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Home My WebLink AboutTB-08/27/2019 ELIZABETH A.NEVILLETown Hall, 53095 Main Road TOWN CLERK �o�OgUfFO(�coGy PO Box 1179 y Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y'f101 �a�� 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 27, 2019 7:00 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 27, 2019 at the Meeting Hall, Southold,NY. Call to Order 7:00 PM Meeting called to order on August 27, 2019 at Meeting Hall, 53095 Route 25, Southold, NY. AAttendee Name' :O,rgan_ization ' ,ll Title;:r v Status James Dinizio Jr Town of Southold_ Councilman Present William P. Ruland Town of Southold Councilman Present Jill Doherty Town of Southold Councilwoman Present Robert G_hosio � Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice _ Present Scott A. Russell Town of Southold Supervisor Present Elizabeth A. Neville__, _Town of Southold Town Clerk ; Present William M Duffy Town of Southold Town Attorney Present I. Reports 1. Planning Department Monthly Report 2. Department of Public Works Monthly Report 11. Communications III. Public Notices IV. Discussion 1. 9:00 AM -Jay Brown, Cutchogue Lions Club 2. 9:30 AM -Jim Bunchuck Southold Town Board Regular Meeting August 27, 2019 page 2 3. 9:15 AM -Denis Noncarrow, Jennifer Del Vaglio 4. Justice Evans 5. 9:45 AM- Chris Baiz and Members of the Agricultural Advisory Committee 6. Request from Christina Renna Foundation 7. Amendment to Ch. 280, Affordable Housing District (Volunteers in Firematic Protection, Emergency Medical or Ambulance Services) 8. East Marion Main Road Historic District Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 10:57 AM for the purpose of discussing the following matters: Proposed Property Acquisition(S), Sale or Lease of Real Property,Publicity of Which Would Substantially Affect the Value Thereof 11:15AM - Melissa Spiro Labor-Matters Involving the Employment/Employment History of a Particular Person(S) 11:30 AM - Kristie Hansen-Hightower,Accounting Department Matters Involving the Employment of a Particular Corporation(S) 12:00 PM - Jim Bunchuck, Landfill Litigation- Brinkmann V. TOS Litigation-Brinkmann V. TOS RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 9. EXECUTIVE SESSION - Proposed Property Acquisition(S), Sale or Lease of Real Property, Publicity of Which Would Substantially Affect the Value Thereof 10. EXECUTIVE SESSION -Labor-Matters Involving the Employment/Employment History of a Particular Person(S) 11. EXECUTIVE SESSION -Litigation-Brinkmann V. TOS 12. EXECUTIVE SESSION -Matters Involving the Employment of a Particular Corporation(S) Southold Town Board Regular Meeting August 27, 2019 page 3 Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 1:34PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Recess 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby Recess this 9:00 AM meeting of the Town Board at 1:34 PM until the Regular 7:OOPM Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Motion To: Reconvenes 9:00 AM meeting RESOLVED that the Town Board of the Town of Southold hereby reconvenes the 9:00 AM meeting of the Southold Town Board at this 7:OOPM Regular Meeting of the Southold Town Board. RESULT: ADOPTED [UNANIMOUS] MOVER: Scott A. Russell, Supervisor SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Scott A. Russell SUPERVISOR RUSSELL: Please rise for the Pledge to the Flag. Okay, at this point I am going to ask anybody that would like to comment on any of the agenda items to please feel free? I know we have a couple of public hearings scheduled, we will take comments on those later. Who would like to comment on any of the agenda items? UNIDENTIFIED: The.moratorium? An agenda item? COUNCILWOMAN DOHERTY: It's a public hearing. UNIDENTIFIED: Okay, so I can't comment on that right now? SUPERVISOR RUSSELL: Well, you'll have an opportunity during the public hearing. Benja Schwartz, Cutchogue Southold Town Board Regular Meeting August 27, 2019 page 4 BENJA SCHWARTZ: Benja Schwartz, Southold. So yesterday I went online and I printed out a couple of pages from the draft agenda, including the last page, page 19. When I came here today and the last page is 37. So I guess the agenda has doubled. It means we didn't have a lot of time to compose our thoughts about the items on the agenda. The first page is taken up by a lot of boilerplate, one of the things it says is agendas are generally available Friday's before the meeting. Supervisor Russell, this is your job, right? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: So I am talking to you, are you listening? SUPERVISOR RUSSELL: I am getting this out so I can follow along. MR. SCHWARTZ: So why, I mean, I imagine that when you are scheduling these agenda items, you probably have agenda items now that are scheduled for the next month or the following month, so one possibility would be to have draft agendas posted as they are scheduled. COUNCILWOMAN DOHERTY: Can I make one comment before you go further? MR. SCHWARTZ: Sure. COUNCILWOMAN DOHERTY: We do have the agenda available on a Friday and when we have public hearings, we tend not to, when we do the agenda for the work session in order to save paper, we tend not to put the whole public hearing in, you know, because it has been posted, it's online and it was in the agenda two weeks ago, now it's in this agenda. SUPERVISOR RUSSELL: It's already... COUNCILWOMAN DOHERTY: So the agenda we had this morning, we don't have that all in there to save paper. So that's where most of the extra pages come from. MR. SCHWARTZ: Interesting. Do you remember the suggestion I made how you can save paper, a couple of months ago? About linking rather than reprinting everything? I believe it was actually a state law requirement or at least a suggestion,New York State, if a town has the ability and we do have a website, we have the ability, if the Town Clerk can do it, we can link and in addition to the required the things that you maybe aren't required to put into the final agenda and I could understand that if you don't want to print that in the tentative agenda, I wasn't aware that you printed the tentative agendas. I mean, I am talking about going online and just downloading and looking at them, so it wouldn't be any extra paper. In addition to that, things like there could be links to documents that are relative to these various agenda items that would help people. You see an agenda item blah, blah, blah, it doesn't really tell you what it's about and I know that you have in your files other documents that you refer to in preparing for these meetings. So if you are sincerely interested in public participation, will you please, you know I have mentioned this before and you kind of nod and nothing happens. Southold Town Board Regular Meeting August 27, 2019 page 5 COUNCILWOMAN DOHERTY: Scott actually said something today at the work session that we need to do a better job at getting the paperwork to us before... SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: The paperwork to yourselves. SUPERVISOR RUSSELL: The backup to the public. A lot of this stuff is general housekeeping, we take that for granted and I did mention today that we need to start adding more backup to the agenda items. A lot of times, some of the items come in at the last minute. Again, (inaudible), so it's difficult to gather it all by Friday when we put out the tentative agenda. MR. SCHWARTZ: I feel like you could, you could benefit. For example, the work session this morning, you had an agenda item from Louisa, update on Fishers Island Seagrass coalition. That's already passed but I was working, I couldn't be there. I don't know if those meetings are currently on, do you record it and put it on line? The work sessions? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: They are on channel 22. MR. SCHWARTZ: But if there was something in writing and if I was you, I would want to have discussion like that, some kind of a memo as to what it's about and what they are going to be presenting. So that should be not part, not in the agenda but there should be a link from the agenda online, there should be a link, if you just click on it and it will take you straight to those documents. SUPERVISOR RUSSELL: Let me just tell you though, the Seagrass Coalition is not a government agency that updated Louisa this other day and asked her to come and update the Town Board. They didn't put anything in writing and we can't compel them, it's a private group, to put anything in writing. MR. SCHWARTZ: But you don't ask people to put anything in writing, I have been to many work sessions and many people come in and make presentations and there is nothing in writing. And you have the power when they come in and request to put it on the agenda, you say, well can you give me something, can you give me a memo that would explain what's happening to interested people. So I would hope that you would make a promised commitment to do that. SUPERVISOR RUSSELL: Okay. MR. SCHWARTZ: Thank you. Supervisor Russell Southold Town Board Regular Meeting August 27, 2019 page 6 SUPERVISOR RUSSELL: Who else would like to comment on any of the agenda items? (No response) V. Resolutions 2019-726 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August 27, 2019. -/Vote Record-Resolution RES-2019-726 0 Adopted ❑ Adopted as Amended ❑ Defeated ------ — — - ------ - - Yes/Aye No/Nay Abstain Absent ❑ Tabled --- — - --- ❑ Withdrawn James Dmizio Jr Voter 0 ❑ 1 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ El_ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ j ❑ ❑ ❑ Rescinded Robert Ghosio Seconder. 0 ❑ j ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ Scott A Russell Voter 0 El1 ❑ ❑ El Supt Hgwys Appt _ ❑ No Action ❑ Lost 2019-727 CATEGORY.• Set Meeting DEPARTMENT.- Town Clerk Next Toivn Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 10, 2019 at Southold Town Hall, 53095 Main Road, Southold,New York at 4:30 PM. ✓Vote Record-Resolution RES-2019-727 0 Adopted ❑ Adopted as Amended i Yes/Aye No/Nay s Abstain Absent ❑ Defeated James Dinizio Jr j Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland i Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty { Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio 1 Seconder 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans ] Mover 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ 0 Town Clerk's Appt Southold Town Board Regular Meeting August 27, 2019 page 7 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-728 CATEGORY. Refund DEPARTMENT. Town Clerk Refund Parking/Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund to the following individuals for the purchase of parking and/or disposal permits purchased in error: NAME REFUND Patricia Tsivouras, 6 7th Street, Englewood Clf,NJ 07632 $10.00 Ana L Julian Giron, 73 Sunrise Couirt, Apt 5, Moriches,NY 11955 $10.00 Matthew Burger, 666 Greenwich St., 849,New York,NY 10014 $17.50 Vote Record-Resolution RES-2019=728 Rl Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ___ ___ El Withdrawn James Dmizio Jr Mover ❑ ❑ ❑ ❑ El Supervisor's Appt William P Ruland Voter ❑ ❑ ❑ ❑ _ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosto Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter Rl ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ I ❑ ❑ ❑ No Action ❑ Lost 2019-729 CATEGORY. Special Events DEPARTMENT. Town Clerk Special Events Permit Sparkling Pointe 2019-37 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sparkling Pointe to hold a Special Event 2019-37 at 39750 County Road 48, Southold,New York as applied for in Application SP3a-b for two (2) events: October 2 and November 2, 2019 Southold Town Board Regular Meeting August 27, 2019 page 8 from 5:00 PM to 11:00 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events. -',vote Record-Resolution RES-2019-729 0 Adopted ❑ Adopted as Amended ❑ Defeated ( Yes/Aye No/Nay Abstain Absent ❑ Tabled -- ------- -- - - — ❑ Withdrawn James Dinizio Jr Voter 0 El ❑ ❑ ❑ 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 2019-730 CATEGORY.• Special Events DEPARTMENT. Town Clerk Special Events Permit Pindar Vineyard 2019-38 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Pindar Vineyard to hold a Special Event 2019-38 at 37645 Main Road, Peconic,New York as applied for in Application Pinla-b for two (2) events: September 7 and October 19 (rd 10/26), from 12:00 PM to 6:00 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events. ✓Vote Record-Resolution RES-2019-730 . 0 Adopted ❑ Adopted as Amended ❑ Defeated ----- - ---- --- - -- - - --- - - - ------- - - Yes/Aye No/Nay Abstain Absent ❑ Tabled --- --- - - - --------- --- ❑ Withdrawn James Dmizio Jr 1 Voter 0 El 11 ❑ ❑ Supervisor's Appt William P Ruland f Mover 0 Eli ❑ El— ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell I Voter 0 ❑ j ❑ ❑ ❑ No Action ❑ Lost 2019-731 CATEGORY. Employment-Town DEPARTMENT. Accounting Southold Town Board Regular Meeting August 27, 2019 page 9 Authorizes PT Environmental Analyst Craig Jobes to Work Temporary FT RESOLVED that the Town Board of the Town of Southold hereby authorizes Part-Time Environmental Analyst Craig Jobes to work temporary Full-Time starting on August 29, 2019 through November 29, 2019; rate of pay at Mr. Jobes' existing rate of$33.62 per hour. - `✓�Voti`Record-Resolution RES-20,19-'731 �<_��.>� <3..• Q Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/NayAbsfain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland j Voter Q ❑ i ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ 3 ❑ ❑ ❑ Rescinded Robert Ghosto rseconder Q ❑ l ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover Q ❑ ? ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q ❑ ; ❑ ❑ ❑ No Action ❑ Lost 2019-732 CATEGORY.• Employment-FIFD DEPARTMENT. Accounting Summer Seasonal FT Deckhands RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution 2019-129 of the Fishers Island Ferry District adopted August 16, 2019 that reads as follows: WHEREAS the Ferry District requires additional full-time Deckhands (FIFD) during the peak season between May 13, 2019, and September 15, 2019; Therefore it is RESOLVED to temporarily appoint with effect May 13, 2019 Evan Spohn as a summer seasonal Deckhand (FIFD). On September 15, 2019, Evan Spohn will terminate his summer seasonal position and on September 16, 2019 be re-appointed to part-time Deckhand (FIFD). ,/Vote-Record-Resolutioh'RES-'2019=732 Q Adopted i Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dimzio Jr Voter Q ❑ El El Tabled William P Ruland j Voter Q El ❑ ❑ Withdrawn Jill Doherty i Voter Q ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover Q' ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans j Seconder 21 ❑ ❑ ❑ Southold Town Board Regular Meeting August 27, 2019 page 10 ❑ Rescinded Scott A Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-733 CATEGORY.• Employment-FIFD DEPARTMENT: Accounting Appoint Hunter Kucsera PT Cashier (FIFD) RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2019-130 of the Fishers Island Ferry District adopted August 16, 2019 that appoints Hunter Kucsera to the position of part-time Cashier(FIFD) effective September 18, 2019 at a rate of$12.50 per hour. ✓Vote Record-Resolution RES72019-733 ' 0 Adopted ❑ Adopted as Amended -- Defeated x Yes/Aye No/Nay Abstain Absent ❑ Tabled --------- -------7777-- — ❑ Withdrawn James Dimzio Jr I Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder 0 ❑ ( ❑ ❑ 11 Tax Receiver's Appt Jill Doherty j Voter 0 ❑ ❑ 11 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ El Town Clerk's Appt Louisa P Evans Voter 0 ❑ ( ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-734 CATEGORY. Special Events DEPARTMENT: Town Clerk Special Events Permit Macari Vineyard 2019-39 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Macari Vineyard to hold a Special Event 2019-39 at 24385 Main Road, Cutchogue,New York as applied for in Application Mac3a for one (1) event: August 25, from 11:00 PM to 2:00 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Event ✓Vote Record,-Resolution RES-2019-734 0 Adopted Yes/Aye No/Nay 1i Abstain Absent Southold Town Board Regular Meeting August 27, 2019 page 11 ❑ Adopted as Amended James Dmizio Jr f Voter 0 ❑ J ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ j ❑ ❑ ❑ Tabled Jill Doherty Mover 0 ❑ 1 ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ i ❑ ❑ ❑ 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 2019-735 CATEGORY.• Special Events DEPARTMENT. Town Clerk Special Events Permit Macari Vineyard 2019-40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Macari Vineyard to hold a Special Event 2019-40 at 24385 Main Road, Cutchogue,New York as applied for in Application Mac4a for one (1) event: August 24, from 3:30 PM to 7:30 PM provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Event ✓Vote,Record-Resol'u66u RCS=2019-135x 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent 11 Tabled _____ _ ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ; ❑ ❑ 11 Supervisor's Appt William P Ruland Mover 0 ❑ 1 ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty J Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio F Voter 0 ❑ ! ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ i ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-736 CATEGORY.• Refund DEPARTMENT.- Planning Board Refund Unused Consulting Fees Southold Town Board Regular Meeting August 27, 2019 page 12 RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular at East Marion Fire District, SCTM#1000-31-3-1.31, totaling $4,500.00, be refunded to theapplicant's agent: Shore 2 Shore Wireless, Inc. Vote Record 7 Resolution RES-2019-736 0 Adopted ❑ Adopted as Amended ❑ Defeated - -- --- -- —- -- - - -- --- -- - Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Ir Voter ❑ ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ _ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ; Seconder 0 ❑ El — ❑ ❑ Town Clerk's Appt Louisa P.Evans Mover - 0 ❑ j ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter �0 _- ❑ ❑ ❑� ❑ No Action ❑ Lost 2019-737 CATEGORY.• Refund DEPARTMENT. Planning Board Refund Unused Consulting Fees RESOLVED, that unused consulting fees paid to the Town in connection with the wireless consulting review of New Cingular at Southold Town Animal Shelter, SCTM#1000-75-5-14.1, totaling $4,500.00, be refunded to theapplicant's agent: Shore 2 Shore Wireless, Inc. ✓Vote Record-Resolution RES-2019-737 0 Adopted ❑ Adopted as Amended ❑ Defeated - - -- ----- ---- Yes/Aye No/Nay Abstain Absent ❑ Tabled - -----— - ---1---- - -- -- - ❑ Withdrawn James Dlnlzlo Jr Voter 0 ❑ i ❑ ❑ El Supervisor's Appt William P Ruland ; Voter 0 ❑ ❑ ❑ El Tax Receiver's Appt Jill Dohertv Voter 0 ❑ El ❑ Rescinded Robert Ghosio Mover 0 El ❑ El Town Clerk's Appt Louisa P Evans i Seconder 0 ❑ ❑ El ❑ Supt Hgwys Appt Scott A Russell i Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-738 CATEGORY.- Attend Seminar DEPARTMENT. Zoning Board of Appeals Southold Town Board Regular Meeting August 27, 2019 page 13 Zoning Board of Appeals- Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Members of the Zoning Board of Appeals to attend a seminar entitled "Land Use Training Program for Municipal Planning and Zoning Officials"to be held at Hofstra University in Hempstead,NY, on Monday, October 7 2019 in fulfillment of the four hours of required annual training for 2020. All expenses for registration and travel to be a legal charge to the 2019 budget line B.8010.4.600.200 and B.8010.4.600.300. ✓,Vote Record`-Resol6tiodRE$-2019-738, 0 Adopted ❑ Adopted as Amended ❑ Defeated - ------ - --- - -- - - - — El Tabled -- Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 _ ❑ ❑ — �❑ El Tax Receiver's Appt Jill Doherty ; Seconder 0 Elo 11 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ i ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell j Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-739 CATEGORY. Budget Modification DEPARTMENT: Police Dept Police Department-Budget Modification Financial Impact:Reallocation of funds after retirement payout for PO.Iernick Jr RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town bud:ret as follows: From A.1990.4.100.200 Police/Retirement Reserve $73,600 Total $73,600 To: A.3120.1.100.300 Police/PS/FT Employees/Vacation Earnings $3,600 A.3120.1.100.400 Police/PS/FT Employees/Sick Earnings $70,000 Total $73,600 ✓Vote Record'Resolution RES-2019-739 0 Adopted Yes/Aye No/Nay t Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dimzio Jr Voter 0 ❑ ! ❑ ❑ ❑ Tabled William P Ruland Voter 121 ❑ I ❑ 11 Southold Town Board Regular Meeting August 27, 2019 page 14 ❑ Withdrawn Jill Doherty Mover I ❑ I ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter D ❑ ; ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 0 ❑ j ❑ ❑ ❑ Rescinded Scott A Russell Voter 0 ❑ 1 ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-740 CATEGORY.• Budget Modification DEPARTMENT.• Police Dept Police Department-Budget Modification Financial Impact. Transfer of funds for the pztrchase of new taser cartridges RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 General Fund Whole Town budget as follows: From A.3120.2.500.700 Police/Other Equipment/Soft Body Armor $2,000 Total $2,000 To: A.3120.2.500.625 Police/Other Equipment/Tasers $2,000 Total $2,000 ✓Vote Record-Resolution RES-2019-740 lZ Adopted ❑ Adopted as Amended ❑ Defeated - ----- ---- ---- --- - 11 Tabled --- Yes/Aye No/Nay Abstain Absent __ _ James Dmizio Ir Voter 0 ❑ ❑ El Withdrawn ❑ Supervisor's Appt William P Ruland ( Mover E1 El ElTax Receiver's Appt till Dohem Voter ❑ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio ! Voter ❑ ❑ i ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder z ❑ ❑ ❑ ❑ Supt HgHrys Appt Scott A Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-741 CATEGORY.• Employment - Town DEPARTMENT.• Accounting Southold Town Board Regular Meeting August 27, 2019 page 15 Appoint Joseph Mele Seasonal Maintenance Mechanic I RESOLVED that the Town Board of the Town of Southold hereby appoints Joseph Mele to the position of Seasonal Maintenance Mechanic I for the Human Resource Center, effective September 4, 2019 through November 4, 2019, at a rate of$19.67 per hour subject to pre- employment background search requirements. ✓Vote Ree6rdvAcolution'RES-2019-741 ` 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 El El ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans j Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-742 CATEGORY.- Attend Seminar DEPARTMENT. Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby 'arants permission to Detective Sergeant John Sinning to attend the MAGLOCLEN 26" Annual Narcotics Investigator's Information Sharing Conference from October 11t through 4th, 2019 in Ocean City, MD. All related expenses to be a legal charge to the 2019 budget lines A.3120.4.600.225, A.3120.4.600.300 & A.3120.4.600.200 ✓Vote Record-Resolution RES-2019-742 0 Adopted ❑ Adopted as Amended ❑ Defeated - - -- ---- - - -------- --- - - 1'es/Aye No/Nay Abstain Absent ❑ Tabled ----------— --------- -- ❑ Withdrawn James Dmizio Jr 1 Voter 0 ❑ 1 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ' ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio r Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans ; Seconder 0 ❑ I ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell = Voter D ❑ j ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 27, 2019 page 16 2019-743 CATEGORY.• Attend Seminar DEPARTMENT. Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Kenneth Richert to attend The Reid Technique of Investigative Interviewing and Positive Persuasion for Child Abuse Investigations course to be held from September 24- 26, 2019 in Hampton Bays, NY. All related expenses to be a legal charge to the 2019 budget line A.3120.4.600.200. ✓Vote Record-Resolution RES-2019-743 CEJ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled - -- - -- --- -- James Dinizio Jr Mover El ❑ ❑ ❑ ❑ Withdrawn 11 Supervisor's Appt William P Roland Voter 121 i ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder R1 ❑ j ❑ ❑ ❑ Rescinded Robert Ghosio Voter lZ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-744 CATEGORY. Property Usage DEPARTMENT: Recreation Southold High School Use of C017777711nity Center&Strawberry Field Soccer Fields RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold High School to use the Community Center field and Strawberry Fields for junior high school girls soccer practice from September 3, 2019 through November 1, 2019 as coordinated with the Recreation Department and Public Works. Fields will be reserved from 3:00 - 5:30 p.m. Monday through Friday. Applicant must file with the Town Clerk a Certificate of Insurance naming the Town of Southold and County of Suffolk as additional insured. ✓Vote Record-Resolution RES-2019-744 DAdopted - --- —- -- -- ------ - - -• - - - --- Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended El Defeated James Duuzio Jr Voter ❑ ❑ ❑ ❑ ❑ Tabled William P Roland j Seconder z ❑ ❑ ❑ ❑ Withdrawn lill Doherty Mover z ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosto ; Voter ❑ ❑ ❑ Southold Town Board Regular Meeting August 27, 2019 page 17 ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ j ❑ ❑ ❑ Rescinded Scott A.Russell C Voter 0 ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-745 CATEGORY.• Property Usage DEPARTMENT.• Recreation North Fork Lacrosse Club Field Use Fall 2019 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the North Fork Lacrosse Club, serving youth grades K-8, to use the Cochran Park Lacrosse Field for practice on Saturdays and Sundays, 8:OOAM to 12:OOPM. beginning September 14, 2019 and ending on November 2, 2019. Applicant has filed with the Town Clerk a Certificate of Insurance naming the Town of Southold as an additional insured. Vote Record=Resolution RES-2019-745 . 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmizio Jr Voter D ❑ j ❑ ❑ El Supervisor's Appt William P Ruland Mover 0 ❑ ❑ El ❑ Tax Receiver's Appt till Doherty Voter El 0- El ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ j ❑ ❑ El Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 745 SUPERVISOR RUSSELL: I just want to comment that this lacrosse field application is for the football field that we converted, literally, about three weeks ago. Gives you an idea of the demand up there. 2019-746 CATEGORY.• Property Usage DEPARTMENT. Recreation Southold Soccer Club Field Use Fall 2019 Southold Town Board Regular Meeting August 27, 2019 page 18 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Southold Soccer Club, serving youth grades K-6, to use the field behind the Peconic Lane Community Center for practice and games (Mondays, Wednesdays & Fridays, 5:30PM to 6:15PM beginning September 25, 2019 and ending on October 28, 2019. Applicant has filed with the Town Clerk a Certificate of Insurance naming the Town of Southold as additional insured. ✓Vote Record-Resolution RES-2019=746 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled --- --- -- -- ❑ Withdrawn James Dimzio Jr Voter 121 El El El Supervisor's Appt William P Roland Voter 0 El ; ❑ El ❑ Tax Receiver's Appt Jill Doherty Voter d ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ; ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ❑ ❑ j ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell ( Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-747 CATEGORY.• Close[Use Town Roads DEPARTMENT: Town Clerk Cutchogue-Nei,Suffolk Historical Council Rock&Roll Car Show Financial Impact. Total Police Department Cost for Event =$219.76 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Cutchogue-New Suffolk Historical Council to hold its Rock& Roll Car Show on the Cutchogue Village Green, Cutchogue on Sunday October 6, 2019 from 9:00 AM to 4:00 PM provided they file a Certificate of Liability Insurance naming the Town of Southold as an additional insured for two million dollars $2,000,000.00 and comply with all the conditions of the Town's Policy for Special Events on Town Properties. All fees with the exception of the clean-up deposit shall be waived. ✓Vote Record-Resolution RES-2019-747 0 Adopted ❑ Adopted as Amended ❑ Defeated l Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dimzio Jr f Voter [� ❑ ❑ ❑ ❑ Withdrawn William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt .fill Doherty Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appi Robert Ghosio Mover ❑ ❑ ❑ ❑ ❑ Rescinded Louisa P.Evans { Seconder. Rl ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A Russell { Voter D ❑ ❑ ❑ ❑ Supt 1-12"vys Appt ❑ No Action Southold Town Board Regular Meeting August 27, 2019 page 19 ❑ Lost 2019-748 CATEGORY. Employment-Town DEPARTMENT. Accounting Appoint Vanessa Faraone PT Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Vanessa Faraone to the position of a Part Time Tax Cashier for the Tax Receivers' Office effective December 2, 2019, at a rate of$18.70 per hour, not to exceed 17.5 hours per week, subject to background search completion. - Vote,Record-Resolution RES-2019-748 0 Adopted ❑ Adopted as Amended ❑ Defeated --- ------- - - —-----------_-_- - ---- --- --------------- Yes/Aye No/Nay I Abstain Absent ❑ Tabled ❑ Withdrawn .lames Dimzio Jr I Mover 0 ❑ 1 ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ( 11 ❑ Tax Receiver's Appt Jill Doherty I Seconder, 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 i _ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 F ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter - 0 - I ❑ ) ❑ ❑ ❑ No Action ❑ Lost 2019-749 CATEGORY.• Public Service DEPARTMENT: Town Clerk Appoint a Temporary Marriage Officer RESOLVED that the Town Board of the Town of Southold hereby appoints Peter R. McGreevy as a Temporary Marriage Officer for the Town of Southold, on September 21, 2019 only, to serve at no compensation. ✓,Vote Record-Resolution RES-2019-749 Adopted Yes/Aye ! No/Nay Abstain Absent ❑ Adopted as Amended James Dmizio Jr Voter ❑ ❑ ( ❑ ❑ ❑ Defeated _ _ __ ❑ Tabled William P Roland Seconder 0 I ❑ ; El ❑ Withdrawn lill Doherty ElMover D ❑ ❑ ❑ Supervisor's Appt Robert Ghosio 1 Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P.Evans ( Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A Russell j Voter 0 0 0 ❑ Southold Town Board Regular Meeting August 27, 2019 page 20 ❑ Town Clerk's Appt ❑ Supt Hgilrys Appt ❑ No Action ❑ Lost 2019-750 CATEGORY.• Refund DEPARTMENT. Town Clerk Various Clean Up Deposits WHEREAS the following groups have supplied the Town of Southold with a refundable Clean- up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Griswold Terry Glover Post 803 6/19/19 $250.00 PO Box 591 Southold,NY 11971 Cutchogue Fire Department 7/26/19 $250.00 260 New Suffolk Avenue Cutchogue,NY 11935 Southold Yacht Club 6/20/19 $250.00 PO Box 546 Southold,NY 11971 North Fork Reform Synagogue 5/9/19 $250.00 c/o Ellen Zimmerman PO Box 105 East Marion,NY 11939 ✓Vote Record-Resolution RES-2019-750 ------------------ - - - --- -- --- Adopted ---- - - --- ---�--- - - - ❑ Adopted as Amended - Yes/Ave No/Nav Abstain Absent '- 1'_ ❑ Defeated .lames Dtmzio Jr ; Voter 0 ❑�'� ❑ ❑� ❑ Tabled Wdham P Ruland ( Mover Rl ❑ I ❑ ❑ ❑ Withdrawn .till Doherty Voter RI ❑ i ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ! ❑ ❑ ❑ Tax Receiver's Appt LouisaP Evans 1 Seconder ❑ 0 0 ❑ Southold Town Board Regular Meeting August 27, 2019 page 21 ❑ Rescinded Scott A Russell Voter 0 ❑ f ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-751 CATEGORY.• Legal DEPARTMENT. Town Attorney Settlement Nocro LTD WHEREAS, pursuant to a Stipulation of Settlement resolving the matter Nocro Ltd, et. al. v. Russell, et. al., in the Supreme Court of the State of New York, Suffolk County Index No. 09- 19101, regarding the residential development known as the Heritage and/or Harvest Point, the developer is required to make payment to the Town in the amount of Two Million ($2,000,000) Dollars for all park, recreation area, affordable housing, professional and other fees associated with the development; and WHEREAS, The Town now seeks to divide the proceeds from the payments equally between the parks and recreation fund and the affordable housing fund; now therefor be it RESOLVED by the Town Board of the Town of Southold that the Town of Southold hereby directs that fees submitted pursuant this settlement be distributed as follows: Fifty (50%)percent to the Parks and Recreation fund and Fifty 50% percent to the Housing fund. Vote Record-ResolutiowRES-2019-751 0 Adopted ❑ Adopted as Amended ❑ Defeated - ------------- -- - -------- - - •- ------ - ----- - Yes/Aye No/Nay ' Abstain Absent ❑ Tabled - -- - -- ❑ Withdrawn .lames Dmizio Jr Voter ❑ ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ j El ❑ Rescinded Robert Ghosio Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ I ❑ ❑ ❑ No Action ❑ Lost - - ------- -- - --- ----- - - - - 2019-752 CATEGORY. Local Law Public Hearing DEPARTMENT. Town Clerk Southold Town Board Regular Meeting August 27, 2019 page 22 PH 9124 7:00 Pm Chapter 280-AHD WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27t" day of August, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, ZoninjZ, in connection with Affordable Housing District" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 24" day of September, 2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard. RESOLVED that the Town Clerk is authorized and directed to forward the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoninjz, in connection with Affordable Housing District" to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Affordable Housing District" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to update the eligibility requirements. II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: §280-30. General regulations and requirements C. Eligibility (non-age-restricted). In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The elilZible applicants shall be placed in a lottery system must beregisteredin the Town of Southold Registry, administered by the Government Liaison Officer. There shall be a priority for qualified active members in service as volunteers in an allency providinlZ firematic protection, emergency medical or ambulance services in the Town of Southold in a formula acceptable to the Town Board. Southold Town Board Regular Meeting August 27, 2019 page 23 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-It6sbltilion'RES 2019=752: 0 Adopted ❑ Adopted as Amended ❑ Defeated -- —-- - - - -- - ❑ Tabled Yes/Aye No/Nay I Abstain Absent ----- -- ---- - ---- - ------ ❑ Withdrawn James Dmizto Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover 0 ❑ J ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys ApptScott A.Russell Voter 0 Eli ❑ ❑ ❑ No Action ❑ Lost 2019-753 CATEGORY: Attend Seminar DEPARTMENT: Engineering James Richter to Attend Fire &Life Safety Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Richter to attend the "2015 IBC Fire & Life Safety Principles"training on September 6, 2019. All expenses for registration,travel to be a legal charge to the 2019 budget (meetings and seminars). ✓Vote Record=Resolution RES=2019-753 - 0 Adopted ❑ Adopted as Amended ❑ Defeated -- - —-- -- -- - --- ----- - - -- Yes/Aye No/Nay 1 Abstain Absent ❑ Tabled ❑ Withdrawn lames Dinizio Jr Mover 0 ❑— ;— ❑ ❑ William P Ruland ( Voter 0 El El ❑ ❑ Supervisor's Appt _ _ ❑ Tax Receiver's Appt Jill Doherty r Seconder _ 0 ❑ i ❑ _ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ j ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans i Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Seott A Russell j Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Board Regular Meeting August 27, 2019 page 24 2019-754 CATEGORY.- Attend Seminar DEPARTMENT. Engineering James Richter to Attend Code Enforcement Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to James Richter to attend "Code Enforcement Official & Disaster Response" and "Building Science Behind the Code"training on October 8, 2019. All expenses for registration, travel to be a legal charge to the 2019 budget (meetings and seminars). ✓Vote Record-Resolution RES-2019-754 " 2 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ElTabled ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Seconder El ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty rmover ❑ ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter ❑ ❑ ( ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans ( Voter ❑ ❑ ��❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-755 CATEGORY.• Budget Modification DEPARTMENT: Solid Waste Management District 2019 Budget Modification:SWMD Financial Impact: To provide funds for purchase of solar powered message board RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Solid Waste Management District budget as follows: From SR 8160.1.300.100 Temp/Seasonal Emp. Reg Earnings $5,000 SR 8160.4.400.811 Stump Removal 1,200 Total $6,200 To: SR 8160.4.100.995 Signage $6,200 Southold Town Board Regular Meeting August 27, 2019 page 25 Total $6,200 ✓`Vote Record=Resoluiion-RES--2019=755. ' " M Adopted ❑ Adopted as Amended ❑ Defeated ---------------------- — -------- -- - - - --—--;------------ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dmmzio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland ( Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter Rl ❑ ! ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder El ❑ ❑ ❑ El Supt Hgwys ApptScott A Russell Voter ❑ _ ❑ ❑ ❑ No Action ❑ Lost 2019-756 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Reappointment to Deer Management Task Force RESOLVED the Town Board of the Town of Southold hereby reappoints John Scarramucci to the Deer Management Task Force effective through March 31, 2020. -'Vote Record-Resolution RES=2019-756= - Rl Adopted ❑ Adopted as Amended Defeated """"---"- ----"—" "" j - --- ---- ------- ❑ Tabled ------ - -- --- I Yes/Aye No/Nay i Abstain Absent ❑ Withdrawn James Dmizio Jr Voter I✓Z ❑ j ❑ ❑ ❑ Supervisor's Appt William P.Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter z ❑ ! ❑ ❑ ❑ Rescinded Robert Ghosio Seconder 0 ❑ ; ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter D ❑ j ❑ ❑ ❑ No Action ❑ Lost 2019-757 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2019 Budget Modification-Highit,ay Financial Impact: transfer of funds Southold Town Board Regular Meeting August 27, 2019 page 26 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Highway Fund Part Town budget as follows: From: DB.5110.1.100.200 General Repairs Regular Earnings 10,000.00 DB.5130.2.500.300 Other Equipment $2,300.00 DB.5140.4.400.100 Cleanup Week Debris Disp 2,100.00 TOTAL $14,400.00 To: DB.5110.4.100.100 Miscellaneous Supplies $300.00 DB.5110.4.100.350 Traffic Paintl 1,000.00 DB.5140.1.100.100 Brush & Weeds Regular Earnings 10,000.00 DB.5140.4.100.700 Safety Gear 1,000.00 DB.5140.4.400.150 Rubbish Disposal 2,100.00 TOTAL $14,400.00 -'Vote Record-Resolution RES-2019-757 IZ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain _ Absent El Tabled ❑ Withdrawn James Dm¢io Jr Voter lZ ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter lZ _ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio T Mover 2 ❑ ( ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder Rl ❑ ( ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-758 CATEGORY. Public Service DEPARTMENT. Town Attorney Eyeglass Recycling Bin RESOLVED that the Town Board of the Town of Southold hereby authorizes the placement of an eyeglass recycling collection bin by the Cutchogue Lions Club at the Town of Southold Recreation Center. ✓Vote Record-Resolution RES-2019-758 D Adopted Yes/Aye No/Nay j Abstain Absent ❑ Adopted as Amended James Dmizio Ir Mover Z ❑ ; ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ( ❑ ❑ ❑ Tabled Jill Doherty ; Seconder 0 ❑ 1 ❑ ❑ ❑ Withdrawn Robert Ghosio i Voter Rl ❑ ; ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 0 0 0 Southold Town Board Regular Meeting August 27, 2019 page 27 ❑ Tax Receiver's Appt Scott A Russell Voter 2 ❑ ( ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-759 CATEGORY. Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 8/16/19 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated April 29, 2019, as follows: FIFD resolution# Regarding 2019 131 Settlement 2019 132 Settlement ✓Vote�Reeord-'Resolution RES-2019-759 Rl Adopted ❑ Adopted as Amended ❑ Defeated — - ---- - - - -— -- Yes/Aye No/Nay Abstain Absent ❑ Tabled 11 Withdrawn James Dinizio Jr Voter D ❑ El 11 ❑ Supervisor's Appt William P Ruland Seconder 10 Elj 11 ❑ Tax Receiver's Appt Jill Doherty � Mover 21 11 � El Robert Ghosio Voter Elj El 11 Rescinded ❑ Town Clerk's Appt Louisa P Evans Voter D ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-760 CATEGORY.- Budget Modification DEPARTMENT.• Accounting 2019 Budget Modification- CDBG Financial Impact:Establish 2019 CDBG Budget per contract RESOLVED that the Town Board of the Town of Southold hereby modifies the 2019 Southold Town Board Regular Meeting August 27, 2019 page 28 Community Development Fund budget as follows: Increase Revenues: CD.2743.45 Year 45 $260,000 Total $260,000 Increase Appropriations: CD.8660.K.045.008 Year 45 CAST $7,500 CD.8660.K.045.010 Year 45 Maureen's Haven 7,500 CD.8660.K.045.016 Year 45 ADA Sidewalks 6th Ave 50,000 CD.9901.K.045.100 Year 45 Interfund Transfers Capital (Peconic Playground-ADA Improvements) 195,000 Total $260,000 ✓Vote Record_'Resolution RES-2019-760 13 Adopted ❑ Adopted as Amended ❑ Defeated - - -- ----- - —r ----- - - -- ---- - —--- -- Yes/Aye No/NayAbstain Absent ❑ Tabled - -- -- ---- -- - - - ❑ Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter Q ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell ` Voter 0 ❑ ! ❑ ❑ ❑ No Action ❑ Lost 2019-761 CATEGORY.- Coastal Erosion DEPARTMENT.• Town Attorney CEA Bashian WHEREAS, the Board of Trustees denied the application of HARRY BASHIAN & HAYKUHI BASHIAN to replace existing storm-damaged bulkheading located at 5824 North Road, Greenport,NY SCTM#1000-44-2-15, under the Town of Southold Coastal Erosion Hazard Areas Law(the "Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on June 26, 2019, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and Southold Town Board Regular Meeting August 27, 2019 page 29 WHEREAS, on July 30, 2019 and August 13, 2019 the Town Board conducted duly noticed public hearings on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant; and WHEREAS,the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated August 27, 2019, conditionally granting the application of HARRY BASHIAN & HAYKUHI BASHIAN fora coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law; with the following conditions: 1. Submission of new amended plans detailing the approved proiect as detailed in the Findings and Determination dated August 27, 2019 and further depicting that no decking extend seaward of the bulkheading; 2. That prior to issuance of a Permit the applicant submit written authorization from the County of Suffolk to access the subiect property over lands owned by the county; 3. That the applicant not access the subject property from the lands owned by the neighbor to the East. and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. ✓Vote Record-Resolution RES4019-761 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay I Abstain Absent ❑ Defeated ,lames Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ { ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ i ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans 3 Mover D ❑ ❑ ❑ ❑ Rescinded Scott A Russell ; Voter D ❑ ❑ ❑ ❑ Town Clerk's Appt Southold Town Board Regular Meeting August 27, 2019 page 30 ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 761 SUPERVISOR RUSSELL: For those who were at the hearing but are unfamiliar,this was actually a proposal to build a bulkhead and then cantilever a deck well out over the bulkhead and towards the water. The Town Board decided that there is probably no better example of why we need a coastal erosion hazard mitigation area and that's to mitigate hazards. So we cut the deck proposal back, it cannot extend beyond the bulkhead. 2019-762 CATEGORY.• Coastal Erosion DEPARTMENT. Town Attorney CEA Young WHEREAS,the Board of Trustees denied the application of Donald W. Young Rev. Trust & Kelly C. Young Rev. Trust to construct a wood pile and timber pier located off East End Road, Fishers Island,NY SCTM#1000-3-2-2, under the Town of Southold Coastal Erosion Hazard Areas Law (the "Law") of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on July 16, 2019, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on August 27, 2019, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant's consultant and other interested parties; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type 11 Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findinlzs and Determination dated August 27, 2019 granting the application of Donald W. Young Rev. Trust & Kelly C. Young Rev. Trust for a coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law and be it further Southold Town Board Regular Meeting August 27, 2019 page 31 RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein. ✓Uoie°Record'-Resolution'RES-2019-762 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn .lames Dmizio Jr Voter ❑ � � ❑ ❑ ❑ Supervisor's Appt William P Roland ( Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ( Voter Z ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover ElE1 ❑ El ❑ Town Clerk's Appt Louisa P Evans Seconder 121 j ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comments regarding resolution 762 SUPERVISOR RUSSELL: I reviewed the application, I think the applicant made every effort to mitigate environmental impacts, also looking at the area there is no history of consequential erosion. I vote_yes._ 2019-763 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact LL Chapter 280, Accessory Apartments WHEREAS that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 280, Zonin1j, in connection with Accessory Apartments in the Town of Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 Southold Town Board Regular Meeting August 27, 2019 page 32 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L.No. 8-1989; I1-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L.No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L. No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of dwelling shall occupy one of the dwelling units as the owner's pr-ifieipal resi�ee. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 400 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 4-50 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10)years prior to applying for an accessory apartment , or proof of legal occupancy prior to that date. (g) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L.No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or Southold Town Board Regular Meeting August 27, 2019 page 33 storage building, subject to the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The ;,weer-of the preinises shall eeeuff Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the w A%er's p ' .pal reside e-e. The other dwelling unit shall be leased for year-round ria occupancy evidenced by a written lease for a term of one or more years to: i, Be Owner ofpr-epe 4y shall eause pei: it, or-allow the oceupaney e� (e,eesser-y .,..aAmo„t ••,•e•,+o.l pursuant to § 140 13 A!6l or § 280 13B(13) withei + >�G�s____ •• ��tALV IA 1Jl1LAlll LV i,'VV 1J11 V valid mpAal pefmit issued upon appheation to the Chief Building inspeeten [Added 6 1-9, � --r.1 Llll_11_ N” � l 2010 by L.L. No 1 201% (1) Gontei4 of applieation. An application for-a rental pei%iit or-for-a r-enewal of a r-ental pefinit shall bear the fietarized signature of the owner-and eontain the following infefmatione (a', Tho „ da4e of birth .,n telephone„ mho,•of+h �u f 'Phe llunie, , Tax Map number. (e) T„ the event the o r tio„ ,•a ft,•,o,.ship limited liability \VJ 111 Lllli V Y'e11L Llll.r V VVlllir , , other-busk-. erirt.y,I the name,uaddrand telephone number vreach vsfficr-, principal, of€re ,•� shareholder-, ,-..,i4ne,-o mho,• ofsueh L.,, (d) The name(s) and erephone number-(s) of all tenants. ! of!he lease agfeement between „ tenant-. `lJ)f l A N V 1J' ,1> , !f) A „f the eertifie to of',,,,e,,,-,aney or-preexisting ee f if e to of',,,..,,,,,.,,,,,, fof `1 f 1> VV1J,'' Vl Llll.r l.rl,l LlllVuw vl-V the Y" .,.li-7ition to the inf ,• omation required in X 140 1370 ., )! 1 tluough (f)7 provide addition certification that the existing dwelling of!aeeessofy apaAment is oceupied by!he owfief and that the Pfeffilses is in compliance with all of the pr-evisions of the Go Town'T.,,,.,, ..f Southold the laws and s „it,,,•„ and housing regulations of'the County o Southold,,,,� �.�`�y,,� c+�,},� ,��`T�7 D ff-alk and the "sof the State of York. (3) The ow7ner-of an aeeesser-5, apai4ment in an accessei!), strueture lawfully existing pursuant to § 280 13B(13) shall, in addiiion to the infennation required ill § 280 1371!11(a) through /1'ln �a), pfo ide a eeYtifieatioozr .,t, [Amended mended 1212 5 2017 by L.L. No. 7 (a) The existing single family dwelling or-the aeeesser-y apaFtment in the accessory ot,•„i,+,,,•o , oeeupied by theowner- s the ow-ner-'s principal r-esidefice. dwelling Southold Town Board Regular Meeting August 27, 2019 page 34 member- individualor- 1, is euffently on the Southold To.,,,, Aff.,,-rl�l,lo Housing Regi.+. and eligible for plaeoment. (e) Rents ehar-ged to a tenant from the Aff-er-dable Housing Registi=y shall not emeeed the z-ent established by the Tey„ Board annually pursuant to § 280 30F of this Code. (d) The dwelling .+ , in complianee with all of the provisions f+l Code of the lTl Ll1V vvuv va aaav Town of Southold, the laws a-nd sanitaf�, and housing r-egulations of the County of Suffolk .l +1, 1aws f the State f N V 1 III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. _✓Vote Record_Resolution RES-2019-763 ❑ Adopted ❑ Adopted as Amended ❑ Defeated _ 0 Tabled Yes/Aye No/Nay I Abstain Absent ❑ Withdrawn James Dimzio Jr Voter 0 ❑ --[—El ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ 1 ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder 0 ❑ I ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans rMover 0 ❑ j ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Next:9/10/19 4:30 PM Comment regarding resoltuon 763 JUSTICE EVANS: I make a motion that resolution 763 be held open for two weeks for written comment. 2019-764 CATEGORY.• Enact Local Law DEPARTMENT. Town Clerk Enact LL Moratorium Extension WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30' day of July, 2019, a Local Law entitled, "A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of Southold Town Board Regular Meeting August 27, 2019 page 35 approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard,now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, , "A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surroundinj4 area" reads as follows: LOCAL LAW NO. 2 of 2020 A Local Law entitled, "A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" . BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Purpose Moratorium Extension The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a "Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road at the Love Lane intersection as well as at other intersections immediately to the East and West of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have voiced their concerns regarding the risk to the health, safety and welfare of the community and the need for improvements to the infrastructure at the intersection of Main Road and Love Lane. Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane as having a negative effect on local businesses. A six (6) month moratorium was enacted by the Town Board of the Town of Southold as Local Law 1-2019, on February 26, 2019, with an effective date of March 6, 2019. The current moratorium is set to expire in early September 6, 2019. The moratorium as enacted, is intended to provide sufficient time for the Town to consider the recommendations of ongoing traffic studies, a parking study in the Love Lane area and the completion of the Town Comprehensive Plan. During the course of the moratorium the Town has met with New York State Department of Transportation officials to determine which of the various proposed improvements to the infrastructure the State would deem acceptable and willing to implement or allow the Town to Southold Town Board Regular Meeting August 27, 2019 page 36 implement. This analysis remains ongoing. In addition, the draft Town Comprehensive Plan has been completed and is now open for public comment. The final adoption of the plan is anticipated to occur by the end of year 2019. The Town Board wishes to be able to consider the proposals and recommendations contained in the various aforementioned plans; consider various alternatives to current zoning along Main Road; as well as implement improvements to the infrastructure and adopt any recommended land use changes, to insure the health, safety and welfare of the community to address the recent drastic increased demands on the infrastructure in the area around the Main Road/Love Lane Intersection and surrounding area. An extension of the moratorium is necessary to complete this function. Given the reasons and facts set forth above and until the planning process is completed, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character,public health, safety and welfare of the residents of the hamlet of Mattituck as well as those visiting the Love Lane area. Section 2. ENACTMENT OF A TEMPORARY MORATORIUM Until six (6) months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the six (6) month period, no agency, board, board officer or employee of the Town of Southold including but not limited to, the Town Board,the Zoning Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the property situated along State Route 25, bounded on the West by intersection of State Route 25 and Bay Avenue and bounded on the East by the intersection of State Route 25 and Pike Street. Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND SURROUNDING AREA" The State Route 25 and Love Lane intersection and surrounding area is hereby defined as the area bounded by the following public roads: All properties along State Route 25 in the hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and State Route 25 and Pike Street on the East. Section 4. EXCLUSIONS This Local Law shall not apply: 1) to any person or entity who/which has; prior to the effective date of this Local Law, obtained all permits required for construction of a building on any property located in the State Route 25 Love Lane Intersection and Surrounding Area including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium. 2) To any permit or application regarding a single family dwelling unit to be used solely for residential purposes. Southold Town Board Regular Meeting August 27, 2019 page 37 3) To any application by a municipal corporation or special district or fire district. Section 5. AUTHORITY TO SUPERCEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this Local Law is intended pursuant to Municipal Home Rule Law sections I0(1)(ii)(d)(3) and section 22 to supercede any said inconsistent authority. Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b (2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the person's or entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of this Southold Town Code applicable to such use or construction. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. -✓„Vote Record-ResolutionRES=2019=164 aa 2 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled El Withdrawn wn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter Q ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover D ❑ El ❑ ❑ Town Clerk's Appt Louisa P.Evans Seconder _ CEJ ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter Q� ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-765 CATEGORY. Property Acquisition Purchase DEPARTMENT. Land Preservation FI Utility Co 3.-7-3 Open Space Acquisition Elect to Purchase/SEQRA Southold Town Board Regular Meeting August 27, 2019 page 38 WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of open space fee title to a certain parcel of property owned by Fishers Island Utility Company, Inc. on the 27`" day of August, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-3.-7-3. The address is No # East End Road on Fishers Island. The property is located in the R-120 Zoning District and is situated on Middle Farm Pond at the easterly end of Fishers Island,New York; and WHEREAS, the proposed acquisition is for fee title of the undeveloped parcel that is approximately 5.4± acres (subject to a Town-provided survey). The purchase price is $480,000.00 (four hundred eighty thousand dollars). The acquisition will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels for the purpose of establishing parks, nature preserves, or recreation areas 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; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation 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; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire this undeveloped parcel; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase this parcel; and, Southold Town Board Regular Meeting August 27, 2019 page 39 WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase open space fee title to vacant land owned by Fishers Island Utility Company, Inc., identified as parcel SCTM #1000-3.-7-3. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board have determined that this action is consistent with the LWRP. °✓Vote'Itecoril"- 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay ! Abstain Absent ❑ Tabled El Withdrawn James Dmizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter ID ❑ i ❑ ❑ ' ❑ Tax Receiver's Appt Jill Doherty Voter [a ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A Russell Voter ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost 2019-766 CATEGORY. Advertise DEPARTMENT. Town Clerk Advertise for Deputy Town Comptroller RESOLVED the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Deputy Town Comptroller. ✓Vote'Record'-Resolution,RES=2019-766 ' 121 Adopted - - - - -" - j Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dmizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 0 0 ❑ Southold Town Board Regular Meeting August 27, 2019 page 40 ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder lZ ❑ ❑ ❑ ❑ Rescinded Scott A Russell Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2019-767 CATEGORY. Budget Modification DEPARTMENT: Accounting 2019 Budget Modification- Capital(Peconic Playground) Financial Impact:Establish budget for ADA upgrades to Peconic Playground WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the Park and Recreation Fund Budget and authorizes the establishment of the followinlz Capital Projects and.amends the Capital Bud;;et as follows: Increase Rev_ eneus: CR.2770.10 Park &Recreation Subdivision Fees $65,001 Total $65,001 Increase Expenditures: CR.9901.9.000.100 Interfund Transfers-Capital $65,001 Total $65,001 Capital Project Name: Peconic Playground- ADA Improvements Financing Method: Transfers from the Park and Recreation Fund and the Community Development Fund Budget: Revenues: H.5031.09 Interfund Transfers, Community Development $195,000 H.5031.54 Interfund Transfers, Park and Recreation 65,001 Total $260,001 Southold Town Board Regular Meeting August 27, 2019 page 41 Appropriations: H.7110.2.500.400 Peconic Playground- ADA Improvements $260,001 Total $260,001 ✓.Vote,Record-Resol'otiori RES,- j; 0 Adopted ❑ Adopted as Amended ❑ Defeated j Yes/Aye No/Nay Abstain Absent ❑ Tabled -- -- -- ------------ ----------- ----- ❑ Withdrawn James Dinizio Jr j Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P.Ruland { Seconder 0 ❑ j ❑ ❑ ❑ 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 Motion To: Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed at 7:34 PM in order to hold a public hearinjZ. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell VI. Public Hearinjjs PH 8/27 - 7:00 PM - Open Space - FI Utility Co This public hearing was closed at 7:39 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Robert Ghosio,Jr. COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN 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 #1000-3.-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. Southold Town Board Regular Meeting August 27, 2019 page 42 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 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice here, a copy of the legal notice published in the New London Day, a notarized affidavit that this was published in the Suffolk Times and a signed affidavit that this was noticed on the Town Clerk's bulletin board and on the town website. And in case anyone is wondering, that is the aerial photo of the lot that we are talking about, outlined in red. Supervisor Scott A. Russell SUPERVISOR RUSSELL: Would anyone like to comment on to the Town Board on this acquisition that is being proposed on Fishers Island? UNIDENTIFIED: I would just ask one question, what is the elevation? SUPERVISOR RUSSELL: The elevation of the parcel? I can't speak to that but I can say it is environmentally sensitive substantial amount of wetlands with a buildable area. Justice Louisa P. Evans JUSTICE EVANS: And Middle Farm Pond is a tertiary water supply source. Supervisor Russell SUPERVISOR RUSSELL: Anybody else? (No response) Southold Town Board Regular Meeting August 27, 2019 page 43 PH 8/27 7:00 Pm - Chapter 280,Accessory Apartments This public hearing was closed at 8:45 P.M. with written comments to be accepted for the record up until the next Town Board meeting on September 10, 2019. Resolution No. 2019-763 was tabled for 2 weeks RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Ghosio COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 16th day of July, 2019, a Local Law entitled "A Local Law in relation to an Amendment to Chanter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 27" day of August,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 an Amendment to Chapter 2_80, Zoning, in connection with Accessory Apartments in the Town of Southold" which reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning, in connection with Accessory Apartments in the Town of Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L.No. 8-1989; 11-29-1994 by L.L. No. 25- 1994; 11-29-1994 by L.L. No. 26-1994; 5-13-1997 by L.L. No. 8-1997; 7-17-2007 by L.L. No. 15-2007; 6-15-2010 by L.L.No. 2-2010] (6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a rental permit in accordance with § 280-13D and the following requirements: (b) One of the dwelling units shall be occupied exclusively by tThe owner of the existing dwelling shall oeeupy one of the dwelling units as the owner-'s pr-ineipal ese. The other dwelling unit shall be leased for year-round occupancy, Southold Town Board Regular Meeting August 27, 2019 page 44 evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1200 4-,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (1) The dwelling which is converted to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued at least ten (10) years prior to applying for an accessory apartment T.,,,,,avy 1, ''nn'', or proof of legal occupancy prior to that date. (g) No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwellinlz unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and BuildinIZ Code. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L.No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L.No. 26-1994; 12-27- 1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20-1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L.No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-2010] (13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: [Amended 4-24-2018 by L.L. No. 3-2018] (a) The accessory apartment shall contain no less than 350 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall oeeu Eeither the existing single-family dwelling unit or the accessory apartment in the detached accessory structure shall be occupied exclusively by the owner of the premises as the ^WfieA pFineipal -esiden The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: Southold Town Board Regular Meeting August 27, 2019 page 45 pefinit shall bear-the notarized signature of the owner-and eentain the fell infoffnatiew Fa t€ of birth and telephone nu bef of the eym(e) in the evepA the a r (b) The address of the subject property including street address and Suff-elk County Twi Map number-. > > limited liability eempany of Othe''Tbusiness entity, the name, address and telephone number-er- of eaeh owner-, pr-ineip,1 „ff;,.er sh rehol,aer- partner o member-of suebusiness (,al ) The name(s) and telephone ntiniber-(s) of all tenants. (e)A copy of the lease agreement between owner-and tena (f) A copy of the certificate of occupancy or preexisting eeffifieate of oeeupaney fof the prepeft,. (2) The ov,%er-of an aeeessofy apartment within an existing one family dwelling shall, ifl. addition to the i„f;.rinatio required in § 280 131)(1)(x)t4ffe g (1) provide , i4ifieatiem that the existing dwelling or-aeeessor-y apartment is aeoupied by!he Ow and that the piemi— is eeinplianee with all of the provisions of the Gode of the Town of Southold, the laws and sanitavy and housing r-egula4ians of the County e S ffnuixolk and the,laws of!he-State-oNew York. pursuant to § 740 13B(13) shall, in addition tot e in f n,natie required in S 240_ 13D(1)l.,1+b,r,,, Tl, (1),provide ee,-+;fieatio that! [Amended 17_5_7017byL.L. No 7 (a) The existing single family dwelling or-the aceessofy:apaFtment in the ae—so. struet„re ; oeeupied by the owner-as the ownef's r p l r sidenee (b) The other-dwelling ;t on the subject r eft, s to be oeeu,;ed by either-., family aiiiiy inembefor- individual "o is euFfently on the Southold To A ff r-d ble Housing Registfy and eligible for plaeement. (e) Rents ehar-ged to a tenant ftem the Affor-dable Housing Registry shall not e)ie the r-ent established by the Teyffl Beafd annually pursuant to § 280 30F of this (.l) The dwelling ;+ , in eoinplianee with .,11 of the provisions of the Code of the Town of Southold, the laws and sanitafy and housing i:egula4ions of the County of Sti�lk and the laws of the State ef'New Yefl.E.. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I do have a signed, notarized affidavit that this hearing was noticed in the Suffolk Times and also the same for being noticed on the Town Clerk's bulletin board and on the town website. A letter Southold Town Board Regular Meeting August 27, 2019 page 46 from Suffolk County's Office of Department of Economic Planning and Development that this is a matter for local determination as there is no apparent significant county-wide or inter- community impacts. I do have an email from the Planning Director, Heather Lanza, regarding the Planning Board referral of Local Law concerning Accessory Apartments, the Planning Board has not yet had time to review this local law and is requesting more time to comment due to their schedule. Their next work session is September 9 and they will be able to provide comments after that date, if that is okay with the Town Board. I have a letter here from the Southold Town Housing Advisory Commission, `Dear Supervisor Russell and members of the Town Council, The Housing Advisory Commission met on August 22, 2019 and reviewed the proposed code change to section 280-13 use regulations as they relate to accessory apartments in the principal dwelling and accessory apartments in accessory structures. The members of the HAC unanimously recommend that the Town Council support legislation restricting occupancy in accessory apartments both in the principal dwelling and in accessory structures to renters who are either family members of the owner of the residence or tenants who are on Southold Town's Affordable Housing registry. The Town's current regulated rental limits are sufficient enough to stimulate private investment and the income qualification for the affordable housing registry is sufficient enough that most full time residents of Southold Town can qualify. Currently a regulated two bedroom apartment unit can be rented out for $1,878.00 per month. A single individual who makes up to $104,200.00 per year qualifies for the affordable housing registry. A family of four who makes up to $148,800.00 per year qualifies for the affordable housing registry. Keeping the rental regulations the same for both accessory apartments in principal structures and apartments in accessory structures will make the town code simpler to use and easier to understand than if there are different standards of review. The HAC does not oppose the proposed code changes to the square footages of the units or the removal of the requirement that the property be the owner's principal residence.' And that is all I have. Supervisor Russell SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular local law? Bob Hanlon, Orient BOB HANLON: Bob Hanlon, Orient. We need more housing opportunities. Our children and people who work in our shops, our trades, our fields, our restaurants, our institutions often cannot afford to live here. When there are no homes within reach, they have to leave to find jobs closer to where they live. Most cannot yet afford to purchase houses. So increasing apartment stock is a more effective approach. The town code currently allows creation of two types of accessory apartments to help address the problem. The first type is within existing single family homes and can be rented to anyone at market rate. The second type is in accessory structures, garages, barns etc. and can only be rented to family members or those eligible for affordable housing. The town is proposing several changes in the rules that govern all accessory apartments. We do need to change the existing rules because they do not work well enough. The proposed changes do not solve the problem in fact, it will make the situation worse. Currently all accessory apartments can only be rented on property that is the owners principal residence. The proposed changes would eliminate that requirement for both categories. Currently the reporting requirements that ensure the apartments and outbuildings are reserved for family members or affordable housing. The new code would also eliminate that safeguard. Southold Town Board Regular Meeting August 27, 2019 page 47 These changes have a significant impact on our community. One problem is speculation. An increasing number of houses purchases are by people that are not interested in living here, even part time. They buy up multiple properties for high rent, seasonal use and short term rental, even though that is not allowed. Speculation purchases that convert houses to seasonal rentals reduce the number of available year round apartments. This reduction of supply drives up rental prices and makes the situation even worse. We have always welcomed our part time neighbors but we cannot afford to become a mere handful of full timers. That is not much of a community. The proposed code amendments say you cannot rent out both the accessory apartment and the main dwelling unit but with the removal of the principal resident requirement some will be tempted to monetize their property to the max. With the removal of reporting safeguards, it will be even harder to identify and enforce against those violating the code. We have already witnessed the fiasco of a short time rental code that is unenforceable. Creating apartments primarily in hamlet centers is a clear goal in the draft comprehensive plan and serves to help our housing crisis while retaining the rural nature of the rest of our community. The proposals do nothing to promote the location of additional apartments in and around hamlet centers. The proposed code would allow the conversion of nearly every house in Southold into a two family dwelling, over 99 percent. But a wholesale down zoning of the entire town is not the way to achieve our goals. We are a community larger made up of modest, one family homes. This is in keeping with our rural history and tradition. In general, our zoning laws limit where multi-family dwellings can be built. Not on every rural lane and every development. We are not and don't wish to become Queens. Not that there's anything wrong with Queens, I used to live there but I decided to live here. It's different. Additionally, the method the Town Board used in proposing these changes is also seriously flawed. The new code was raised for the first time two weeks ago at a town board work session and the same night put on the calendar for this hearing. It was never reviewed at code committee, the usual practice. Nor was it referred for input from the ZBA, the Housing Advisory Committee though I note that they have responded and I am glad of that, though I disagree with their analysis. The Economic Development Committee or any of the civic or community groups that have a high stake in the shape of our housing. The only groups asked to comment were the town and county planning boards despite urging that it be referred to other interested parties and expert parties. Where did this unusual and inappropriate procedure come from and why is the rush? The current program for creating accessory apartments doesn't work. In the past 15 years, only 27 units have been legally created for affordable housing or owners families. The number of market grade apartments also remains very small. We need to revamp and improve the system but we need to carefully analyze which aspects of the current program work and which do not. We need input from all the departments, committees and community organizations that have expertise in this area. We need to give the public a real opportunity for input into changes in our policy and its implementation, not just a token hearing after the proposal is cast in concrete. The current approach is another example of the Town Board's pattern of rule-making without adequate planning or broad expert and community involvement. It has the potential for serious unintended consequences. We should go back to the drawing board, this time let it be a thorough collaborative effort. Randy Wade, Greenport RANDY WADE: Randy Wade, Greenport. I am just unclear, are you throwing out the rental permit process that had previously been proposed? There's no rental permit that's going to be required now? Southold Town Board Regular Meeting August 27, 2019 page 48 SUPERVISOR RUSSELL: Actually no, in fact the rental permit is one of the reasons why we (inaudible) for accessory apartments within dwellings and for accessory apartments in separate structures. MS. WADE: The reason I ask is the code proposal has crossed out lines everywhere it relates to the permit. SUPERVISOR RUSSELL: That has to do with redundancy with the rental code but if you look at section 13 b, you'll see that although the criteria stays the same, including annual verification of the residence, in fact because it's a ZBA condition the town has the authority to verify the compliance at any time. MS. WADE: Okay, so that is how the protection against short term Airbnb's? SUPERVISOR RUSSELL: Short term Airbnb's are covered under a separate section of the code. The rental permit that we adopted several weeks ago was another tool to help us address that issue which admittedly has been difficult, although I should point out that after that code point we did get substantial compliance with the code right out of the gate and we have been getting some compliance as we go and knock on doors and find that people have been operating continuously, although the violation, we have challenges there, probably cause and all of that but we are working on those. MS. WADE: Have violations been issued? SUPERVISOR RUSSELL: That is completely separate (inaudible). MS. WADE: Okay, and I don't understand why the maximum would be 750 square feet rather than say 1,000 square feet. If we were looking to house more than a single person or a young couple, you know, if we want volunteer firefighters they might have a child. COUNCILWOMAN DOHERTY: We changed that to match NY State code, so it's more consistent with NY State. It doesn't mean that it has to be that small, that's as small as it can be. MS. WADE: No, no, in one section... COUNCILWOMAN DOHERTY: Oh, max, okay. SUPERVISOR RUSSELL: There has to be a threshold because we still want it to be accessory to the principal structure, so there has to be a point where the accessory structure size has to be limited because again, intends to make it an accessory to an existing principal structure. TOWN ATTORNEY DUFFY: The code defines a dwelling as 750 square feet (inaudible) so if you have (inaudible) and then the dwelling (inaudible). Southold Town Board Regular Meeting August 27, 2019 page 49 MS. WADE: I just don't see how a couple with a child would, you know, find more housing, that's what we are having trouble with. COUNCILWOMAN DOHERTY: That's part of the reason we are changing this, if you have someone say that has a big house and doesn't need that, they can move into the accessory and have that as their dwelling (inaudible). MS. WADE: I noticed. That was a nice change. COUNCILWOMAN DOHERTY: So it actually creates more... MS. WADE: But the primary can only be 1,600, oh, used to be 1,600. Now you have reduced it to 1,200 and that also seems not necessary. Because it shouldn't only just be small houses that becoming two families. . SUPERVISOR RUSSELL: That's a minimum. The minimum. In other words, the minimum house size used to be 1,600 square feet.... MS. WADE: Oh, okay. SUPERVISOR RUSSELL: We dropped that to 1,200 square feet. MS. WADE: Okay, good. SUPERVISOR RUSSELL: Inaudible. MS. WADE: And the other thing I didn't understand, is the structure to become two family had to be in place ten years and I can understand you don't want speculation but it seems like there should be a percentage that they should be able to expand if they are going to be two family that would be reasonable. SUPERVISOR RUSSELL: We need to be perfectly clear, this does not permit two family houses. One of the units needs to be rented to a primary resident, one of the units to be held for the exclusive use of the owner. MS. WADE: But that's still two families living there, one is the owner, one is the tenant. SUPERVISOR RUSSELL: It's a principal dwelling with accessory use. Not the same as two family dwelling. Also, the fact is (inaudible) was to focus on the existing housing stock. You are allowed to expand the size of the house to some extent to accommodate for the new dwelling, sorry, the new accessory apartment, (inaudible), you allow to expand to a certain extent. However, the idea was to focus on the existing housing inventory, not create new. MS. WADE: So is it in a different part of the code, that you can expand it a little. Southold Town Board Regular Meeting August 27, 2019 page 50 SUPERVISOR RUSSELL: No, it would be in the same section of the code, section 280-15. Several pages (inaudible). MS. WADE: That's not in the agenda today? SUPERVISOR RUSSELL: No, the items in the agenda are the sections of the code that we propose to change. MS. WADE: Okay, great. And so, I was just curious what would happen if an owner had multiple properties and they put them say in different relatives names and said I am living in this one, my wife is living in that one and somebody else... SUPERVISOR RUSSELL: They are retaining one of the units for their exclusive use then that's the intent of the code, to make sure that that isn't being rented to separate parties. It's still (inaudible) if there's a primary resident or the owner, as long as he holds one of the units for his or her exclusive use,that is the intent of the code. MS. WADE: And then the permit applicant.... SUPERVISOR RUSSELL: The accessory apartments in existing dwellings would be covered under the rental permit, the accessory apartments in accessory structures would be basically under two separate categories, first the provisions that were in place for 13 b which I mentioned that is annual qualification, annual verification. All of those things. Inaudible be subject to a rental permit. So there's (inaudible) MS. WADE: Okay. Okay. And I hope you delay it a little while, I would love to know what the Planning Board thinks. Patricia Moore, Esq. PATRICIA MOORE: Good evening, Patricia Moore, I am not here on behalf of any clients, I am here as a homeowner and as an attorney. I do support your proposed changes, I think that the Town of Southold is in dire need of accessory apartments. I unfortunately have to do evictions and through the eviction process, there are just people that can't find any other place to live and that's just the reality. So I do support any effort that the Town Board undertakes to increase housing stock for apartments. I do support the change that you made to the code because in this case it would allow snowbirds, who are technically possibly residents of Florida or other states for tax reasons, they can't be, it can't be their principal residence and secondly I support because second homeowners, many of them, well, I won't say many, I don't know that there's that many people that want to do this, put in an accessory apartment. I have had one in 30 years that asked and that was a second homeowner, they had liked the idea of providing affordable for the community as well as the protection that a homeowner, that an occupant of an accessory apartment provides year round supervision and protection to the property, so it had two positive aspects to that individual. And second homeowners might find that that is a good use of their property. A couple of questions that I had just for clarification, is this use also allowed in R-40, one acre zoning? Because it refers to AC, R-80 and so on but it doesn't refer to R-40. Southold Town Board Regular Meeting August 27, 2019 page 51 TOWN ATTORNEY DUFFY: Section 40 refers back to.... MS. MOORE: Okay, so the referral back from AC, that's fine. Good. Another point, I would agree with the young lady that spoke about the 10 year, I hope that eventually you will take that out of the requirements, because I just don't see a lot of applications, I don't see a lot of accessory apartments that are being offered and to the extent that y ou can allow somebody to possibly build an accessory building allowing for an accessory apartment, again, it allows for another housing stock. An opportunity. The other issue that I had was the insistence on one bathroom, it never made any sense to me, I had a client that had a handicapped spouse, the reality was that every time his wife would go to the bathroom as a handicapped individual, it might take a while, you want to give that person privacy, particularly there might be home care that might be necessary and when we went to the zoning board because of the limitations here, the zoning board would not grant that second bathroom. If you just allowed for a half bath, so it was 1 '/z baths,just allow a toilet and a sink, if you had a 750 square foot apartment, the person has a bathroom for themselves by the bedroom. There might be a need just for a simple half bathroom access for guests or even when two people have to go at the same time. Those things happen. So I would hope that you might consider allowing for a bathroom that doesn't, under the health department regulations, bathrooms do not trigger additional sanitary needs and I never understood that requirement. In general, I think that you're proposed changes are good ones and I do encourage the board to, and I understand we operate in little piece at a time over many years and this is going back to at least 04, and there has not been a hue and a cry and a change to the character of the communities due to the accessory apartments being offered. So I think that what you have proposed is certainly helpful and I appreciate your efforts to provide for housing to younger community, really it's, we just don't have enough rentals. I encourage you to do this. Thank you. SUPERVISOR RUSSELL: For the record, public record, I want it noted that at 8:02 PM on August 27"', Pat Moore actually agreed with us on something. MS. MOORE: I come very often on code changes and I actually support them, I specifically come and support those changes I think are good changes. Thank you. SUPERVISOR RUSSELL: Thank you. Anne Murray, East Marion ANNE MURRAY: I'm Anne Murray from East Marion and I'm actually happy that the Town Board is acting on this but I think you are going a little too fast and it deserves more discussion in the community as well as among the different committees in the town. My issue with it is ,short term rentals, I think you leave a loop hole here when you are taking out `an owners principal residence' I understand what Pat is saying, that people may be snowbirds and their principal residence is in Florida which is fine but it does leave a loophole for investors to buy multiple homes, do accessory apartments and rent them on Airbnb. How would you know? You wouldn't necessarily, so this could be something that investors are looking at and very easy to take advantage of. Southold Town Board Regular Meeting August 27, 2019 page 52 SUPERVISOR RUSSELL: If I could just address that... MS. MURRAY: Sure. SUPERVISOR RUSSELL: Of course, like I said, you and I have met in the past about the Airbnb but there's no reason to think that required principal residence would stop you know, surreptitious behavior to rent on Airbnb. In fact, I can think of several that had been doing that for some time although it was the principal residence of the owner. Don't forget, that when this code was drafted years ago and there was a requirement for a primary residence, that was prior to a rental code. So now we do have regulatory authority over the rentals, so again, there's a firewall of protection here and the enforceability is no different now than it was if we kept the primary residency still in place. MS. MURRAY: Okay, I see your point but I still think, you know, we have more and more (inaudible) coming into town and it's just, you know I wonder 10 years from now what we are going to have. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Leroy Heyliger, Mattituck LEROY HEYLIGER: Leroy Heyliger from Mattituck. I am member of the Mattituck-Laurel Civic Association and I find something a bit upsetting to me about the Fishers Island property. We've been before the board and I've been before the board numerous times about the Reeve property which now has been, we are awaiting the plan of the developer and also the property on New Suffolk Avenue has been before the board for a long period of time, almost two years and I've been before this board a couple of years about the Reeve property and August 13th, the board went to their annual visit to Fishers Island and they came back with this proposal and you got it. I kind of find that a little disturbing to me, first they were here for the proposal, they were fighting against the Briarwoods property, now it's changed to the lighting company and it says here `whereas the proposed acquisition purchase price is $480,000 for 5.4 acres, whereas the property is listed on the towns community preservation project plan list' I would like to see or like to know what about the Reeve property? Is it on the list... SUPERVISOR RUSSELL: I would love to discuss that with you but this is the public hearing at this juncture for the proposal to change the accessory apartment code. I would be happy, after we finish the public hearings to have you discuss that in length and then ask all the questions. Greg Doroski, Mattituck GREG DOROSKI: Greg Doroski from Mattituck. While I absolutely support the need to create apartments, rentals in general, affordable apartments in particular, I was wondering if you could maybe just comment while this transition from the work session to the public hearing so quickly without going to the code committee, without allowing the planning board to weigh in,just for our education. SUPERVISOR RUSSELL: We had actually referred it to the planning board first, Mr. Hanlon misspoke when he said it was two weeks ago, we actually noticed this for a public hearing July Southold Town Board Regular Meeting August 27, 2019 page 53 16`x', six weeks ago I believe. We had referred it to the planning board. I can't speak to why they didn't have time to review it, usually within a month is plenty of time for them. I know they are busy with the comp plan, however, code committee meeting, the simply, if there are challenging issues and we need to get consensus or the board needs to have time to weigh in but we discussed it at work session and there was no board member that raised any issue, the questions or concerns that were raised at the table were addressed in the draft legislation. MR. DOROSKI: It seems like though it could make sense to at least consult with the planning board before you draft the code and have them comment on the code that you are drafting, no? SUPERVISOR RUSSELL: We sent it to the planning board for comment. Everything that gets proposed sends it to them for comment. Like I said, this was referred to the Planning,Board, I can't speak to why they didn't have time to review it. Usually 30 days or so is more than sufficient time for them and I believe this was referred probably six weeks ago. I can't, again, I can't speak to why they didn't get a chance to comment. MR. DOROSKI: Yeah but I think the point is, should you have asked them to weigh in on it before you actually wrote the code. That's the point. SUPERVISOR RUSSELL: Submit the draft to them? MR. DOROSKI: Yeah. SUPERVISOR RUSSELL: Usually the draft gets proposed and then it gets sent to the Planning Board for recommendation, the Planning Board needed more time. The Board, I believe, will probably have the intent tonight to close the hearing, not take action on it. close it for public comment and then open for written comment, at that point the Planning Board would make a recommendation. MR. DOROSKI: But isn't that the point of the code committee? To have them weigh in? SUPERVISOR RUSSELL: It depends on the circumstance. There is no formalized requirement to go to code committee on all matters. Many matters we don't. MR. DOROSKI: It just seems like on a complex matter like this where people are bringing concerns about short term rentals, you know, the locations of these things, it may make sense to have you know the Planning Board weigh in, the Affordable Housing Committee weigh in. No? SUPERVISOR RUSSELL: The Affordable Housing Committee, the change that was originally proposed was about creating an inventory of apartments, it wasn't an affordable housing issue, it was about creating an inventory of apartments. That is irrespective of affordable, I can appreciate their comments with regard to they think all the apartments should be part of the affordable housing registry, the problem is we are trying to promote accessory apartments in homes. If you look at maximum income eligibility for the registry, it's $104,000 for a single individual, and then the land owner, the property owner would be required to charge him no Southold Town Board Regular Meeting August 27, 2019 page 54 more than $1548 a month. That's an exercise in futility. You will not create affordable apartments if you subject the landowners, the property owners to those counts and frankly, it's unrealistic and I don't think the public supports that. MR. DOROSKI: Yes, yes absolutely and I don't want to necessarily debate the merits of the proposal, it's more than just the point of getting them to weigh in because you did and has since changed the rule, you know, there was an affordability requirement beforehand and that's what they are reacting to and it seems like it would make sense if you are going to do that, to at least consult them before that's done. SUPERVISOR RUSSELL: I just want to speak to, there was no affordability component before, there never has been. Accessory apartments in principal dwellings, there was never an affordability component, in fact, accessory apartments in separate structures, the code is identical. There was no change there. Except for I will tell you, we did change the code in 2018 to make it easier for someone to create an accessory apartment to meet our affordable housing goals. MR. DOROSKI: I think though, the Affordable Housing Committee raises some of the concerns with maybe the lack of clarity with the whole code not being published and that again, is more of a process issue but kind of beyond the scope of that. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? Benja Schwartz, Cutchogue BENJA SCHWARTZ: Good evening, Benja Schwartz. Can I ask what the definition of family in the context of this law is? I am curious how far, maybe we have ancestors from Africa or something. SUPERVISOR RUSSELL: Directly related through marriage or.... TOWN ATTORNEY DUFFY: Inaudible. MR. SCHWARTZ: But it's a part of this proposal that the rental will be limited to either affordable rental or family member, so I would like to see that clarified.... SUPERVISOR RUSSELL: There's none there, again, there is no affordability component to accessory apartments in principal dwellings. There is no affordability component. It is creating stock, it's creating.... MR. SCHWARTZ: I thought the, excuse me, I thought I read something in there that the accessory apartment could only be rented to family members or through the affordable housing registry. Is that not correct? SUPERVISOR RUSSELL: That is the code as it already exists, for accessory apartments only in accessory structures. If you want to build an accessory apartment in a separate structure, that Southold Town Board Regular Meeting August 27, 2019 page 55 needs to be limited to the occupancy of the family member and that is defined in the code, you have the right to a complete definition (inaudible) will get you or it needs to be rented to someone on the affordable housing register. There's restrictions because we are allowing (inaudible)... MR. SCHWARTZ: You are saying you are not, you know, you haven't explained it in this context because you are not changing it, in other words. SUPERVISOR RUSSELL: Correct. Inaudible. MR. SCHWARTZ: I think it's important to understand the whole thing. the other thing I have been wondering about and in the context of this new attempt at producing more housing in the town, has there been a report or any review of the performance so far of the rental permit law and the short term rental laws? Do we have anything other than it seems to,just opinion, have you reviewed any specific figures on either of those laws? SUPERVISOR RUSSELL: The data? MR. SCHWARTZ: Yes. SUPERVISOR RUSSELL: Yes. Of the, what we identified as I think 643 Airbnb's, what we have identified is probably 2/3 of those coming into compliance with about 1/3 continuing to operate. With reference to the rental code, the application was just due in August. There is not going to be any data yet with regard to the success of that. MR. SCHWARTZ: So the data on the affordable,the short term rental thing... SUPERVISOR RUSSELL: It's not scientific. It's doing the best we can to estimate. You are essentially trying to estimate people who are violating the town code. That's not easy to do. MR. SCHWARTZ: But you could, you know, keep track of how many people have been prosecuted under that statute etc. So the figures you just gave, is there a document that we could... SUPERVISOR RUSSELL: No. We are actually getting one done.... MR. SCHWARTZ: Well, I am just trying to get more information on that. SUPERVISOR RUSSELL: Inaudible. MR. SCHWARTZ: I don't know if it's so separate. SUPERVISOR RUSSELL: It's all anecdotal though, Benja. That's all I can tell you. There's no way to document, it's not like we can send a survey and say, hey, tell us if you are living within the code or if you are violating it. You are not going to get an honest response. Southold Town Board Regular Meeting August 27, 2019 page 56 MR. SCHWARTZ: If the code enforcement department is enforcing that law, they must be keeping track, I would hope they would be keeping track of how well it's working. COUNCILWOMAN DOHERTY: Benja, we are really getting off track of the topic of the public hearing. Can we have... MR. SCHWARTZ: I don't think so, no, I don't think we are getting, in fact, I brought this up because this was relevant in this context. If you don't agree with that, you know, that's your opinion. COUNCILWOMAN DOHERTY: It's not part of this code though. MR. SCHWARTZ: It is. COUNCILWOMAN DOHERTY: It's a separate section of the code. The rental code is a separate section of the town code. MR. SCHWARTZ: The Supervisor has brought up the rental permit several times, saying that that is the basis of adopting this code without worrying that it's going to be violated, that that's part of the enforcement mechanism for this new code. So I believe it's extremely relevant and I think it's one of the things that should have been considered. If your saying it's not relevant, that indicates to me that the two of you have a disagreement there. COUNCILWOMAN DOHERTY: I am not saying it's not relevant to the whole section of the code, I am saying it's getting a little off the topic of the specific code change that we are talking about tonight. MR. SCHWARTZ: Okay. Well, it was raised by the Supervisor and I think he is the chairman of the meeting. I think I got my answer. SUPERVISOR RUSSELL: The rental code was raised by me,yes. MR. SCHWARTZ: Yes, thank you. Meryl Framer, Architect MERYL KRAMER: Hi, my name is Meryl Kramer, I am a Mattituck resident and also an architect in the Town of Southold and I, my observation is, although I am very much in support of making the accessory apartment code clearer, I was listening to other people's comments and I do want to echo just a couple of aspects. As an architect, I find a lot of times when people want accessory apartments, they are looking at existing structures and it's hard to make an accessory apartment in a structure smaller. If you have a 750 square foot maximum, then if the structure itself if larger then it's hard to meet the code and then you have to go to zoning and I am wondering if there is a way to change the language to say, you know, your goal is to make it smaller, make it an accessory to the principal structure. So if the language could cater to that goal rather than just giving a specific number. The number seems arbitrary, I would say the minimum is matching the state code but he maximum might just reference smaller than the Southold Town Board Regular Meeting August 27, 2019 page 57 principal residence and therefore meet your goal. So that was my one comment on that and the second is again, the bathroom. I echo what Pat Moore was saying because oftentimes people do have very specific health reasons for, my family included, we need to have two bathrooms in our house even if one is a powder room, it's very important. The other things about the 10 years, again, I understand about speculation but at the same time, sometimes I would have a client that was renovating a house and was getting a new certificate of occupancy and part of it is, again, I see the need to, if they wanted to have an accessory apartment, this could be a limitation to being able to provide that. So I echo people's comments that maybe the language needs to be amended to go another route to different agencies that are affected in order to refine it. Thank you. SUPERVISOR RUSSELL: I do appreciate your comments but everything you addressed is actually part of the existing code, that wasn't something that was new. The one bathroom limit wasn't inserted, under the current code you can have an accessory apartment up to 40% of the principal structure. The reason again we capped at 750 was because 750, once you go beyond that it would be a separate dwelling and there's the two family standard that we are trying to.... MS. KRAMER: Right, but I am just saying if you are going to go ahead and amend it, let's maybe amend more than just what you are proposing or change the language that you are proposing. If you are going to amend it, let's amend it. SUPERVISOR RUSSELL: And you are allowed to expand the home by I think I believe 25%. So you are allowed additional construction to accommodate for the apartment, of the 25%. MS. KRAMER: Thanks much. SUPERVISOR RUSSELL: Who else would like to address the Board on this particular local law? Bob Hanlon MR. HANLON: If I may just follow up, Supervisor Russell, you indicated that section D was being struck because there is already provision for enforcement under 280-13 B and that the rental permit application, the rental permit code and the application deals with that as well. In the section that you are striking, section D the requirement was that for rental apartments and this is especially pertinent for rental apartments that are for family members or affordable housing, that the application had to include the name and telephone number of all tenants, a copy of the lease agreement between the owner and the tenant and a copy of the certificate of occupancy. The, in the rental permit application, there is no requirement to give any information about the tenant. So under the old system there was an ability to understand who the tenants were so that an inspector or someone else had the ability to determine if that was the person who was supposed to be there, a family member, someone who is eligible for the affordable housing list. That provision is removed. The rental permit application itself, as I said, has no information about tenants. The enforcement provision that you referred to in that says, `the chief building inspector, zoning inspector and town personnel that are engaged in the enforcement of the provisions of this chapter- are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter into property for the purposes of said Southold Town Board Regular Meeting August 27, 2019 page 58 inspections.' To expect that said inspector is going to be able to figure out and know who the people are, whether they are family members or not, whether they fit the affordable housing criteria and get the documentation that relates to that, I think is not very promising. There was a reason why the code had the provisions for the tenants, we have a standard that has been set and the ability to see if we can verify that that standard is being met. We have had problems with the, with documentation and proof issues and if you have an inspector going around saying are you a family member, yes, no, prove it to me; I think we are going to have the same kind of problems we are having with the short term rental. Removing the safeguards doesn't help the getting affordable housing and family members apartments covered well. In fact, that will undermine it. SUPERVISOR RUSSELL: I would disagree because again, there is a verification process that goes through our essentially the affordable housing administrator, Denis Noncarrow, he has a list at any time to verify. On top of that, the town has the right to verify at any time that there is compliance with the Zoning Board of Appeals decision because it's a condition of the approval. That doesn't have to be on an annual basis, it could be every six months. It could be at any time someone believes that this might not be consistent with that ZBA decision. At any time, we can ask for verification to prove that that's a family member, when they rent to someone from the affordable housing registry, we are identifying who that person is, who is going through the registry, so we know if they are living there or not. And we can verify, we can ask, we can require verification from the owner. MR. HANLON: Under the current structure, you are requiring someone who is proposing to rent to someone from the affordable housing person or family member to give a name and to give a lease. Under the new structure, there is no requirement that they give any information to anyone including the ZBA or to the inspector and you are suggesting that the inspector or the ZBA can do a spot inspection and ask for someone's papers, for proof of relationship, ask for a copy of the lease while they go around. In addition, as we create a situation where we are removing principal residence as a requirement, the likelihood that the owner is there and able to provide information to the inspector is dramatically diminished. If we have those papers on file, then at least we have something to at least give us a basis to start to believe that they are complying with the requirements of the accessory building rentals. SUPERVISOR RUSSELL: Can I just ask you to refer to section 13 b-1, the owner of the premises shall occupy the pre-existing single family dwelling unit or the accessory apartment and the detached accessory structure as the owners principal now, you know, not principal anymore but singular occupation, the other dwelling unit shall be leased for year round occupancy evidenced by a written lease for a term of one or more years to a family member, a resident who is currently on the Southold Town affordable registry. Then of course, the compliant, the rent charged to the resident (inaudible) shall not exceed the rent established by the Town Board. But they need to provide a lease, they need to identify the persons who is occupying the dwelling because it's going to be identified on the lease. That's the same (inaudible). Southold Town Board Regular Meeting August 27, 2019 page 59 MR. HANLON: Is the lease going to be required to be provided before the permit is issued? That's not what the permit application says. The permit application doesn't have any of that. SUPERVISOR RUSSELL: Are you talking about the accessory apartments in... MR. HANLON: Accessory buildings, not in the home. The home is a free, the home is a market rate apartment and anyone can live there. That's not the issue. The issue is the accessory apartment in the accessory buildings, the ones that are supposed to be reserved for family members and for affordable housing eligible people. SUPERVISOR RUSSELL: And they are required to provide the lease which would verify who the tenant is. COUNCILWOMAN DOHERTY: And they would still have to (inaudible) MR. HANLON: The lease is not part of the rental permit application. COUNCILWOMAN DOHERTY: No, it's a separate part of the code. SUPERVISOR RUSSELL: I don't know how much clearer I can make this. The other dwelling unit shall be leased for one year occupancy, evidenced by a written lease for a term of one or more years. A family member, a resident who is currently on the affordable housing registry. As you know, as an attorney, the tenant is identified on the lease. MR. HANLON: The lease is going to be required to be provided before they get approval. SUPERVISOR RUSSELL: Yes. That's a condition of the ZBA. MR. HANLON: Then I would urge you to change the rental permit application to include it as well. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? (No response) Since we are in the public hearing, there are a couple of comments in want to make. First, with regard to the accessory apartments in the accessory structure, all the criteria, all the restrictions, the same enforcement, verification requirements, all in place. That has not changed. The originally primary residence was a provision to protect the intent of the legislation. However, that was prior to a rental code. It was also prior to a property maintenance code which this Board adopted. This gives us a (inaudible). The idea this is harder to enforce than the primary resident versus the accessory structure is again, it's you know, why, we have to verify the occupancy of both or either. Also, the housing chapter as you said promotes apartments in the hamlet centers, however, it does not have the exclusion of others. In fact, the same chapter recognizes the need for a variety of housing types. Speculators, no evidence to back that up. It's unlikely that someone is going to spend $600,000 or $700,000 because they can have accessory apartment now. And as you said, Mr. Hanlon, that the local people aren't buying these houses, in many instances you are correct. That's the problem. At least if they Southold Town Board Regular Meeting August 27, 2019 page 60 want an accessory apartment even if they don't live here year round, if they built an accessory apartment it has to be to a principal, primary residence. Giving that family at least an option of possibly staying and not moving. The fact of the matter is, a family starting out, I hear this over and over again, we just need for a place to live. There are single parents raising children, there's young families just starting out, there's a need to create the housing. Current code, you had said just a week ago, I know Mr. Doroski says well the current code is not working because only 27 apartments have been approved since 2004, what you failed to mention was the reason only 27 apartments were approved by the ZBA was because we eliminated the need for the approval by the ZBA at the first part of the year 2010 which was the same year we created the accessory apartment/accessory structure code. But look, I am going to be candid, I am sorry. You oppose the amendment yet concede that the code needs revision. You put a great deal of effort in pointing out everything that's wrong with what we are providing, it doesn't look like you put any effort into coming up with a solution. Now, I get it's the campaign season and rock throwing is part of the campaign but when all you are doing is throwing rocks and not coming up with solutions yourself, all you are offering the community is rocks. This community does not need rocks, it needs housing and it needs housing now. MR. HANLON: I think I have tried to avoid specific criticism having to do with the election per se but since you have raised the issue about this, my biggest concern is and the reason I don't come forth with a proposal of my own about accessory apartments is because I realize that I don't have all the answers and I think as I said, in the piece that I just read a few minutes ago, the issue about taking on a major policy issue like a change in our we zone our houses in general and how we create a very needed addition to accessory apartments requires bringing in many players into the process. My, I wouldn't think to try and suggest that I know better than the dozens of people who should be involved in the process corning up with it. I think the notion that something gets drafted, is brought to the work session and then comes up for a hearing, never having been before to the ZBA, not yet getting a response from the Planning Board, not getting any input from the Housing Advisory Committee initially although obviously they asked or chose on their own to give it, not getting any input from the community organizations that have an interest in this. my concern is that this kind of deep policy that we have been struggling with for a long time, should be built from the ground up, not drafted within the rooms of Town Hall without bringing in more minds to it. I can think of different approaches and I have no idea whether my approaches are right and I wouldn't think of proposing those until I consulted with a wider range of people and my biggest complaint is that this Board is not consulting with enough people to come up with a proposal. I want more accessory apartments and maybe we should let accessory apartments exist in any homes in this town that wants them. Maybe we should do that but I think it needs a little more discussion, especially since your comp plan said that we should be focusing apartments in the hamlet centers, this doesn't do that in the slightest. And the answer may be it's too big a problem, even though that's a nice idea but we can't do that and maybe we'll get multiple apartment buildings in hamlet centers and maybe having apartments in homes is okay. I am not saying it's not okay but I want to have more discussion about it before we make these changes in the code and some of these changes are going to have unintended consequences, not across the whole town, every building is not going to flip to two family; that is not realistic but some neighborhoods are going to see speculators doing things we don't like and the code will allow it. I am not saying all these aspects of these changes are bad by any means, Southold Town Board Regular Meeting August 27, 2019 page 61 what I am saying is it wasn't developed in a way that gets you the best input to figure out the best way to do it. And I am leaving the election out of it because if I was going to the election, I had other things to say and I am not doing that. and I think if you think that I'm standing up here and focusing my attention here and on other things I have said and written on elections, you are ignoring what I have been doing for the past 14 years. I have been in this town and you know how many meetings I come to and you know that I appeared before this Board year after year on issues that had nothing to do with an election. I have never run for public office before and my proposals to this town have never been driven by my aspiration or ambition about public office. my- comments have been driven because I care about this town and I think it's unfair of you when you have seen the pattern that I have engaged in to suggest this is an election ploy. COUNCILMAN GHOSIO: I have never seen you this engaged, I mean, yes, you come to many meetings and you have been involved and I will agree with that but the difference between what you used to do and all of a sudden showing up every two weeks at the Town Board reading a prepared statement just makes it opportunism for the election. MR. HANLON: You know something, Bob? SUPERVISOR RUSSELL: That's you're right but with regard to public input, what do you think I've been doing over the past 14 years? I've met with the community development alliances, I have met with the Affordable Housing Committee, we proposed legislation and adopted legislation to promote apartments within the hamlet centers but you need to read the housing code in its entirety. It doesn't just talk about apartments in hamlet centers, it talks about a variety of housing stock. And again, the reason that I felt like we didn't move forward, which was fundamentally one change which was to go from primary residence to exclusively (inaudible), exclusively for their residence. That's the one principal change and the reason I felt comfortable moving forward with it is because I have been dealing with this issue for years, I have been getting input for years, I have been dealing with all the different groups that have been struggling to try and create housing'and more importantly, I've been dealing with all the people walking into my office looking for housing. Every single week, we have people that are struggling. They are not necessarily going to qualify for the affordable`housing registry, they just don't have a place to live and we need to have. How much more input do I need after getting that input day after day, week after week, month after month, year after year? I sat in almost every single meeting of the housing chapter, so I am familiar with the challenges, I have worked with the groups to try and create affordable housing and other types of housing, so I am familiar with all of these. So, okay; point taken you wouldn't presume to know everything without getting input from others but your suggestion that we are rushing this is presumptuous because it assumes we haven't been getting the input from others and we have been getting the input all of the time. I have been wrestling with this all the time and we need the housing. We can sit here and say let's get the community together, let's develop solutions. We can still do that, the code can always be amended time and time again but at the same time, don't bury this under the idea of community discussion and groups, this group and that group, and delay it for months and months and months. That's the problem. The affordable housing crisis is now, not six months from now, not a year from now.Now. Southold Town Board Regular Meeting August 27, 2019 page 62 MR. HANLON: And to that point, the ZBA has been dealing with the issue for years and the Housing Advisory Commission has been dealing with this issue for years and when this meeting came up, scheduling the public hearing and I asked you why was it only being sent to the Planning Board, you said, well, if any of those other agencies want to come in and say something, they can. Those are agencies that were directly charged with dealing with affordable housing and you didn't see fit to refer it to them for a formal comment. As I said, affordable housing did weigh in on it, the Board didn't see fit to ask them their opinion. And to Bob's comment, I read probably 50 written comments at this Board. I don't just stand up here and wing it and when I was on the Board of the Orient Association and speaking for myself, I came in every time with a prepared written comment because I really try hard to think about what I am saying so to suggest that all of a sudden these written comments and written articles are something to do with, I have had half a dozen articles written in the Suffolk Times, never having anything to do with political stuff, all carefully thought out and written. So please don't suggest my behavior has changed.... COUNCILMAN GHOSIO: Your appearances sure have changed. MR. HANLON: My appearances have short changed? SUPERVISOR RUSSELL: We are getting into, he has the right to come, he has the right to say whatever he wants, so you know what, I brought up the politics issue, I'll withdraw that. Let's get along without the politics issue. But at the same time.... Benja Schwartz BENJA SCHWARTZ: Thank you, Scott. As Nancy would say, aiyayay. But I am a little confused, my understanding and you haven't contradicted it yet is that under the rental permit law does not require a renter to submit a lease to the town. The person who is renting the property has to apply for a rental permit and get a rental permit but the person who is going to live there is going to be the renter, they are not known to the town. So it seems to me that the enforcement then, if somebody is not in the affordable housing registry or whatever would be through our wonderful complaint process and I object to that. I would rather, if the town is going to have a law and a requirement, I would rather it be administered by the town without imposing on the neighbors the requirement to be complaining, filing complaints about their neighbors. That is true of many of our current laws in town and I don't think we need to add another law that is going to be designed to be enforced by public, members of the public complaining. SUPERVISOR RUSSELL: We are not creating.... MR. SCHWARTZ: Hopefully it won't be me. SUPERVISOR RUSSELL: We are not creating accessory apartment legislation, we are making changes to it. MR. SCHWARTZ: And one of the changes is eliminating the requirement for the identification of the renter. Southold Town Board Regular Meeting August 27, 2019 page 63 COUNCILWOMAN DOHERTY: It is still in there, identification of the affordable housing registry we have that in the section and that (inaudible) and that has to go through our government liaison. The rental code, you do not need it... MR. SCHWARTZ: And the accessory apartment code you don't need it. SUPERVISOR RUSSELL: Yes, you do. You need to (inaudible).verify the primary residence of the tenant, if I am not mistaken. MR. SCHWARTZ: Is that in the law? Can you tell me where it is in the law? And you are not taking it out? SUPERVISOR RUSSELL: It's 280-13-650. MR. SCHWARTZ: The lease is required, the lease would be required to be on file. SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: I hope so. SUPERVISOR RUSSELL: The rental unit needs to be held exclusively for a person that is a resident of Southold Town. MR. SCHWARTZ: I know but there's a lot of laws out there, if the town is not going to be the one verifying the compliance and enforcing them, then it is, the burden shifts to the community and the neighbors are required to complain about... COUNCILWOMAN DOHERTY: We are not taking that out of the code. SUPERVISOR RUSSELL: We are not touching that. That's been in the code since the accessory apartment law was created. We didn't add that or move that or anything else. MR. SCHWARTZ: That's not what I am hearing. SUPERVISOR RUSSELL: That's why we are trying to clarify. Who else would like to address the Town Board on this particular local law? Mike Cortese,Mattituck MIKE CORTESE: Mike Cortese, I live in the hamlet of Mattituck. A density problem, so far as someone has 1/3 of an acre, has an apartment in the house and then has an accessory building, will that be, you know,that seems like the density is three families living in a very small space. SUPERVISOR RUSSELL: They wouldn't be able to have both. They can only have an accessory apartment in the home or an accessory structure, you are not allowed to have more than one accessory apartment on the property. Southold Town Board Regular Meeting August 27, 2019 page 64 MR. CORTESE: Oh, so it's the building or the apartment. Is that written in there? SUPERVISOR RUSSELL: Yes. MR. CORTESE: Okay, thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this local law? Benja Schwartz MR. SCHWARTZ: Scott, if I may, just one point. I am looking here at this section here, the other dwelling unit shall be leased for year round occupancy, evidenced by a written lease for a term of one or more years to and then there is a colon and I can't find anything after the colon. COUNCILWOMAN DOHERTY: That's not in the, it's not changing that part of the law so we don't have the whole law printed in there. SUPERVISOR RUSSELL: There are no revisions to that. MR. SCHWARTZ: That's what you put into the end of this section, so there's another, that's what you put in the agenda. Bob Hanlon MR. HANLON: I want to apologize, I overlooked the issue on the section you just referred to. And I apologize for that and it seems as if, at least in this provision, there is a requirement for a lease and I am assuming that what you are suggesting and I am hoping it is true, is that that lease has to be produced when the matter is referred to the ZBA and the ZBA keeps a record of that lease. That is not clear from the procedures and that's not clear in the rental permit law that is existing now and I did not see that and I apologize for that mistake. That doesn't change my view about the other implications about what this law has and let me say again, I am not opposed to increasing more apartments and this, the direction we are going may even be an okay direction and the one we need to go to but I believe it needs better input as indicated in my statement. Supervisor Russell SUPERVISOR RUSSELL: Fair enough. Who else would like to address the Town Board on this local law? (No response) PH 8/27 7:00 Pm - LL Moratorium on Route 25, Mattituck This public hearing was closed at 9:10 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Councilman Ghosio Southold Town Board Regular Meeting August 27, 2019 page 65 COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 30th day of July, 2019, a Local Law entitled, "A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the 27th day of August,2019 at 7:00 p.m. at which time all interested persons will be given an opportunity to be heard, and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review. The proposed Local Law entitled, , "A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" reads as follows: LOCAL LAW NO. 2019 A Local Law entitled, "A Local Law in relation to the six (6) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for the parcels of property in "The State Route 25 Love Lane Intersection and surrounding area" . BE IT ENACTED by the Town Board of the Town of Southold, as follows: Section 1. Purpose Moratorium Extension The Town Board recognizes that in the area of the intersection of State Route 25 (a/k/a "Main Road") and Love Lane there is insufficient infrastructure to handle the drastic increase in traffic in recent years and to allow for the safe passage of pedestrians to safely cross Main Road at the Love Lane intersection as well as at other intersections immediately to the East and West of the aforementioned intersection. This lack of infrastructure puts the health, safety and welfare of the public at risk. The residents of the hamlet of Mattituck and the surrounding areas have voiced their concerns regarding the risk to the health, safety and welfare of the community and the need for improvements to the infrastructure at the intersection of Main Road and Love Lane. Similarly, local business owners have identified the traffic issues along Route 25 and Love Lane as having a negative effect on local businesses. A six (6) month moratorium was enacted by the Town Board of the Town of Southold as Local Law 1-2019, on February 26, 2019, with an effective date of March 6, 2019. The Southold Town Board Regular Meeting August 27, 2019 page 66 current moratorium is set to expire in early September 6, 2019. The moratorium as enacted, is intended to provide sufficient time for the Town to consider the recommendations of ongoing traffic studies, a parking study in the Love Lane area and the completion of the Town Comprehensive Plan. During the course of the moratorium the Town has met with New York State Department of Transportation officials to determine which of the various proposed improvements to the infrastructure the State would deem acceptable and willing to implement or allow the Town to implement. This analysis remains ongoing. In addition, the draft Town Comprehensive Plan has been completed and is now open for public comment. The final adoption of the plan is anticipated to occur by the end of year 2019. The Town Board wishes to be able to consider the proposals and recommendations contained in the various aforementioned plans; consider various alternatives to current zoning along Main Road; as well as implement improvements to the infrastructure and adopt any recommended land use changes, to insure the health, safety and welfare of the community to address the recent drastic increased demands on the infrastructure in the area around the Main Road/Love Lane Intersection and surrounding area. An extension of the moratorium is necessary to complete this function. Given the reasons and facts set forth above and until the planning process is completed, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the hamlet of Mattituck as well as those visiting the Love Lane area. Section 2. ENACTMENT OF A TEMPORARY MORATORIUM Until six (6)months from the effective date of this Local Law, after which this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the six (6) month period, no agency, board, board officer or employee of the Town of Southold including but not limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning Board , or the Building Inspector(s) issuing any building permit pursuant to any provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any approval, special exception, variance, site plan, building permit, subdivision, or permit for any of the property situated along State Route 25, bounded on the West by intersection of State Route 25 and Bay Avenue and bounded on the East by the intersection of State Route 25 and Pike Street. Section 3. DEFINITION OF "THE STATE ROUTE 25 LOVE INTERSECTION AND SURROUNDING AREA" The State Route 25 and Love Lane intersection and surrounding area is hereby defined as the area bounded by the following public roads: All properties along State Route 25 in the hamlet of Mattituck, bounded by the intersection of State Route 25 and Bay Ave on the West and State Route 25 and Pike Street on the East. Southold Town Board Regular Meeting August 27, 2019 page 67 Section 4. EXCLUSIONS This Local Law shall not apply: 1) to any person or entity who/which has,prior to the effective date of this Local Law, obtained all permits required for construction of a building on any property located in the State Route 25 Love Lane Intersection and Surrounding Area including later applications to repair or alter, but not enlarge, any such building otherwise prohibited during the period of this temporary moratorium. 2) To any permit or application regarding a single family dwelling unit to be used solely for residential purposes. 3) To any application by a municipal corporation or special district or fire district. Section 5. AUTHORITY TO SUPERCEDE To the extent and degree any provisions of this Local Law are construed as inconsistent with the provisions of Town Law sections 264, 265, 265-a, 267, 267-a, 267-b, 274-a, 274-b, and 276, this Local Law is intended pursuant to Municipal Home Rule Law sections I0(1)(ii)(d)(3) and section 22 to supercede any said inconsistent authority. Section 6. VARIANCE TO THIS MORATORIUM Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b (2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the person's or entity's premises or a portion thereof from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of this Southold Town Code applicable to such use or construction. Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. I have a notarized affidavit that this hearing was noticed in the Suffolk Times, I have a notarized affidavit that this was noticed by the Town Clerk's office on the bulletin board and the website. I have a memorandum from the Planning Board office, `thank you for the opportunity to provide comments on the above mentioned local law. The Planning Board supports the proposed legislation.' From Andrew Freleng, Suffolk County Planning, "on the question of SEQRA to the original moratorium, pursuant to 617.5, the adoption of a moratorium is exempt from SEQRA review.' This was an email sent to Mr. Freleng. That's all I have. Supervisor Russell SUPERVISOR RUSSELL: Who would like to address the Town Board on this local law? Southold Town Board Regular Meeting August 27, 2019 page 68 Denise Geis,Mattituck DENISE GEIS: Denise Geis, Mattituck. I am here today to ask Scott Russell and the Town Board to extend the moratorium that is set to expire on September 6t" for another six months. I believe the moratorium should be extended for many reasons, 1. The traffic is already overwhelming and dangerous on the Main Road and any further building would only increase traffic. Most locals already feel trapped in their homes especially Friday through Monday. I rarely go out on the weekends, it is absolutely ridiculous and any more building on that Main Road until we figure out something about working with the traffic is just absolutely unacceptable. You already take your life in your hands if you try to cross the Main Road by foot or bicycle. Yesterday I tried, I was in front of East End Sporting Goods and I tried to get across the Main Road. I literally was there at least eight minutes if not more and I had to run across the road. There was no older person that is going to walk across that road and not get run over. We need absolutely no more traffic in that area. I also feel that we need to stop and think before we allow any more of our rural character to be destroyed. It's just, I know things change but they are just changing too quickly and I think we need to stop and look before we make any more, I would consider mistakes, and let anything else be built on the Main Road. I really hope the Town Board takes into consideration what's best for the town as a whole and not what's best for a couple of people. Again, I really ask that the Town Board extend the moratorium for another six months. Thank you. Hank Brinkman HANK BRINKMANN: My name is Hank Brinkmann, I along with my family own the property on the corner of Main Road and New Suffolk Avenue. I have read the resolution and have questions for the town in regards to (inaudible) stated in the resolution. In the resolution (inaudible) it's indicated that the moratorium is needed to consider the recommendation of ongoing traffic studies. What ongoing traffic studies are underway? SUPERVISOR RUSSELL: 1 will not comment because of pending litigation. TOWN ATTORNEY DUFFY: Inaudible. MR. BRINKMANN: Who is conducting these studies? SUPERVISOR RUSSELL: I will not comment based on pending litigation. MR. BRINKMANN: When are these studies anticipated to be completed? SUPERVISOR RUSSELL: You are welcome to (inaudible)but I will not comment. MR. BRINKMANN: These are legitimate questions and these questions should be answered before this moratorium is voted on. What other studies has the Town performed since this moratorium was enacted in February? Has the Town received any final reports from these studies that can be made available for public review? What studies do you anticipate completing? The moratorium being proposed tonight is enacted. When do you anticipate the Southold Town Board Regular Meeting August 27, 2019 page 69 studies will be completed? In the resolution, it states that the Town has met with the NYS Department of Transportation officials to determine which of the various proposed improvements to the infrastructure the state would deem acceptable and be willing to implement or allow the town to implement. How many meetings has the Town had with the NYS Department of Transportation? What are these proposed improvements? How do these proposed improvements affect the zoning of this area? The resolution states that the moratorium is needed to consider various alternatives to the current zoning along this road. What are these various alternatives? And finally, what properties other than the one located at 12500 Main Road in Mattituck have had applications that the town has refused to process or permits that the town has refused to issue because of this moratorium is enacted. I take that as another no comment? SUPERVISOR RUSSELL: Yes. Anne Smith,Mattituck Civic Assoc ANNE SMITH: Good evening, Anne Smith Mattituck-Laurel Civic Association, also a resident of Mattituck and I am here to speak in support of the extension of the moratorium. I do want to thank the town for the work they have done so far, in making the traffic study, working with the civic association, in particular the concept that we have been discussing to be sure (inaudible) including stakeholders. (Inaudible) town support and support from out County Legislator. So I am really just here to say thank you and I agree with your reasoning for extending and feel the work you have done, particularly with the extensive meetings we have done locally on the comprehensive plan and I think those specific goals and objectives for each hamlet (inaudible) do warrant at least six months of careful consideration as you prepare to adopt the comp plan and then very carefully prioritize and start to implement those goals and objectives and once again, as I said last time, I am here to help and appreciate that you are giving this the right amount of breathing room that everyone that lives in that area really believes strongly in. Thank you. Adam Brinkman ADAM BRINKMANN: Adam Brinkmann, also one of the owners at 12500 Main Road Mattituck. My family and I arrived on the corner of New Suffolk and Main Road, I respect the town code. The building requirements on the North Fork are very restrictive. My family and I have absolute respect and appreciation for the zoning code and its initiatives. That's why when we were looking to relocate our successful local family business, a paint store in Jamesport, we studied the Southold Town building code and looked for an available property that could be purchased and developed in compliance with that code. No easy task, as only 1.8 percent of the land in Mattituck is going for commercial use. We identified the corner of New Suffolk and Main as the only option that would both suit our business and also be available for purchase. We made a deal with B and B, the then owner of the property and signed a legally binding contract. We signed that contract December 2, 2016, nearly three years ago. Any interested parties, including Southold Town could have done the same. The property was publicly listed for sale and has changed hands multiple times in the last ten years. My family signed the contract, put $70,000 down payment, we invested additionally $250,000 in developing the property. A year and a half's time passed, it was only then the town expressed interest in purchasing. However, we had closed on the property in order to avoid losing hundreds of thousands in family money. Southold Town Board Regular Meeting August 27, 2019 page 70 Statements have been spread about this land and our intentions. There is misconception that the code allows only 6,000 square feet of building to be built on our property and that my family is looking to grossly exceed what the code allows. This is completely false. We, the Brinkmanns are not seeking a zoning change. We are not seeking a variance, we are not seeking a parking relaxation, we are not seeking green space waiver. All we need is a special exception from the Planning Board, special exceptions, there is a presumption in the law that our proposed use is compatible with the zoning and the town's comprehensive planning. We are simply seeking to exercise our property rights to build our store. Our project and proposal left the town with no valid legal grounds to (inaudible) to exercise our rights, that is why they resorted to instilling this moratorium. A building moratorium is typically imposed town wide. This moratorium has been imposed on one mile of road with my family's property right in the middle of it. Make no mistake about it, this moratorium has been targeted directly at my family and our business. I believe the town hopes that by enacted this moratorium and pursuing the land taxes, that I and my family will fold up, pick up and go away. We are not going away. We are in this for the long haul. This is not about opinions, this is not about a hardware store, this is not about a park, this is about private property rights, principle and the rule of law. Thank you. SUPERVISOR RUSSELL: Who would like to address the Town Board on this particular public hearing? Charles Grilli,Mattituck Civic Assoc CHARLES GRILLI: Charles Grilli, Mattituck-Laurel Civic Association. The Association is very much in favor of the extension of the moratorium and would hope the Town Board will continue to look at traffic safety, bicycle safety and pedestrian safety, as its first priority. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Jean Schweibish Matt. Civic Assoc JEAN SCHWEIBISH: Jean Schweibish, Mattituck. I am just going to come out and say that I am in favor of the extension of the moratorium but I do have two other things to say, the first is that I am sorry to see that the Brinkmanns are here, considering the fact that they are suing the town, I think it's kind of in poor taste and I also would like to say that I was in attendance at two hearings that Mattituck Laurel civic held that the Brinkmann's were at that the community said that we would love to see you here in our community, just not on that corner. It is a hellish corner for people to get in and out of, it's an area that is well traveled which everybody knows whether heading east or west on the Main Road, it's an incredibly difficult corner for people. It is a dangerous corner and I think a six month moratorium to address the issues with what is going on traffic wise as we expand the number of people that are using that road is called for and I want to thank the Board for considering extending the moratorium for another six months because I think it is very much needed. Thank you. Carol Donlin, New Suffolk Ave., Matt CAROLE DONLIN: Hi, my name is Carole Donlin, I am a long time resident of Mattituck on New Suffolk Avenue. I would just like to reiterate what Anne Smith said about the Town Board being so careful and giving us all the time that we need, to make sure that this fits in with the Southold Town Board Regular Meeting August 27, 2019 page 71 comprehensive plan that the town has worked so diligently to adopt and again, I support this extension of the moratorium and happy to help in any way possible. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Nicholas Deegan NICHOLAS DEEGAN: Nicholas Deegan, Mattituck. I would like to applaud your endeavor to extend the moratorium because I think its not so much like a car, it's (inaudible) up to the traffic light on Saturday or Sunday evening. Put a hardware store in that location, it's just like, you know(inaudible) and it's the fumes and (inaudible) so you are dealing with combustion engines for a long time in Mattituck(inaudible) the cars are all backed up on New Suffolk to get on the Main Road. Thank you. Lynn Summers, Southold LYNN SUMMERS: Lynn Summers, Southold,New York. At the time I lived in mattituck for 40 years,there was at ime when two banks and possibly three were going to be built and I remember standing up h ere and asking, we need to look carefully at traffic and at that time,we had a moratorium, and to my knowledge, not one of the banks, not anybody who was in the process and they were big, multi-billion dollar banks made any comment. Am I correct in that? When there was a moratorium on that stretch, probably in almost past where the corporate bank was and it extended up that street probably to Wickham Ave. That has been a problematic area for a long, long time. But we are at a critical mass now, and someboedy will be killed, mark my word. And that's the only thing, I think of people and lives, the only ways I ever come to here is for people and their lives. Their quality of lives. I don't think anybody wants anybody to be hurt there and we have to think again and that's why we need to support this moratorium. To do the right thing for people in this town. no matter what political party you are in, we are all human beings and deserve to live quietly and peacefully and safely. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board? Leroy Heyliger,Mattituck LEROY HEYLIGER: Tuesday afternoon I was visiting with my sister-in-law who lives on Factory Avenue, the residential, north section of Factory AVenue and I noticed around 5, 6:00 an uptick on the traffic going down Factory Avenue, waves coming off Old Sound Avenue to Factory Avenue, racing down going over the railroad tracks, going up to the light at the ice cream shop and hitting the Main Road going west and I said, what's going on here? So I drove the other way and a steady stream of traffic coming up Route 25 at the Presbyterian church, that one way street, I guess their GPS were working and they found an easier way to get around the light because the traffic at Sigsbee Road and Factory Avenue was backed up all the way to the library. People were going back west and it made it hazardous to live on Factory Avenue. We have kids up there, we have young children, we have pedestrians and these people are coming around there and speeding down, to get down to that light and make that right turn and go back to where they came from. Thank you. Southold Town Board Regular Meeting August 27, 2019 page 72 SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular matter? Anne Murray ANNE MURRAY: Anne Murray from East Marion. Even though I am at the other end of the town, I think this moratorium is really a great idea because I go through Mattituck frequently and I think that corner is kind of a horror, I am surprised no one has been killed there. I am surprised there hasn't been accidents every weekend and I really think a lot of traffic studies need to be done. Thank you. Benja Schwartz BENJA SCHWARTZ: Benja Schwartz, Cutchogue. For years I have been very scared driving around that corner but it's not only that corner, its the entire stretch along which the moratorium is currently covering. Certainly, the area, intersection of the Main Road and Love Lane, the houses there,they need some help and I am well aware of the studies that have been done there and the proposals, like everybody in the community is. I am surprised that people would purchase the property, not really surprised because it is happening all over town, people purchase the property and they think their right to use their property supersedes the rights of the entire community to use the public infrastructure, transportation and roads etc. And I am appreciative that members of the Brinkmann family came here today, I hope they are listening. I hope they will think twice about trying to impose an aggravation on what is currently a bad situation. I don't use a GPS but I am always looking for an alternative route to get around that whole section of Mattituck. Thank you for your moratorium and your attention. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Meryl Kramer MERYL KRAMER: Good evening, my name is Meryl Kramer and I am a resident of Mattituck and I am in very much in favor of extending the moratorium for all of the obvious reasons that have been coming up. I would also like to say that the moratorium occurring at the same time as the comprehensive plan being adopted is very synergistic, very positive, I think there's a direct relationship and correlation between the two and I think that (inaudible). Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular hearing? (No response) This hearing was closed at 9:10 PM Closing Comments Supervisor Russell SUPERVISOR RUSSELL: That completes the business of the agenda, I am going to ask anybody that would like to comment on any issue to please feel free? Unidentified Southold Town Board Regular Meeting August 27, 2019 page 73 UNIDENTIFIED: I see in the open space that all the land around is owned by the museum, how did that come to be? JUSTICE EVANS: The museum has a private land trust and people donate to it (inaudible). UNIDENTIFIED: That is totally great, it looks beautiful and I would love to visit'but I feel like our,you just voted for it but now I hope you will commit to buying up the property around Moore's woods, the 50 new units for affordable housing, the only new housing in Southold has just been put in what are precious, you know surrounded by precious woods on all sides and wetlands and there are vacant pieces around there that I think are really important that should be preserved. Thank you. SUPERVISOR RUSSELL: I just want to clarify that that affordable housing complex will consume about six acres, it's a nearly 18 acre piece of property.Nearly 11 or 12 will be held in its natural state. UNIDENTIFIED: That's great but if you look at it, looks like a huge... SUPERVISOR RUSSELL: I have been by and I understand visually the starkness of it but I think in time when everything is landscaped and the buildings are constructed, it will make much more sense. It is very difficult to see the fragile wetlands behind it because of the tree line but there's an awful lot back there and it's going to be protected in its natural state. UNIDENTIFIED: Right and again, $500,000 to Fishers Island when they've obviously, there's so much money to protect so much and it would be really nice if Greenport could also,there could be, I mean there's talk about preserving commercial land in Mattituck to have that be green in already dense commercial (inaudible), it's really, a greenbelt is Moore's woods. So I hope you can find some extra money. COUNCILMAN GHOSIO: I don't think it's necessarily finding some extra money, it's a voluntary program. People who own property have to offer it up first. UNIDENTIFIED: There is something on the market. COUNCILMAN GHOSIO: Can you email me or get me the information? UNIDENTIFIED: Sure. Absolutely. Thank you so much. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? Unidentified UNIDENTIFIED: We were traveling and noticed that one of the beaches, it said that the beach was closed from 10:00 PM till 5:00 or sometime, there happens to be overnight camping on weekends at 67 steps in Greenport and a sign would be lovely because there aren't bathroom facilities and if we want camping, we really should put bathrooms in. Thank you. Southold Town Board Regular Meeting August 27, 2019 page 74 SUPERVISOR RUSSELL: I will actually bring that to the attention of the chief of police because actually the beaches close from 10:00 PM till 6:00 AM. UNIDENTIFIED: It's just that we haven't seen signs. SUPERVISOR RUSSELL: I will talk to the highway superintendent and the chief to make sure it gets addressed. UNIDENTIFIED: Great, thanks. SUPERVISOR RUSSELL: Who else would like to address the Town Board on any issue? Nick Deegan NICHOLAS DEEGAN: In light of how hard it is to get people to participate in some of this stuff, town government and all that, and (inaudible) I think it would behoove you not to castigate everybody who comes before you as like, you know somebody (inaudible), I think it might invite participation. SUPERVISOR RUSSELL: I recognize that, I have actually had a good working relationship with Bob for years and I did withdraw and apologize because I recognize I went a path I shouldn't have this evening, I am sorry and I certainly hope I didn't jeopardize my working relationship with him. MR. DEEGAN: I hope not. Okay, thank you. SUPERVISOR RUSSELL: Thank you. Leroy Heyliger LEROY HEYLIGER: I apologize to the Board for jumping the gun, speaking out of turn but the area in Mattituck creek and the environment, the quality of life we have over there and if the Mattituck creek area has been neglected in all these studies and when I see here where it says that the town community preservation project plan list, I am just concerned, is the Mattituck creek on that list? Such an ecological sensitive area, I was talking about the subdivision of the Reeve property where they are going to put three houses or the plan is to put three houses. You have got the marina over there, the water quality is going to be affected. I am just wondering, when the bulldozers come, it's a small piece of property I know but when it's gone, it's gone. And every little parcel that we have here in this town is being eaten up by the developers and our quality of life for all the people that live on Mattituck creek, all the way down to Wolf Pit is going to be affected. So I would like to know how the area there is on this list? Preservation project plan list. I see up west other areas like that, the school children go down there and they study, they sample the water to see what aquatic life is there. Why can't we have something like that, get a report on that. It seems like the north side of Mattituck, our area there, nobody cares or they are worried about the other area, the south side. COUNCILWOMAN DOHERTY: I can answer part of that, I am the liaison for the Shellfish Advisory Committee and before that, Mr. King who was on the Trustees for many, many years, Southold Town Board Regular Meeting August 27, 2019 page 75 has dedicated his life to, has been on that creek for most of his life, to water quality testing and he has done it for years and because of his constant water quality testing and the history on that, the creek has been partially opened. Years ago, on the east side of that bridge, the Trustees did a resolution that no structures will be built on that side of the creek, so there has been some mitigation and I agree there could be a lot more but I wouldn't, I would respectfully disagree to say that nobody cares because as a Trustee years ago and as a clerk to the Trustees before that, Mattituck creek has been a priority for many,many years and will continue to be. Not to say that more can't be done but it can be. And I just also want to make another comment about the Fishers Island, this project has been in the works for a long time. It wasn't just when we went over to Fishers Island, we have a process with the Land Preservation Committee and Melissa Spiro had set up and she could be a contact person for you to call and ask some of these other questions, she has a list that she can share and give you a little more education on how that works and let you know how long the Fishers Island thing has been in the works. Louisa, do you know how long it's been? Quite a while, hasn't it? JUSTICE EVANS: Inaudible. COUNCILWOMAN DOHERTY: Yes, so it's been in the works quite a while, so it didn't happen that fast. But Melissa Spiro in the Land Preservation can share that list that we have and the criteria to build that list. COUNCILMAN GHOSIO: I can tell you that chances are, it will be on the list, most open space is but it may not be, I don't know offhand. With that being said, I have always advocated for it and not been ultimately very successful but (inaudible) I think that that would qualify for, the problem of course, is that the owner of the property has to offer it up for preservation. So even if it's on the list, that list is kind of a wish list of what we hope we might be able to get people coming to us themselves, if that was to happen I think at least in my opinion(inaudible). SUPERVISOR RUSSELL: Who else would like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: I was just down there yesterday and, Mattituck creek, the head of Mattituck creek where the Reeve property is and I noticed there were numerous clumps of sea grass up on the beach, dying and I don't think there was a proper environmental impact statement, as a matter of fact, I don't think there was an environmental impact statement done for that rezoning to determine that there wouldn't be any adverse, any negative, bad impacts on the environment because of all the mitigation measures were required but that's what an environmental impact statement process is for, to determine which mitigation measures are available and which should be imposed but to say that we don't need an environmental impact statement because we have already done it, is really unbelievable. If I may, so this is something you might look into, the occurrence of salt marsh die back in that area, you might want to rethink your rezoning. On another subject, resolution 751 tonight, can someone tell me how the 50/50 split of the lump sum payment of now it's called the Harvest Pointe development, when do we expect them to pay this? Do you know? Southold Town Board Regular Meeting August 27, 2019 page 76 SUPERVISOR RUSSELL: They pay proportionally as CO's are issued. In other words, a CO per unit... MR. SCHWARTZ: So the money has been coming in incrementally? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: So if the total is $2,000,000 how is it decided to split it 50/50 between parks and recreation and affordable housing? SUPERVISOR RUSSELL: If we calculate the amount of money that would have been due when they originally bought it, remember it was held up because of changes to the existing code, if you calculate the amount of money that would have been due based on the code at that time, the parks and rec money would have been far greater than the affordable housing because the affordable housing line at the time was much less so we looked at taking the $2,000,000 which was part of a comprehensive settlement and saying we should maybe opportionate based on the code on that time. The problem is a substantial amount would have gone to parks and rec and not much would have gone to affordable housing. And this town is putting a great emphasis on affordable housing. One of the challenges with affordable housing is developers are becoming, the cost of infrastructure, the cost of acquisition, the cost of septic, so now if we can give the affordable housing committee money, they can start developing policies that will offset some of those costs. MR. SCHWARTZ: I agree. Next step I am assuming would be to determine where the parks and rec money would be spent and where the affordable housing money would be spent and seeing as how it was in lieu of providing affordable housing on site at least to some degree, I think, I ask you to consider designated at least a substantial portion of that money to affordable housing int he hamlet of Cutchogue. SUPERVISOR RUSSELL: Okay, that's a good point. MR. SCHWARTZ: Thank you. SUPERVISOR RUSSELL: I did want to mention at the time the application was applied for, the affordable housing buy out was I believe $17,500 per unit. The total buy out cost to him at the time would have been $246,000. But the town did change the code and made the buyout the equivalent of being able to produce an affordable house, so it went from $17,500 per unit up to $233,000 per unit. MR. SCHWARTZ: The issue of regardless of the money, when you are building over 100 units (inaudible).... SUPERVISOR RUSSELL: 124. Southold Town Board Regular Meeting August 27, 2019 page 77 MR. SCHWARTZ: 124 units, it was my understanding the state would require a percentage of them to be affordable and having them as part of the project, I don't know if that buyout is an as of right thing but I am sorry they couldn't put affordable housing somewhere on that property. SUPERVISOR RUSSELL: It's not as of right, it's an option that the Planning Board would have to approve. The challenge with building affordable units in a condominium complex is that based on state law, you can't exempt the affordable units from having to pay part of the carrying charges of the overall facility and once you factor those carrying charges in and calculate the total monthly costs, the affordable housing would have been, it would have undone the whole purpose of affordable housing. There was 14 units I think you have to construct.... MR. SCHWARTZ: Inaudible. SUPERVISOR RUSSELL: The inclusionary zoning at the state level, the town has been way ahead of that with creating inclusionary zoning, under the previous administration (inaudible) TOWN ATTORNEY DUFFY: Just to clarify, the state law just applies to subdivisions, the town code is also applied to subdivision and site plan (inaudible)the state law only applies to subdivision. MR. SCHWARTZ: The site plan and it was a condominium, not single and separate ownership. Each single and separate house there is owned by the association,the outside, and the land and based on the rules that were passed by some very clever real estate developers many years ago in New York State law, those houses are now paying approximately 1/3 of what similar houses in the community are paying in taxes. SUPERVISOR RUSSELL: It's what they call 339 Y of the New York State property tax law that requires condominiums be assessed based on their ability to produce rental income rather than a fair market value. It's also embodied in what they call 581 of real property tax law. It's fair market value based on an income stream not based on purchase price or comparable accounting. MR. SCHWARTZ: I understantt af "l h`,J'iiM trying to get to is there any way that we can impose some kind of additional tax on condominiums to equalize the playing field so that we're not paying their taxes, we who are not living in condominiums are not essentially subsidizing... SUPERVISOR RUSSELL: There's a flip side to the equation though because it's 55 and over. The demands on services like schools etc are less... MR. SCHWARTZ: I understand that... SUPERVISOR RUSSELL: We can't impose a property tax at a local level, I would have to get New York State to amend the law that doesn't require a complication of 339Y but the reality is you are not going to get it. Southold Town Board Regular Meeting August 27, 2019 page 78 MR. SCHWARTZ: It's a foregone conclusion if we don't ask for it, we are not going to get it but if we don't fight, I am not in a position to do so but I would think the town (inaudible)perhaps would compile a forecast as to how much tax we would be receiving if those houses were taxed as if they were owned by the people who occupy them. SUPERVISOR RUSSELL: They do calculate that, in fact, for the first two or three years they can tax based on the improvements in place and they do not have to consider the income approach. The income approach comes in I believe about two or three years later. But from the initial stages, they can calculate based on the cost of construction which is what they do. So they can tell you exactly what the fair market value tax rate would be or the total taxable versus the taxable based on 339... MR. SCHWARTZ: Do you want me to submit a FOIL request? SUPERVISOR RUSSELL: You don't have to,just sit down with them. They will show you the difference but you have to remember, it's not always 1/3, sometimes it's half, sometimes its 60 percent. It depends on purchase price, it depends on market, rental values. It depends on a lot of things. But not purchase price, I can tell you that. MR. SCHWARTZ: Thank you. SUPERVISOR RUSSELL: Anybody else? (No response) Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:36 P.M. ' s Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell