a historic district. The applicant is not required to produce evidence for the record of all the criteria in section 170-9, they are simply guidelines adopted by the Town Board for the HPC to consider in its review. Although the record belies the contention that this house is a historic landmark, the Town Board legislative intent in adopting of chapter 170 was to afford proper recognition to historic landmarks and to protect them from incompatible demotion in a manner that does not affect, abridge, limits or change in any way the uses permitted by the zoning regulations as applicable to such properties. The Town Board acknowledges that in cases such as this, demolition may be appropriate. And the mere fact that a property lies in an historic district does not deprive the homeowner of its development rights under the town code. That is precisely what the HPC's determination did here. The HPC's denial of a certificate of appropriateness for demolition was based primarily on. generalizations regarding the size, character and location of the house in the historic district, it had no factual support of the record. It did not identify a single historic feature of the house that is worthy of preservation. The HPC spent more time taking the applicants to task on the proposed design of the replacement structure which is not even in their purview if demolition is deemed appropriate. The commissioners determination completely ignored scientific data and expert testimony presented for the record regarding the condition of the existing house and the testimony and documentary evidence regarding the history of prior alterations that stripped it of all of its original features. The report doesn't even mention the word mold, asbestos or lead which was a significant part of the testimony and discussion in the public hearings below. They didn't even mention it. It just completely ignores the condition of the house. So again, I direct your attention to our memorandum of law and ask that the arguments presented there be included of the record of this appeal. I also just wanted to mention that I would like to hand out a brief memorandum that Southold Town Board Regular Meeting August 13, 2019 page 36 addresses the hardship criteria in chapter 170-10 of the code to the extent that the Board could (inaudible). So although we maintain that the applicants have amply satisfied, based on the evidence, the record, the criteria set forth in 170-8 demolition here, we have also satisfied the criteria under 170-10. And in closing Dr.'s Potters and Brancato submit that the overwhelming evidence presented in the HPC record clearly establishes the appropriateness of demolition of the existing house at 657 Skippers and is therefore respectfully requested that the Town Board null and set aside the HPC's determination and grant the applicants a certificate of appropriateness for demolition. We remain available to answer any questions that the Town Board may have. Sherry Thomas SHERRY THOMAS: Good evening, I am Sherry Thomas, I am representing the Board of the Orient Association, the civic association in Orient and we will present our remarks at the end of my talking. The Orient Association,Board of Directors have several concerns about the hearing today, appealing the decision of the Historic Preservation Commission regarding 675 Skippers Lane. Our comments are as follows: the historic district in Orient is the largest in Southold Town. It was recognized both by federal and state governments since 1976 in the national register of historic places. New development and additions to existing structures are regulated primarily through the town's Historic Preservation Commission as per town code 170. The Historic Preservation Commission is a commission appointed by this Board, comprised of professionals well versed in design, construction and historic preservation principles. After many site visits and a thorough and careful review of all information about proposed changes to 675 Skippers Lane, the commission voted unanimously to reject the proposal to demolish the existing house,and replace it with a significantly larger new home. The Town Board should accept the existing record and the decision of the HPC and we emphasize that this is important to the continued protections that will be needed in the historic district in the coming years. In conclusion, the association supports the unanimous decision of the HPC, urges the Town Board to deny the appeal based on those findings. This is a crucial matter of public process and a community support for historic preservation and in Orient, and it is without comment on the merits of this particular application, we are speaking ,about the process and about how preservation needs to be taken care of in this town. Thank you. SUPERVISOR RUSSELL: Thank you. Freddie Wachsberger FREDDIE WACHSBERGER: Hi, I am Freddie Wachsberger. A former president of the Oysterponds Historical Society. It was very important to enact the town's legislation because before actual protective legislation, the historic`districts in the town were being whittled away in various ways and so it was a timely designation. And one of the legislations, one of the parts of the towns legislation specifically gives the communities response a-very important role to play in the decision. And I want to point out that the community of Orient has a long tradition of dedication to historic preservation. The society was formed in 1944 as a response to a perceived threat to the American way of life and the whole community which was then largely descendants of the original settlors participated in donating a wealth of documents and artifacts for preservation, making Orient one of the best documented communities in the country. For the centennial of 76, it took many members of the community to do the hard work at retaining historic district status. Today, although many more are incomers like me, we feel ourselves to be c, Southold Town Board Regular Meeting August 13, 2019 page 37 the stewards of this legacy, with a responsibility to preserve what remains which is why we strongly support the commission's decision to deny the tight to demolish the Skippers Lane house, which at only 100 years old is one of the latest homes in the village but very much a part of it in scale and vernacular which I think is the most important part of the necessity for its preservation or the rejection of its demolition. The larger homes in the district are on the Main Road, like the houses of whaling Captain Peter Brown and (inaudible) and the homes of wealthy farmers. But the village itself was a working village of hardworking people. Shopkeepers, tradesmen, seamen and fishermen. There was a seamstress and a shoe maker. And like today, a post office and an ice cream parlor. This was the character of the historic village. And like the Skippers Lane house, the houses and shops were modest in scale. This landmark house is a very exposed and visible location, it's a logical extension of the landscape of the village. I hope that the town will accept the unanimous decision,of the committee to reject the proposal to destroy the house and I suspect that the decision now will have an impact on the future preservation of the historic districts of the town. Thanks. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Charles Dean CHARLES DEAN: My name is Charles Dean, I lived for 23 years at 295 Village Lane. In a home built in about 1700, smack in the heart of the historic district. Orient is one.of the jewels of Southold Town, it's a special place, one of the most historically intact villages in our town. History is important to those of us who have chosen to live there. The Orient Historical Society is one of our central institutions. Its annual summer party is the social event of the year. We care about our village, its modest scale and its integrity. There are few places in America that stay as undefiled as Orient. We celebrate that and are committed to keeping over-development out of our historic district. In that effort we support the Town-of Southold Historic Preservation Commission created by this Board to ensure that the historical integrity of our village as well as that of other historic buildings and areas in Southold will be protected. This is the third public hearing that the community attended, so I have the (inaudible) and Mrs. Brancato but in two public hearings before the Historic Preservation Commission, many citizens in Orient have spoken clearly against the application to demolish the house at 675 Skippers Lane and many others have written letters to that effect. There was great relief around the village when the Historic Commission recently voted unanimously to deny the application to demolish the house at 675 Skippers Lane and then to build a much larger house that was designed as a pastiche of inappropriate architectural styles found around the village, a house without any architectural or historic integrity for it to be built. While the current owners have neglected to maintain their lawn this summer, resulting in the house looking abandoned and derelict,they have also removed, the shrubs around the house so it looks ,abandoned, it had been lived in comfortably just two years ago. There's a photo up here, recent photographs, it wasn't long ago that the house looked like this, perfectly fine. it was lived in by a family only two years ago. The house is structurally sound, which I think is the reason the HPC didn't spend the money to have another engineer check the structure because it is obviously structurally sound. There are three architects on the HPC, all three said that the house is structurally sound, it is not falling apart. And the structurally sound part is the criteria determining demolition. This house could be restored to its former glory by its present owner. This is the way the house looked in 1929, cedar-shake shingles, it is a perfectly charming historic house. This house today, Dr. Potter and Dr. Brancato Southold Town Board Regular Meeting August 13, 2019 page 38 could have removed the asbestos shingles, no one wants asbestos shingle, I mean, they are ugly, take them off,,have it shingled properly with cedar shingles,and it would be beautiful. Yes, there is lead paint, every old house has lead paint, all paint before 47 had lead, so you remove it, a lot of people have done that in Orient. You have mold, you, can remove mold. These issues of mold, asbestos and lead paint which Mr. Finnegan has been discussing where common in old houses in Orient. This is not a demolition, it is not a reason to demolish a historic house. Also, if the rooms inside are too small, they can be remodeled. You can remodel the kitchen, remodel the bath, open the spaces up. The house could really be an incredible, perfectly charming house were it to be restored and it could be restored. I urge you to support the HPC unanimous decision to deny the application of Dr.'s Potter and Brancato to demolish their house. It is not an overstatement to say that the future of our village depends on your decision. If you emasculate the HPC, there will be no institution left to prevent our beautiful, beloved Orient from being totally Hamptonized. And the, it's not just a question of tearing the house down, that's a significant part of it but what they are proposing to replace it with is out of scale with the rest of the community, it's not a historically correct house. It's unattractive and it's really too large. That's part of the denial, is the demolition, because it was one application to demolish and build, and so it wasn't just the demolition they were objecting to, the Historic Preservation Commission, it was what they wanted to rebuild where they were demolished the house. So it was a package deal where the package was denied as it should have been. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? Regina Gilson REGINA EBEL GILSON: Hi, Regina Ebel Gilson, I live on Skippers Lane directly next door to the Potters home. I am going to speak first on my behalf and Jonathan's behalf. We are excited that the Potters coming in and buying property which has been an eyesore as long as we have been in Orient. I have been in the house and it really is a disaster and I am totally supporting them building a house of you know, follow the guidelines of Southold and the villages. I am also going to read a letter from Bob and Leslie Black, who live on the park. They reside on Village Lane but their property backs up to the park and are in view of the Potters. I am a little nervous and I don't want to sound like I am a politician, I want to read this slowly. This is on behalf of Bob and Leslie Black. `Please accept this letter of endorsement to support our good neighbor, Louis Potters and family in their pursuit, presentation and efforts to build a home that is by our measure legal, aesthetic, village appropriate and fitting to be situated along our view way as we too are located on the park line just four houses east. The discussion on what is historically appropriate and how it's determined is a lengthy and seems poorly defined. Our village is actually an assemblage of structures that have been moved or relocated from many areas and even a few other towns. We site the Webb House, the Schoolhouse and our family home as just a few examples. Historical perspective or an assembly of pleasing aesthetics are just opinions. -We have found the Potters to be good stewards of this project that will beautify the area and not distract from village style aesthetics or,effect the undocumented historical insignificance. As neighbors, we have voiced concerns to'them on the initial build plan and have found that the Potters have been diligent and respectful with listening to our concerns, size and park view, and have found them willing to be flexible and adjust their designs to the neighbors, neighborhood and build style. Please permit me to further quantify our statement further as we ask you to Southold Town Board Regular Meeting August 13, 2019 page 39 approve their design and permit application. Our family has been property owners for 90 years in Orient in a house that sits on Poquatuck park four doors down from the Potters. It was our family that provided the land needed to establish the park, thus it is sacred land for us and we are ever vigilant to the aesthetics. We are full time residents and business owners on Village Lane as well, so our interest is well vested in a positive village appropriate outcome. The Potters house belonged to a relative of my wife Leslie and her childhood memories of that house run deep and for many years. We know Orient, we know the land, the park, the village and what it means to -protect and preserve all important historical significant aspects. This particular build is not one of them. It is about building an aesthetic, quality, safe and healthy structure within proper guidelines that will be part of our future community much like the assemblage of many of Orient's buildings. I have found myself before the Historic Review Board for a small deck railing replacement, documented from 1930 when built, only to be insulted, criticized and have a finding handed down by board members that included remarks by one lady that said `I just want to vote no because I can' and another gentleman that called my house `stupid' for having shutters on it even with the fact that the original build photo from 1931 showed it had shutters on it. The Historical Preservation remarks had nothing to even do with the deck railing application but were just arbitrary opinions that cost us all wasted time and money. My small deck replacement project went from $1,800 to well over $6,000 due to the lack of historical integrity and an over- abundance of redundant requests. Much was learned about how arbitrary the decision, opinion process was. I include this information as I do not want to see good, reasonable people turned away from our village and neighborhood just because the historical preservation can say no based on arbitrary opinions. We need to review the review process inputs and let the facts guide the process, not arbitrary, unqualified commentary or opinions. We don't see this as about the true historical structure and preservation. This project has been almost a year in review. - Our neighbors deserve more from you and your support. Thank you for your time and attention and allowing us to voice our support for this project.' One other comment, being a neighbor and being on the park, and talking about the size of the houses, every house in our immediate area has been the original house with an addition behind it. Every house is much larger than the original home was. If you take a look at every one along the park, they all have additions on them and beautifully done and I think the Potters intention is the same. Sarah Burnes SARAH BURNES: Sarah Burnes, I am a resident. I am actually Jonathan and Regina's neighbor, one door down. We bought our house, 435 Skippers Lane, we bought our house in the spring of 2007. We renovated it 11 years later, this past year and I just want for say if mold and lead were a reason for demolishing a house, we should have demolished our house immediately. That is the state of those historic houses. And to the point of we did just renovate our house, we added I think 11 square feet to a house that was between 1,400-1,500 hundred, so we had a tiny, little house, we added a tiny, little piece to it. That'was all we needed. It was really important to us that the house, that we not just pass the Historic Preservation Commission but that our neighbors, many of whom lived in the house, there are a lot of our neighbors that actually lived in the house over the course of time. We wanted to be good community members. So the Historic Preservation Commission did actually ask us to make a change to our plans, they asked us that we make a bulkhead that was going to be visible to the street be wooden instead of metal and so we happily made that change. I just want to read one thing from their decision which is `properties in Orient, especially in the historic district continue to be sought after as both year- Southold Town Board Regular Meeting August 13, 2019 page 40 round and summer homes. Even in a turbulent real estate marker, the value of historic homes have generally not decreased and some have even increased over non-historic properties. This is the value for those of us who have abided by the decision making process have created in this community. And to have, it's not fair for those of us that did abide by those decisions, to have this you know, from soup to nuts have this project be rejected. So I support the Historic Preservation's decision and I hope you do to. Thank you. Diana Whitsit DIANA WHITSIT: Good evening, Board members. My name is Diana Whitsit, I am a 16th generation of Terry family, living in the same house on the Main Road in Orient. So obviously I care very much about the historic nature of our town. And I don't really care whether the house is torn down or not because it's really ugly but I think the dilemma is setting a precedent, because if this house is allowed to be demolished, there are a lot of other houses in the historic district and in fact, all over Orient, that should be protected. So I think that decision is going to be a difficult one for you to make. Thank you. SUPERVISOR RUSSELL: Thank you. Barry BARRY (INAUDIBLE): My name is Barry (inaudible). I am a resident of Orient, formerly on Skippers Lane but now on Browns Hills. Professor of architectural history and former employee of the New York City's landmark commission. I do think that the issue lies largely on issues of procedure. It seems to me we have the historic district soon approaching it half century birthday in which it's possible to demolish a structure. I remind you that Mount Vernon was in deplorable state when it was decided by the Daughters of the American Revolution to restore it rather than to demolish it. If it is possible to demolish a structure and replace it by one significantly large, leave aside design issues, it seems to me that the historic district's death is really not far off. That is really the beginning of a slippery slope in which the historic district has absolutely no protections left. Thank you. Mark Riesenfeld MARK RIESENFELD: My name is Mark Riesenfeld and my wife Andrea and I are residents of Orient at 800 Village Lane. We purchased out home in the fall of 2018 and are in the process of restoring a 19"' century historic structure. We have become supporters of the goals and objectives of the Orient Historic Preservation district as established by the National Register of Historic Places in 1976. Recently the town's Historic Preservation Commission denied the Potters-Brancato request to demolish and rebuild a home located at 675 Skippers Lane. Their denial of this request was based on a detailed analysis of the proposal in the context of town code section 1.70, requirements for change in historic structures in the Town of Southold. The HRC determination resolution of May 21, 2019 outlined the findings for the denial of a certificate of appropriateness. We urge the Town Board to affirm the well-reasoned and detailed decision of the Historic Preservation Commission and deny the appeal of their decision. Your action to support the HRC will make a statement that historic preservation in the Town-of Southold and Orient is meaningful 'and supports the policies of the community character in Southold, well documented in the current comprehensive plan that you will be releasing shortly. Thank you. t Southold Town Board Regular Meeting August 13, 2019 page 41 SUPERVISOR RUSSELL: Thank you. Douglas Gray DOUGLAS GRAY: Hello, my name is Douglas Gray and I am on the board of the Oysterponds Community Activities, an organization that runs Poquatuck Hall and also preserves all the monuments in Orient and East Marion. It just suddenly occurs to me to remind everybody that Skippers Lane is also where Oysterponds Activities, Poquatuck Hall, where we have had very, very active summer. We have had children's programs, we have had cooking classes, we have had an amazing set of concerts this summer and it's also because of the monuments, it's where our parades stop at the corner of Skippers Lane. WE have the Memorial Day parade, we have the big 4th of July celebration and this is not, as I said, it's nice to hear from the neighbors of the house but this is actually what I call downtown Orient which my wife mocks me for that but this is a very, very public part of the town and it's not going to go unnoticed. So I, again, support with everyone else denying this appeal. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to"address the Town Board? Manuela Soares MANUELA SOARES: Good evening, my name is Manuela Soares. I have been asked to read these two letters from two Orient residents who are unable'to be here this evening. The first is from Jane Friesen who lives at 690 Village Lane in 'Orient. `I am writing to put my family's opposition to the destruction of 675 Skippers Lane Orient, on the record. We have lived on Village Lane for over 22 years and are intimately connected to and protective of Orient's unique historical character. Like our neighbors, we see ourselves as the keepers of our very special historic district. It is a responsibility we take seriously. My husband and I have seen each iteration of the proposed new house for the Skippers Lane'location and are frankly horrified by its scale, massing and design. As stated to the Historic Preservation Commission, we'd have no issue if this house was built at the edge of town outside the historic district. However, it is being proposed for one of the most visible locations in our historic center overlooking Poquatuck Park visible to all. We were heartened by the sensible decision of the Southold Historic Preservation Commission and trust that the Town Board will support its findings and the will of the Orient community. Many kind thanks for recording our position on this issue. We greatly appreciate the work that the Commission and Southold Township leadership does to keep our beautiful and historic North Fork villages intact.' Another letter is from Leslie Koch, 790 Uhl Lane Orient, `Dear Supervisor Russell and colleagues, I am writing to you as a resident and voter in Southold. More specifically I live in Orient Point. I am writing as a private citizen expressing my own views but I am also the President of the Oysterponds Historical Society. The Society previously expressed our views on the proposed demolition of this historic home in Orient Village's Historical District. I should also note that I was previously the President of the Trust for Governors Island, located in New York City where I was charged with the management of a 92 acre National Historic District, so I am very familiar both with federal guidelines on the demolition of designated historic resources as well as the roles and responsibilities of local preservation commissions. I am writing to add my voice to many fellow residents who object to the demolition of this property and its replacement with a large residence that is out of scale with the entire district. My concern, and that of many other people, is not only the impact of such an outsize property on the integrity of the Orient Village Historic District but the profoundly Southold Town Board Regular Meeting August 13, 2019 page 42 troubling precedent demolition and construction would set not only for this District but the protection of all historic resources in our collective Town of Southold. I understand and respect that the homeowners are within their rights to appeal to the Town Board. That said, I very much hope that you will not overturn the unanimous decision of the Town of Southold's Historic Preservation Commission who rejected the application for demolition and did not find that the homeowners or their consultants made a convincing case ori the need to demolish the property. The Commission did their jobs as citizens of our town and I very much hope that you will' respect and uphold their decision. I am sorry not to be at the hearing tonight but I've been called away from home on business. Please uphold and respect the Historic Preservation Commission's decision. Sincerely, Leslie Koch' And speaking myself as a property owner in Orient and believer in historic district. Overturning the Board's decision really does set a dangerous precedent and I think we would be very hard pressed going forward to keep those guidelines in place. And when we consider those guidelines have been in,place a very long time, every Orient resident who lives in that historic district has followed those regulations, so I don't understand why Dr's Potter and Brancato can't do the same. Thank you. Laurel Watts LAUREL_WATTS: Hi, my name is Laurel Watts, I am a neighbor at 495 Harbor River Road to the property at issue here and tonight I was surprised to hear them site hardship as a reason they might need to destroy the building because as noted before, as of two years ago there were families that enjoyed this building all summer long and neglecting the building, not taking care of it, not looking after the lawn so that it was (inaudible) so that the lawn looks like it had been and kind of boot strapping that I don't think is fair because it made an argument that it has an abandoned looking building or a building that has mold ought to be hardships that let you destroy it when you yourself have created that situation is not appropriate. Thank-you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Jonathan Gilson JONATHAN GILSON: Jonathan Gilson,,I live next door to the Potter residence. I think these guys are being persecuted here. I have lived next to this house for 14 years;it's always been an eyesore and a dump. It has been owned by a family with multiple members and they were not there every day, they weren't there all summer long. They brought motor homes in to park on the lawn. There is nothing nice about this house or property. I have been in it many, many times. I think the Potters have a right to make the house right, you know? And if it were buyers (inaudible).... SUPERVISOR RUSSELL: Let me just interject, this is a public hearing, everybody has a right to be heard. MR. GILSON: Right, I don't want to be interrupted, I am speaking. SUPERVISOR RUSSELL: I am reminding them this is a public hearing, everyone has a right to be heard. Southold Town Board Regular Meeting August 13, 2019 page 43 MR. GILSON: Correct. And I think that the doctors have a right to put up a home for their family and I am sure I have seen the plans like everyone else and by the way, when everybody says this giant house, how large is the house? SUPERVISOR RUSSELL: You need to direct your questions to the Town Board. MR. GILSON: Alright, how large do you think this house is? Does anybody know? COUNCILMAN GHOSIO: I believe it was about 3,300 square feet. SUPERVISOR RUSSELL: The record that... MR. GILSON: I am not disagreeing. SUPERVISOR RUSSELL: We can't have dialogue between the audience and the speaker. MR. GILSON: So maybe this requires some continued conversation with the Potters, you know, and their design (inaudible) but to say they can't have a house there and you can't knock down a structure that is hardly standing I think is crazy. SUPERVISOR RUSSELL: Thank you. Tim Frost TIM FROST: My name is Tim Frost, I live in Bay House, Orient. I have owned the house and cared for it for 35 years. I am reminded that one man's weed is another person's rose. There are a lot of opinions today and perhaps not that many facts. I actually looked at the website today that the town has and the 504 pages regarding this issue and a lot has been said, it's probably being resaid today but I think it's important for, to look at two things and the first is the appeal process, as the Supervisor noted is based on the record up to this issue. So all of this today is very useful commentary and it's commentary that a lot of it is in the record but I really think that it should be irrelevant in terms of the process for the board to hear this appeal. There are 488 pages of that record which was entered up to this issue. I have also looked through the July 16t" memo which was the HPC appeal by Mr. Finnegan and he has reviewed many of those facts in his commentary today. He claims they are facts but I am also reminded of the statement that opinions are not facts. And frankly, a lot of them are baldly marshalled and macerated as facts. And I think it's important that we remember the distinction between opinions and facts. I guess I have two things that I would like to offer- today, are more sort of steps forward in the future and the first is with respect to 675 Skippers and I am concerned that the applicant may be allowing his property as was mentioned today to fall into disrepair and I am not suggesting that this falling into disrepair is willingly or intentional but I believe it is important to remember or it is instructive to recall the applicant or agents allow the supporting columns to be removed and only be replaced back with temporary supports after it is pointed out to them. Also allow me to suggest that the applicant is certainly not doing itself a favor or engendering goodwill in the community by not maintaining the structure or even undertaking basic lawn care. Second, I would like to make a suggestion regarding the Historic Commission, in the interest of transparency and frill disclosure in creating greater awareness for the commission, I suggest that Southold Town Board Regular Meeting August 13, 2019 page 44 the Town Board encourage the commission to do two things, one, as is required by chapter 170 of the town code they should update and publish a simple, clear and concise guideline of what, and not continue to rely on one that at this,point is 10 years old. The point being it should be a simple and concise and people should be made aware of it. The second is I would encourage the Town Board to require the commission to publish a definitive map of the historic districts in the town. There still continues to be much confusion as to what is in the district and what isn't in the district and that should be done immediately. For those reasons and because of my own belief having been in Orient for 35 years and having become being changed by Orient rather than trying to change it, I encourage the Town Board to deny the appeal. Thank you. Jean Markel JEAN MARKEL: Hello,' my name is Jean Markel, I grew up in Southold down near Kenney's Beach and then by Harbor Lights. I left and came backwith my husband about 15 years ago and bought a house in Orient. Growing up in Southold and visiting Orient over the years but I didn't really know how special it was. Now, as a resident there and,a registered voter, I do know. It's the North Fork once removed and it deserves to be preserved. So I am here to say intensely oppose the proposed demolition and fagade alteration at 675 Skippers Lane. I support the HPC's unanimous decision to deny the application, I consider the proposed replacement house completely out of character with size and design of Orient and I just want to say that the Skippers Lane house is one of Orients many visible and important historical buildings, proudly abutting Poquatuck Park, representing the modest residences of the early 20th century. If we allow its destruction, we allow for the unraveling of the historic district and invite a new,age of horrible_, lot hogging mega mansions to begin, SUPERVISOR RUSSELL: Who would like to address the Town Board? UNIDENTIFIED: I forgot these letters that I forgot to turn in, eight letters, all who live in Orient who oppose this demolition. COUNCILMAN GHOSIO: I assume they are in opposition? SUPERVISOR RUSSELL: They will be a matter of the public record that the Town Board has accessto. Scott Stein SCOTT STEIN: Good evening, I am Scott Stein, my wife and I live at 145 Skippers Lane in Orient for more than 15 years and I would just like to say two things, one, I think living in an historic district, in an historic home, in an historic hamlet brings with it responsibilities to abide by the laws and the traditions that go along with being in such a community and it seems to me that there's been a process that up until now has been carefully adhered to and I would urge the town to please follow the recommendation of the HPC. Thank you. SUPERVISOR ,RUSSELL: Who else would like to address the Town Board on this particular public hearing? Southold Town Board Regular Meeting August 13, 2019 page 45 Councilman Dinzio COUNCILMAN DINIZIO: Can I ask a question? Do you know the actual size of the structure now and what (inaudible)... MR. FINNEGAN: Inaudible. COUNCILMAN DINIZIO: What it is now and what it will be? MR. FINNEGAN: Well, what it will be is around 3,328, we are proposing. COUNCILMAN DINIZIO: What you are proposing, what is it now? MR. FINNEGAN: It's 1,880 square feet plus the garage is about 350 square feet. COUNCILMAN DINIZIO: So you are about doubling it? I'm going to say this anyway, I've been involved with the (inaudible) historic commission since I've been on the board, almost six years. One thing about we have one little incident where a gentleman built a structure in the rear of his yard but because it could be seen from a road that went alongside, they claimed that, you know, it was an intrusion on the historic district. It didn't go along with, it did not, it was completely different. So I tend to think that it's more about what the place looks like as opposed to what the buildings actually are. Even though that this house you know, honestly if anyone drove by my house they would know that I am not an arbiter of good taste. Okay, and I think that this is the same thing. This has been there since I was a kid in that form. I can remember seeing it and I was just wondering if you would consider demolishing it and replacing it in kind? You know, the'similar, instead of adding, doubling the size of it? Was that ever a consideration? I didn't see that in the record. Louis .Potters LOUIS POTTERS: Hi, I am Louis Potters and my wife Lenore is here and we are the owners at 675. First of all, I want to thank everyone for their public comments. I think it's appreciated, we live in a democratic society. People are entitled to say what they think. The bottom line is that the house as designed and as we negotiated and worked with the HPC is in fact, in kind streetscape of the house that already exists, within a foot and a half of the current height along Skippers Lane. We actually found a water colored painting that was done of the house that was done by an artist who lives in Connecticut and with his permission we actually superimposed it as part of the record of what the new house will look like. The addition along the park is narrower than two houses next door, it is also shorter than the house, the two houses catty corner across the street and about the same house as the Gilson house at 505. The house itself will be 20.93 percent lot coverage which includes the garage, which is about 0.93 percent greater than code. The house itself in terms of setbacks along the park meets the requirements for setback. There is one setback on the corner of the house which is being retained in order to retain the current footprint of the house in order to retain the streetscape appearance of the house. It's two and a half feet short, so we are going to need zoning on the two and a half feet of space based on the current pre-existing location of the house that the historic commission asked us to maintain which is what we are doing. I think it's misleading to think of the house in terms of square feet. Southold Town Board Regular Meeting August 13, 2019 page 46 A lot of the square feet is used to maintain and rebuild the house in its current position as well as adding an addition. The staircase inside is out of code, there's no space to connect sort of the sections of the house with the addition so there is actually a fair amount of unused or will be unused square footage associated with the redesign. If the historic commission had allowed us to design at will, we could have built a house for much smaller square footage. But to add an addition to the house that allows us to build to current code and to expand the house as other houses along the park have been expanded, required some of that spacing. But I think it's important to also recognize that over the course of the process with the HPC, that we decreased the mass of the house by 18 percent, we brought the ridge lines down, we made the square footage of the house smaller and so there was a massing change of 18 percent that occurred during negotiations. A lot has been discussed about the process, I would only ask that the town review chapter 170 in terms of the due process that should have been afforded us in terms of our original application, the multiple meetings, the missed opportunities for the commission to actually walk through the house and the continued delays and delays of additional meetings. At every meeting that we had with them, we were negotiating in good faith with them to make changes and at every meeting we made changes to designs of the house. So to say that the final rendition of the house is you know, arbitrary to our neighbors in terms of scale and scope, I think it's important for them to recognize the decreasing in the massing effect, the fact that the lot coverage is only going to be de minimus at less than one percent is an important fact of the record. I do also want to acknowledge the fact that we have spent about$10,000 to feed the trees and have the trees be pruned which hadn't been done in years so the idea of neglecting the property I think is a misnomer. The pillars on the front of the house actually blew down and somebody had taken a picture of that and we had a carpenter there in two weeks to put the 4x4 pillars up that you see in some of these pictures and that was repaired within the week, so to suggest that we are letting the house degrade is also not factually correct. The water was tested, the current well is out of code, the septic system is out of code and there's really no way that one could utilize the house as it currently exists. The last think I would like to say is that by the time that everything is removed from the house and what would be left would be a handful of 2x4's that would be erect that we would build a house around, there's no footings under the current foundation, so that the current foundation itself wouldn't support the reconstruction of the house as an in kind structure. In addition, we would have to remove so much of what exists that the building code would be greater than 50 percent, so I think all of those facts lead up to why we put in the petition for the application initially for demolition. We were not ambiguous, it was not our intent to you know, buy,the house and tear it down. We had engineers and architects look at the house that are not part of the record who all concurred and agreed that the house is not stable structurally which hasn't been discussed today and that was even before we knew about the footings on the foundation. So, I think it's important to the neighbors to understand that we used the Orient book of historic homes and looked at a number of details associated with construction of homes in the village. If anybody wants to look in detail at what we are proposing which is really not part of our argument today but you recognize that those details were retained in the addition to the house while the original part of the house is literally being built with the same roofline and same streetscape that currently exists. We are even keeping the bilco basement doors, we are retaining the garage and what not. So, thank you. COUNCILMAN DINIZIO: Thank you. Southold Town Board Regular Meeting August 13, 2019 page 47 Martin Finnegan MR. FINNEGAN: Did that answer your question, Jim? COUNCILMAN DINIZIO: Well, it does, well, again, it's just that an enlargement that, I think maybe unnecessary. When you buy an old house, you know the ceiling is not going to be right, you know, all those things. The windows don't have to be changed, and all that, it keeps the character of that particular land. This place is going to be seen on three sides. MR. FINNEGAN: I understand that but keep in mind that the only part of this house that the record confirms that is arguably historic is the streetscape side that is being completely replicated and that there is no evidence that any other feature of this house is historic. Even the back streetscape has any historic value, so when we go back, I would just echo the Supervisor's comments and the comments of those that reminded the Board that really was before you was that record below and while we respect, as I know you do, the comments of everybody that is here today and also respect the integrity of the historic district, the code, as a remind you, does not state that the mere fact that a home exists within the boundaries of a historic district mandates that it can never be demolished. In fact, you have a code that sets forth a list of criteria for your commission to evaluate to determine whether it can be. And our position is, under the record before you, that those criteria have been established andwith respect to this particular structure, it should be demolished based on the record before you. There is no finding in the determination that speaks .to any aspect of the structural integrity of this house. All the determination talks about is Orient in general and how the historic value of Orient homes are (inaudible) which no one disputes and everyone respects but this is a case by case analysis based on the structure that is part of this record. So I don't believe that the precedent is created when you are looking at a house that does not have historic value. If you rule and overturn the determination denying a certificate of appropriateness for demolition or destruction of a house that was historic, that's a different story. The record does not establish that here. So I thank you for your time and appreciate the comments of everybody. That's all we have. Thank you. Supervisor Russell SUPERVISOR RUSSELL: Who else would like to address the Town Board? Let me just say for the record, I actually read through the record (inaudible) Historic Preservation Commission right here, a little less than 500 pages. I didn't realize we had appointed to be a secretary. There's a couple of issues here, I just want to mention and to give you an idea of the difficulty this board is going to face in making a decision. I don't want to speak for the board but I have to presume given everything that was said tonight we are not going to be prepared to make a decision? COUNCILWOMAN DOHERTY: I would agree. SUPERVISOR RUSSELL: First of all, someone mentioned the role of the Historic Preservation Commission, I think the role there is probably to some extent subjective for a reason. Every board needs discretion, if you don't have it, then you don't need a board. You can just go to a recipe in the town code and they have difficult choices to make. The issue of community character is somewhat nebulous, however, I do believe if you read federal and state level, Southold Town Board Regular Meeting August 13, 2019 page 48 community character matters so if you follow the guidelines there, so I think that is a legitimate role of the board. I know there has been a lot of discussion as to whether they have the ability to look at mass of the home, I bet it might fall under the bailiwick of community character. However, that said, the preservation commission made several recommendations along the way, as if they were negotiating with the applicant without settling, the first question which is can the house come down or can't it? And I think that's something this board is going to struggle with. now, I will be honest with the applicant, I read the record and I know you are on the record saying you like the historic district and wanted to live in a historic district but it would appear under the circumstances you just don't want to live in a historic house. I am not saying that to put him down because there is a lot of issues. There's scope and scale, I went and looked through inventory that's existing on many of the properties'in Orient, particularly the house size, the total house size, the lot size and the scale is very substantial. I will tell you the houses are very large relative to lot size however, they are historic in their entirety. That's the way they were built. So there's something to be said for that, whereas I think the whole ratio to lot size thing might not be as, I don't think you can probably use Village Lane as a template for decision making because that it appears as it did several years ago. Also, I don't know if everyone understands, there's a lot of references in the record with regard to additions that were made in the past. The Historic Preservation Commission prior to about 1998 I believe, was advisory. There was no mandatory component. So additions in those days didn't need the official approval of the HPC. They would be advisory as to whether they supported or rejected a proposal but ultimately it was the town code that decided that, not the committee at the time, that it's now a commission. J want everyone to understand that. With that being said, I do have to say, it's a very difficult position. I appreciate the input that everybody gave today and that is something we are going to have to seriously,consider on both sides of the equation, so but I would say I don't anticipate a decision tonight, it would likely be in two weeks. At least I am not prepared. Too much was said, too much to consider and I think we need to think about it very, carefully before we take action. COUNCILMAN GHOSIO: The only thing I will say is I agree, I actually read at least 500 pages, there were 504 when I looked at the record and I do want to go back and look at it based on some of the comments made tonight just to make sure I understand what I read versus what was presented here tonight. So I don't want to vote tonight. JUSTICE EVANS: So we close the hearing and reserve decision for two weeks? SUPERVISOR RUSSELL: That is what I would recommend. COUNCILMAN RULAND: I would like to close the hearing and leave the record open for two weeks because people will see this on TV and may want to offer comment. COUNCILWOMAN DOHERTY: But let me remind you, we have to be based on the record . that happened in the HPC. COUNCILMAN RULAND: Everybody still has the right to be heard. Southold Town Board Regular Meeting August 13, 2019 page 49 COUNCILWOMAN DOHERTY: Alright, I just wanted... COUNCILMAN RULAND: Remember, we already have received a whole lot of written stuff at this point and maybe there is someone'else, maybe there isn't. I don't think it's unreasonable to offer the opportunity, that is all. SUPERVISOR RUSSELL: And I would also point out procedurally, the Town Board has no obligation to hold a public hearing, I could have taken action and made decision based on the record but this board wanted to make sure that we provided every opportunity for everyone to be heard. So I don't see harm in following the suggestion of Councilman Ruland in the interest again of public participation. Closing Comments .Supervisor Russell SUPERVISOR RUSSELL: Now, would anybody like to address the Town Board on any issue? I just want to make absolutely sure, is anybody here to comment on any other issue? (No response) Motion To: Adjourn Towri Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:01 P.M. Lyn a M Rudder Southold Deputy Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: , Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell