HomeMy WebLinkAboutAG-08/10/2021
ELIZABETH A. NEVILLE Town Hall, 53095 Main Road
TOWN CLERK PO Box 1179
Southold, NY 11971
REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145
MARRIAGE OFFICER Telephone: (631) 765 - 1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
AGENDA
SOUTHOLD TOWN BOARD
August 10, 2021
7:00 PM
POLICY: At the beginning of scheduled Town Board meetings, the attending public is
encouraged to briefly address the Town Board relating to agenda resolutions prior to their
enactment; the public will also be given time at the conclusion of the regularly scheduled
business agenda to address the Board on any given topic.
ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting.
The video of the meeting is usually available to watch live during the meeting. Minutes with
adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda
and meeting video can be viewed by going to the official Town of Southold website:
www.southoldtownny.gov and following either of the following:
(1) Move pointer over “Government” on the Town website home page. You will find the title
“Town Supervisor/Town Board”. Under this title you will see “Southold Town Board Meetings
and Agendas”. or
(2) Go to “How Do I”, in the right upper corner of the Town website home page, Choose
“Access”, then “Southold Town Board Meetings and Agendas.
Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the
resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the
meeting by clicking on the camera symbol. All of this information is available 24/7.
If you would like help navigating the site, please feel free to call my office 631-765-1800.
Due to the expiration of the New York State Governor’s Executive Orders regarding the
COVID-19 pandemic in-person access to the Public will now be permitted. The meeting will
still be accessible via Zoom and streamed live on the Town’s website. The meeting can be
viewed live by going to the Town’s website at www.southoldtownny.gov home page. Click on
the “Government” tab, once the drop down menu appears, under “Town Supervisor/Town
Board”, click on “Southold Town Board Minutes and Agendas” which takes the user to the
Town of Southold Meeting Portal page. Once on the Meeting Portal page, click on “June 29,
2021 4:30PM” and then click on “Video”. A recording of the meeting will also air on Channel 22
and will be posted on the Town’s website
Southold Town Meeting Agenda - August 10, 2021
Page 2
Instructions and link to attend the meeting will be available on the Town’s website or by calling
the Town Clerk’s office at (631)765-1800. A telephone number will also be provided to allow
members of the public to attend via telephone.
Written comments and/or questions may also be submitted via email to the Town Clerk at
elizabeth.neville@town.southold.ny.us and Lynda.rudder@town.southold.ny.us . Said comments
and/or questions will be considered at the public hearing provided that they are submitted no
later than 12:00 P.M. (Prevailing Time) on the day of the public hearing.
Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a
transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk
and placed upon the Town's website.
Please check the meeting Agenda posted on the Town’s website (www.southoldtownny.gov) for
further instructions or for any changes to the instructions to access the public hearing, and for
updated information.
CALL TO ORDER
7:00 PM Meeting called to order on August 10, 2021 at Meeting Hall, 53095 Route 25, Southold,
NY.
Attendee Name Present Absent Late Arrived
Councilwoman Sarah E. Nappa
Councilman James Dinizio Jr
Councilwoman Jill Doherty
Councilman Robert Ghosio
Justice Louisa P. Evans
Supervisor Scott A. Russell
I. REPORTS
1. Zoning Board of Appeals Monthly Report
Juily 2021
2. Town Clerk Monthly Report
July 2021
3. Land Tracking Report
2nd quarter 2021
4. Planning Department Monthly Report
April 2021
May 2021
June 2021
Southold Town Meeting Agenda - August 10, 2021
Page 3
II. COMMUNICATIONS
III. PUBLIC NOTICES
IV. DISCUSSION
1. 9:00 AM - Town Clerk Elizabeth Neville, Lynda Rudder and Denis Noncarrow
Town Clerk Permits for 2022-2023
2. Town Attorney
Amendments to Ch. 280- Revisions to Conversion of Existing Space to Affordable Apartments
3. Town Attorney
Property Owner Request for Revocation of AHD Zoning and Revert to R-120 Zoning on Battery
Barlow Property on Fishers Island (SCTM# 1000-12-1-1.2)
4. Supervisor Russell
Update on Contribution Request from Peconic Estuary Program
5. Coastal Erosion Hazard Board of Review Appeal Application
Farther Out East, LLC
6. EXECUTIVE SESSION - Sale, Lease or Acquisition of Certain Real Properties Where
Publicity Could Affect the Value Thereof
10:30 AM - Michael Collins, Town Engineer
7. EXECUTIVE SESSION - Labor - Matters Involving the Employment Contract of a
Particular Corporation
11:15 AM - John Sepenoski
8. EXECUTIVE SESSION - Labor - Matters Involving the Employment/Appointment of a
Particular Person(S)
11:30 AM - Tim Abrams, Department of Public Works
11:45 AM - Chief Flatley
12:30 PM - Mike Verity, Building Department
- Elizabeth Neville re: Town Clerk’s Office
- Community Outreach and Implementation Working Group
- Appointment to Local Development Corporation
- Historic Preservation Commission Admin. Assistant
9. EXECUTIVE SESSION - Labor- Matters Involving Collective Bargaining
PBA
V. RESOLUTIONS
Southold Town Meeting Agenda - August 10, 2021
Page 4
2021-626
CATEGORY: Audit
DEPARTMENT: Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
August 10, 2021.
Vote Record - Resolution RES-2021-626
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-627
CATEGORY: Set Meeting
DEPARTMENT: Town Clerk
Set Next Town Board Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, August 24, 2021 at the Southold Town Hall, Southold, New York at 4:30 P. M..
Vote Record - Resolution RES-2021-627
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - August 10, 2021
Page 5
2021-628
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
West Group Agreement
Financial Impact:
A.1420.4.100.200
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Westlaw Order Forms between the Town of Southold
and West Group regarding a 36-month agreement for the Government Select PRO Flex Plan for
the Town Attorney’s Office in connection with legal research, on-line CLE classes for all
attorneys, and all legal books at a cost of $1,135.01 per month, subject to the approval of the
Town Attorney and funded from budget line- A.1420.4.100.200
Vote Record - Resolution RES-2021-628
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-629
CATEGORY: Refund
DEPARTMENT: Zoning Board of Appeals
Refund - Zuhoski, Bill
RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the
following applicant; as the Zoning Board of Appeals has been notified that the applicant has
withdrawn his application.
Zuhoski Pool Care $250.00 ZBA # 7528
P.O. Box 867
Mattituck, NY 11952
Southold Town Meeting Agenda - August 10, 2021
Page 6
Vote Record - Resolution RES-2021-629
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-630
CATEGORY: Refund
DEPARTMENT: Zoning Board of Appeals
Refund - Zoitas, Andreas
RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the
following applicant; as the Zoning Board of Appeals has been notified that the applicant has
Amended his application.
Andreas Zoitas $2,000.00 ZBA # 7525
1470 Grandview Drive
Orient, NY 11957
Vote Record - Resolution RES-2021-630
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - August 10, 2021
Page 7
2021-631
CATEGORY: Refund
DEPARTMENT: Zoning Board of Appeals
Refund - Sanchez, Ronald
RESOLVED, that the Town Board of the Town of Southold hereby grants a refund to the
following applicant; as the Zoning Board of Appeals has been notified that the Notice of
Disapproval has been amended; therefore, amending variance relief requested.
Ronald Sanchez $1,000.00 ZBA # 7534
18 Spruce Park
Syosset, NY 11791
Vote Record - Resolution RES-2021-631
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-632
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Accepts Resignation of Patricia Faulkner
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Patricia Faulkner from the position of Part Time Senior Citizen Aide II effective July 30,
2021.
Vote Record - Resolution RES-2021-632
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
James Dinizio Jr
Tabled
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Southold Town Meeting Agenda - August 10, 2021
Page 8
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2021-633
CATEGORY: Surplus Equipment
DEPARTMENT: Police Dept
Police Department-
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for bids for two (2) consecutive weeks for the following used
vehicles which are all located at Police Headquarters in Peconic.
LOT A (Minimum bid $300)
Asset #4363 2014 Ford Taurus VIN# 1FAHP2MK2EG127599
Asset #4497 2015 Ford Taurus VIN# 1FAHP2MK1FG126220
Asset #4365 2014 Ford Taurus VIN#1FAHP2MK7EG125801
LOT B (Minimum bid $300)
Asset #4364 2014 Ford Taurus VIN#1FAHP2MK5EG125800
Asset #4339 2013 Ford Taurus VIN#1FAHP2M88DG201710
Asset #4479 2015 Ford Taurus VIN#1FAHP2MK1FG126217
LOT C (Minimum bid $600)
Asset #3929 2010 Ford Crown Victoria VIN#2FABP7BV1AX101515
Asset #4143 2011 Ford Crown Victoria VIN#2FABP7BV1BX169962
Asset #4214 2011 Ford Crown Victoria VIN#2FABP7BV8BX180814
Asset #4217 2011 Ford Crown Victoria VIN #2FABP7BV5BX180897
Vote Record - Resolution RES-2021-633
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled
James Dinizio Jr
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Rescinded Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Southold Town Meeting Agenda - August 10, 2021
Page 9
Lost
2021-634
CATEGORY: Budget Modification
DEPARTMENT: Human Resource Center
2021 Budget Modification- HRC
Financial Impact:
To move funds to cover costs for an outdoor freezer awning required by the Suffolk County Health Dept.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General
Fund Whole Town budget as follows:
From:
A.6772.1.200.100 Part time Employees
Regular Earnings $1,000
Total: $1,000
To:
A.6772.4.400.600 Contracted Services
Equipment Maint/Repair $1,000
Total: $1,000
Vote Record - Resolution RES-2021-634
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-635
CATEGORY: Landfill Misc.
DEPARTMENT: Solid Waste Management District
Southold Town Meeting Agenda - August 10, 2021
Page 10
Adopt Local Solid Waste Management Plan
WHEREAS, the Southold Town Board has completed the Town of Southold Local Solid Waste
Management Plan (LSWMP); and
WHEREAS, the Southold Town Board, pursuant to State Environmental Quality Review Act
(SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type I action
pursuant to 617.4(b)(1) “the adoption of a municipality's land use plan, the adoption by any
agency of a comprehensive resource management plan or the initial adoption of a municipality's
comprehensive zoning regulations;” and
WHEREAS, the Southold Town Board performed a coordinated review of this Type I Action
pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act
(SEQRA); and
WHEREAS, no objection to the Southold Town Board taking Lead Agency for the action was
received; and
WHEREAS, the Town of Southold Local Waterfront Revitalization Program (LWRP)
Coordinator reviewed this application, and has recommended the proposed project be found
consistent with the policies of the Southold Town LWRP; therefore, be it
RESOLVED, the Southold Town Board hereby declares itself Lead Agency for the SEQRA
review of this action; and be it further
RESOLVED, that the Southold Town Board has determined that this proposed action is
consistent with the policies of the Town of Southold LWRP; and be it further
RESOLVED, that the Southold Town Board, pursuant to State Environmental Quality Review
Act (SEQRA) 6 NYCRR, Part 617, hereby makes a determination of significance for the
proposed action and grants a Negative Declaration for the adoption of the Town of Southold
Local Solid Waste Management Plan; and be it further
RESOLVED, that the Southold Town Board adopts the Town of Southold Local Solid Waste
Management Plan and will implement and maintain the solid waste management system as
described in the final LSWMP and that the Town will submit biennial updates.
Vote Record - Resolution RES-2021-635
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
James Dinizio Jr
Tabled
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Southold Town Meeting Agenda - August 10, 2021
Page 11
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2021-636
CATEGORY: Special Events
DEPARTMENT: Town Clerk
Annual Boy Scout Car Show
Financial Impact:
Cost Analysis: $224.00
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Boy
st
Scout Troop 6 to hold its 31 Annual Antique Car Show on Friday, September 3 and Saturday,
September 4, 2021 (rain date Sunday September 5, 2021) from 7:00 AM to 4:00 PM at the
Peconic Lane Community Center, Peconic Lane, Peconic, provided they file with the Town
Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an
additional insured and comply with all the provisions of the Town’s Special Permit Policy. All
fees associated with this approval shall be waived, with the exception of the clean-up deposit.
Vote Record - Resolution RES-2021-636
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-637
CATEGORY: Special Events
DEPARTMENT: Town Clerk
American Legion Car Show
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Southold Town Meeting Agenda - August 10, 2021
Page 12
American Legion Griswold-Terry-Glover Post 803 to hold an Antique Car Show on August 29,
2021 from 9:00 AM to 4:00 PM at the American Legion, Main Road, Southold and a partial
closure of Tuckers Lane, provided the applicant: files with the Town Clerk a Two Million Dollar
Certificate of Insurance naming the Town of Southold as an additional insured; complies with all
the provisions of the Town’s Special Permit Policy, and; complies with all current, or as may be
amended, Executive Orders issued by the Governor of the State of New York in response to the
COVID-19 pandemic. All fees associated with this approval shall be waived, with the exception
of the clean-up deposit.
Vote Record - Resolution RES-2021-637
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-638
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Fishers Island Ferry District
FIFD 7/19/21 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 July 19, 2021
meetings, as follows:
FIFD
Resolution # Regarding
2021 ? 118 Budget Mod
2021 ? 120 Legal
2021 ? 121 Insurance
2021 ? 122 EE Passage
Vote Record - Resolution RES-2021-638
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
James Dinizio Jr
Tabled
Southold Town Meeting Agenda - August 10, 2021
Page 13
Withdrawn
Jill Doherty
Supervisor's Appt
Robert Ghosio
Tax Receiver's Appt
Louisa P. Evans
Rescinded
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2021-639
CATEGORY: Public Service
DEPARTMENT: Town Clerk
Appoint a Temporary Marriage Officer
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert I. Scott, Jr,
as a Temporary Marriage Officer for the Town of Southold, on October 2, 2021 only, to serve at
no compensation.
Vote Record - Resolution RES-2021-639
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-640
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Canon Financial Services - PD Copier
Financial Impact:
A.1680.4.400.360.
Southold Town Meeting Agenda - August 10, 2021
Page 14
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a renewal of the copier lease with Canon Financials
Services, Inc. for the Southold Police Department Copier at a rate of One Hundred Fifty Dollars
and Nine Cents ($150.09) per month, subject to the approval by the Town Attorney, funded from
budget line A.1680.4.400.360.
Vote Record - Resolution RES-2021-640
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-641
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Conifer Realty and Community Development Trust Loan Agreement
Financial Impact:
subordination agreement related to the terms of the loan
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor
Scott A. Russell to execute a subordination agreement related to the terms of the loan between Conifer
Realty and Community Development Trust for the construction of affordable housing in connection with
the site plan application known as “Vineyard View” pursuant to section 34-6(E) of the Town Code and
previously approved under Resolution No. 2018-1016, subject to the approval of the Town Attorney.
Vote Record - Resolution RES-2021-641
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Defeated
Sarah E. Nappa
Tabled
James Dinizio Jr
Withdrawn
Jill Doherty
Supervisor's Appt
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
Southold Town Meeting Agenda - August 10, 2021
Page 15
2021-642
CATEGORY: Special Events
DEPARTMENT: Town Attorney
Special Events Laurel Lake Vineyard 2021 - 42
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
Christopher Richards, East End Events Catering to hold Special Event 2021-42 at the Laurel
Lake Vineyard, 3165 Main Road, Laurel, New York as applied for in Application LLV8a-f for
six (6) wine and food pairing events: August 20, August 21, August 22, August 27, August 28
and August 29, 2021 from 12:00 PM to 6:00 PM.
Provided the permittee adheres to the following condition:
Construction areas must be made off-limits to attendees of the special events. Parking, portable
bathroom trailers, tents and other areas where the public and/or attendees will be parking,
walking or gathering must be safely separated from the construction area.
And furthermore, they adhere to conditions on the application, permit and to the Town of
Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to
comply with any of the conditions of the approval or is unable to properly control traffic flow
into and out of the event.
Vote Record - Resolution RES-2021-642
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-643
CATEGORY: Budget Modification
DEPARTMENT: Accounting
Southold Town Meeting Agenda - August 10, 2021
Page 16
2021 Budget Modification- Town Board
Financial Impact:
To move funds to cover 2021 costs for Peconic Estuary Program
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General
Fund Whole Town budget as follows:
From:
A.1990.4.100.100 Unallocated Contingencies $24,500
Total: $24,500
To:
A.1010.4.500.300 Environmental Contracted Services $24,500
Total: $24,500
Vote Record - Resolution RES-2021-643
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-644
CATEGORY: Refund
DEPARTMENT: Town Clerk
Refund Parking Permit Fee
RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the
amount of $300.00 to Vasiliki Daskalakis, 2070 36th Street, Astoria, NY 11105 for a Non-
Resident Beach Parking Permit that is not being honored in 2021.
Vote Record - Resolution RES-2021-644
Adopted
Yes/Aye No/Nay Abstain Absent
Adopted as Amended
Sarah E. Nappa
Defeated
Tabled
James Dinizio Jr
Withdrawn
Jill Doherty
Supervisor's Appt
Southold Town Meeting Agenda - August 10, 2021
Page 17
Tax Receiver's Appt
Robert Ghosio
Rescinded
Louisa P. Evans
Town Clerk's Appt
Scott A. Russell
Supt Hgwys Appt
No Action
Lost
2021-645
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Cutchogue Fire Department's Stuff the Sleigh 5K
Financial Impact:
Police Department cost = $854.48
RESOLVED that the Town Board of the Town of Southold hereby grants permission to
the Cutchogue Fire Department to use the following route: New Suffolk Road, Grathwohl Road,
thth
Fanning Road, 5 Street, King Street, 4 Street, and Orchard Street to hold its Annual Sleigh 5K
in Cutchogue, on December 12, 2021 beginning at 9:00 AM, provided they adhere to the Town
of Southold Policy for Special Events on Town Properties and Roads. All Town fees for this
event, with the exception of the Clean-up Deposit, are waived.
Vote Record - Resolution RES-2021-645
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-646
CATEGORY: Refund
DEPARTMENT: Town Clerk
Various Clean Up Deposits
Southold Town Meeting Agenda - August 10, 2021
Page 18
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
North Fork Country Club 5/20/21 $250.00
George Haase, Jr
Po Box 725
Cutchogue, NY 11935
Mattituck Chamber of Commerce 5/20/21 $250.00
Kelly Fogarty
PO Box 1056
Mattituck, NY 11952
Vote Record - Resolution RES-2021-646
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-647
CATEGORY: Budget Modification
DEPARTMENT: Human Resource Center
2021 Budget Modification- HRC
Financial Impact:
To reallocate funds to purchase a commercial microwave, office chairs, first aid kit, portable
refridgerators.
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General
Fund Whole Town budget as follows:
Southold Town Meeting Agenda - August 10, 2021
Page 19
From:
Appropriations
A.6772.4.100.150 Contractual Expense
Disposables $1,195
Total $1,195
To:
Appropriations
A.6772.2.500.200 Other Equipment
Chairs $450
A.6772.2.500.700 Other Equipment
Kitchen Equipment 150
A.6772.4.100.110 Contractual Expense
Program Supplies & Materials 500
A.6772.4.100.800 Contractual Expense
First Aid Supplies 95
Total $1,195
Vote Record - Resolution RES-2021-647
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-648
CATEGORY: Budget Modification
DEPARTMENT: Accounting
2021 Budget Modification- HRC
Financial Impact:
Allocate donations to program line
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2021 General
Southold Town Meeting Agenda - August 10, 2021
Page 20
Fund Whole Town budget as follows:
Increase Revenues:
A.2705.40 Other Donations $4,540
Total $4,540
Increase Appropriations:
A.6772.2.500.600 Senior Program Equipment $4,540
Total $4,540
Vote Record - Resolution RES-2021-648
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-649
CATEGORY: Affordable Housing
DEPARTMENT: Town Clerk
Set Pricing for Affordable Housing Units
RESOLVED that the Town Board of the Town of Southold hereby sets the maximum initial
sales price and maximum allowable monthly rent for 2021 for affordable housing units as
follows:
Home Purchase Price May Not Exceed
Households earning 80% or less of the HUD $259,800*
median income for Nassau/Suffolk
Households earning 100% or less of the HUD $324,750**
median income for Nassau/Suffolk
Households earning 120% or less of the HUD $389,700***
median income for Nassau/Suffolk
Southold Town Meeting Agenda - August 10, 2021
Page 21
* 2.5 times the 80% median income family of four - Nassau/Suffolk County ($103,920)
**2.5 times the 100% median income family of four - Nassau/Suffolk County ($129,900)
***2.5 times the 120% median income family of four - Nassau/Suffolk County ($155,880)
Monthly Rental Amounts May Not Exceed (utilities may or may not be included)
Efficiency $ 1343***
One Bedroom $ 1659***
Two Bedroom $ 2045***
Three Bedroom $ 2606***
Four Bedroom $ 2896***
*** represents HUD fair market rental
RESOLVED that pursuant to Chapter 240-10-B(2)(c)\[2\]\[a\] of the Town Code, the Town Board
of the Town of Southold hereby sets $259,800 as the amount of payment required per
housing unit for Moderate Income Family Dwelling Units not built within the Town of
Southold’s inclusionary zoning requirements. Said amount reflects two times the
Nassau/Suffolk median income for a family of four in accordance with the Long Island
Workforce Housing Act.
Vote Record - Resolution RES-2021-649
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-650
CATEGORY: Committee Resignation
DEPARTMENT: Town Clerk
Accept Resignation - Hughes
Resolved that the Town Board of the Town of Southold hereby accepts the resignation of Brian
J. Hughes as a member of the Southold Community Joint Justice Review and Reform Task Force
effective immediately.
Southold Town Meeting Agenda - August 10, 2021
Page 22
Vote Record - Resolution RES-2021-650
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-651
CATEGORY: Committee Appointment
DEPARTMENT: Town Clerk
Community Outreach Implementation Working Group
RESOLVED the Town Board of the Town of Southold hereby appoints the following
individuals from the following groups to serve on the Community Outreach Implementation
Working Group, to serve without compensation:
Police Advisory Committee: Christopher North
Kevin Foote
Alternate: John Slattery
Anti-Bias Task Force: Valerie Shelby
Cindy Smith
Alternate: Sonia Spar
Two (2) Town Board Members
to serve on a rotating basis out
of the following five (5) Members: Supervisor Scott A. Russell
Councilwoman Jill Doherty
Councilwoman Sarah Nappa
Councilman James Dinizio
Councilman Robert Ghosio, Jr.
Police Benevolent Association Members: Police Officer Alex Chenche
Police Officer Nicole DiVello
Sergeant Robert Haas
Detective Kenneth Richert
Chief of Police Martin Flatley
Southold Town Meeting Agenda - August 10, 2021
Page 23
Vote Record - Resolution RES-2021-651
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-652
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Engineering
Change Order # 2 - Fishers Island Sidewalk Improvements
Financial Impact:
There is sufficient existing budget in H.5410.2.400.200 to cover this change order
RESOLVED that the Town Board of the Town of Southold hereby approves Change Order #2
to the contract for the Fishers Island Sidewalk Improvements with Mattern Construction, Inc. in
the net amount of $12,940.00, pursuant to their proposal dated August 9, 2021, subject to the
approval of the Town Attorney.
Vote Record - Resolution RES-2021-652
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-653
CATEGORY: Employment - Town
Southold Town Meeting Agenda - August 10, 2021
Page 24
DEPARTMENT: Accounting
Appoint Gregory Koehler Groundskeeper I
RESOLVED that the Town Board of the Town of Southold hereby appoints Gregory Koehler
to the position of Groundskeeper I for the Department of Public Works, effective August 12,
2021, at a rate of $25.7908 per hour.
Vote Record - Resolution RES-2021-653
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-654
CATEGORY: Employment - Town
DEPARTMENT: Accounting
Appoint HPC Coordinator
RESOLVED that the Town Board of the Town of Southold hereby assigns Kim Fuentes to the
duties of Historic Preservation Commission Coordinator, effective immediately, with a
stipend of $6,000.00 per annum.
Vote Record - Resolution RES-2021-654
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - August 10, 2021
Page 25
2021-655
CATEGORY: Contracts, Lease & Agreements
DEPARTMENT: Town Attorney
Moa Csea
Financial Impact:
Memorandum of Agreement
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
Memorandum of Agreement signed July 6, 2021, between the Town of Southold and the Civil
Service Employees Association Inc., Local 1000, AFSCME, AFL-CIO, Southold Unit 8785
(“the CSEA”).
Vote Record - Resolution RES-2021-655
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-656
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 10/5 7:00 Pm - COZ Battery Barlow Property
WHEREAS, on August 11, 2015 the Town Board of the Town of Southold enacted a local law
changing the zoning designation on property located on Fishers Island identified on the Suffolk
County Tax Map as SCTM #1000-12-1-1.2, and known as the Battery Barlow Property, from the
Residential Low-Density (R-120) Zoning District to the Affordable Housing District (AHD);
and
WHEREAS, pursuant to section 280-29 (F)(2)(a) of the Town Code upon request of the Town
Board, on notice to the applicant, and for good cause shown, the establishment of an AHD
Southold Town Meeting Agenda - August 10, 2021
Page 26
District may be revoked 18 months after approval if work on the site has not commenced or the
same is not being prosecuted to conclusion with reasonable diligence; and
WHEREAS, the Town Board has received a request from the agent for the property owner
requesting that the AHD District be revoked and revert back to the R-120 Zoning District;
NOW, THEREFORE, BE IT
RESOLVED that the Town Board of the Town of Southold is considering revoking the AHD
Zoning District designation for the parcel known as SCTM #1000-12-1-1.2; and it is further
RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency; and
it is further
RESOLVED that the Town Board of the Town of Southold requests that the Planning Board
prepare a report and recommendations on the proposed rezoning, including SEQRA and LWRP
report and recommendations; and it is further
RESOLVED that the Town Clerk of the Town of Southold is directed to forward the matter to
the Suffolk County Planning Commission for a report and recommendations; and it is further
RESOLVED that pursuant to the requirements of Section 265 of the New York State Town Law
and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town
of Southold will hold a public hearing on the aforesaid revocation of zoning designation at
th
Southold Town Hall, 53095 Main Road, Southold, New York, on the 5 day of October,
2021 at 7:00 p.m. The purpose of this Local Law is to change the Zoning District Designation
of SCTM #1000-12-1-1.2 from Affordable Housing District (AHD) to Residential Low-Density
(R-120); and it is further
RESOLVED that the Town Clerk for the Town of Southold is directed to provide notice to the
property owner of public hearing pursuant to Town Code section 280-29(F)(2)(a).
Vote Record - Resolution RES-2021-656
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - August 10, 2021
Page 27
2021-657
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT: Fishers Island Ferry District
FIFD 8/2/21 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 August 2, 2021
meetings, as follows:
FIFD
Resolution# Regarding
2021 - 123 Budget Modification
2021 - 125 Election Inspections
2021 - 126 Settlement
Vote Record - Resolution RES-2021-657
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
2021-658
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
Enact LL Chapter 260 Stop Sign
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 29 day of June, 2021, a Local Law entitled “A Local Law in
relation to Amendments to Chapter 260, Vehicles and Traffic, in connection with Traffic
and Pedestrian Safety” and
Whereas the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Southold Town Meeting Agenda - August 10, 2021
Page 28
Law at which time all interested persons were given an opportunity to be heard, now therefore 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 260, Vehicles and
Traffic, in connection with Traffic and Pedestrian Safety” reads as follows:
LOCAL LAW NO. 2021
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 260, Vehicles
and Traffic, in connection with Traffic and Pedestrian Safety”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
§ 260-4 Stop intersections with stop signs.
The following highway intersections are hereby designated as stop intersections and stop signs
shall be erected as follows:
Stop Sign On Direction of Travel At Intersection With Location (Hamlet)
Madison Avenue South West Street Greenport
Main Bayview Road East & West Cedar Drive Southold
Marratooka Lane North New Suffolk Lane Mattituck
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-2021-658
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
Southold Town Meeting Agenda - August 10, 2021
Page 29
2021-659
CATEGORY: Enact Local Law
DEPARTMENT: Town Clerk
ENACT LL Chapter 180, Noise
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
th
County, New York, on the 29 day of June, 2021, a Local Law entitled “A Local Law in
relation to Amendments to Chapter 180, Noise, Prevention of ” 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 therefore 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 180, Noise, Prevention
of” reads as follows:
LOCAL LAW NO. 2021
A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 180, Noise,
Prevention of ”.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The gentle pace of life in the Town of Southold has traditionally provided a respite from the
noise and turmoil which has become an integral part of life in the City and suburbs and which
has even encroached into many resort areas on the East End. Crafting of regulations that are
uniquely appropriate for the Town of Southold are aimed to protect this rural, almost nostalgic
way of life while providing an atmosphere for businesses to flourish. The existence of
unreasonably loud, unnecessarily disturbing or unusual noise within the Town has become an
increasingly significant problem during recent years. Such noise pollution which is prolonged,
unusual or unnatural in its time, place and use is harmful to the peace, welfare, comfort, safety,
convenience, good order and prosperity of the inhabitants of the Town of Southold. It is the
public policy and findings of the Town Board that every person is entitled to noise levels that are
not detrimental to life, health and the enjoyment of his or her property. The provisions and
prohibitions hereinafter enacted are in pursuance of this policy and these findings and for the
purpose of protecting and promoting the public health, comfort, convenience, peace, safety,
welfare and prosperity of the Town of Southold and its inhabitants.
II. Chapter 180 of the Code of the Town of Southold is hereby amended by removing the
struck through portions and adding the underlined portions as follows:
§ 180-4 Definitions.
Southold Town Meeting Agenda - August 10, 2021
Page 30
As used in this chapter, the following terms shall have their meanings indicated.
AIRBORNE SOUND Sound that reached the point of interest by propagation through the air.
AMPLIFIED SOUND Sound which has its volume increased by electronic means.
CHARITABLE EVENT An event whose sole purpose is to raise money for a specific charity
or nonprofit organization.
COMMERCIAL LANDSCAPER An individual, firm, corporate or other entity performing
commercial landscaping services.
COMMERCIAL LANDSCAPING The business or trade of rendering any landscaping
services, as defined herein, either as principal, independent contractor, or through an agent or
employee, for a fee, charge, or other compensation, to or for the benefit of any owner, tenant, or
occupant of any lot, plot, or parcel of land.
COMMERCIAL SERVICE EQUIPMENT All engine-powered or motor-powered equipment
intended for infrequent service work in inhabited areas, typically requiring commercial or skilled
operators. Examples of commercial service equipment are chain saws, log chippers, paving
rollers, etc.
CONSTRUCTION DEVICE Any powered device or equipment designed and intended for use
in construction. Examples of construction devices are air compressors, bulldozers, backhoes,
trucks, shovels, derricks and cranes.
dB(A) The A-weighted sound level in decibels, as measured by a general-purpose sound-level
meter complying with the provisions of the American National Standards Institute specifications
for sound-level meters, properly calibrated and operated on the A-weighing network.
DECIBEL ("dB") The unit for measuring the volume of a sound based upon the pressure level
of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be
used to assure a consistent and standard reference for measuring sound.
GAS POWERED LEAF BLOWER A portable, handheld or backpack style power equipment
that is powered by fuel and used in any landscape maintenance, construction, property repair, or
property maintenance for the purpose of blowing, moving, removing, dispersing, vacuuming or
redistributing leaves, dust, dirt, grass clippings, cuttings, and trimmings from trees and shrubs or
any other type of litter or debris.
HOLIDAYS New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, the
Fourth of July, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas
Day.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT All engine-powered
or motor-powered garden or maintenance tools intended for repetitive use in residential areas,
typically capable of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
LANDSCAPING The maintaining of and/or providing care of lawns, including but not limited
to mowing, cutting and trimming, also the gathering, raking, blowing, and/or removal of leaves,
grass or lawn clippings and/or other debris, on any lot, plot or parcel of land. This includes
regular maintenance as well as fall and spring clean-ups.
NOISE POLLUTION Airborne or amplified sound which:
A. Causes temporary or permanent hearing loss in persons exposed; or
B. Is otherwise injurious, or tends to be, on the basis of current information injurious
to the public health or welfare; or
Southold Town Meeting Agenda - August 10, 2021
Page 31
C. Disturbs a reasonable person of normal sensitivities;
D. Exceeds standards or restrictions established herein; or
E. Interferes with the comfortable enjoyment of life and property or the conduct of
business. The following are deemed to interfere with the comfortable enjoyment
of life and property or the conduct of business:
(1) Yelling or shouting that disturbs the quiet, comfort or repose of person or
persons residing or occupying an adjacent or neighboring property.
(2) The using of, operating of or permitting to be played, used or operated,
any radio, receiving set, musical instrument, phonograph, television set or
other machine or device for the producing or reproducing of airborne or
amplified sound in such a manner as to disturb the peace, quiet and
comfort of the person or persons residing or occupying an adjacent or
neighboring property.
PERSON An individual, association, firm, syndicate, company, trust, corporation, department,
bureau or agency or any other entity recognized by law as the subject of rights and duties.
SOUND-LEVEL METER An instrument for the measurement of noise and sound levels
including a microphone, amplifier, an output meter and frequency weighting networks which
comply with standards established by the American National Standards Institute (ANSI)
specifications for sound-level meters.
§ 180-7 Prohibited noises; evidence of violation.
A. Notwithstanding the provisions of sections 180-5 and 180-6 the following acts are declared
to be loud, disturbing and unnecessary noises in violation of this chapter:
(1) The operation of any gas-powered leaf blower device by commercial landscapers
performing commercial landscaping services during the following days and times shall be
deemed noise pollution:
(a) Monday through Friday prior to 8:00 a.m. or after 6:00 p.m.; or
(b) Saturday prior to 9:00 a.m. or after 5:00 p.m.; or
(c) Sunday or holidays.
In the event of an emergency as determined by the Town Supervisor, or the Supervisor’s
designee, the restrictions set forth herein may be suspended.
§ 180-78 Exceptions.
A. The provisions of § § 180-5 and 180-6 shall not apply to the following:
(1) The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of
homeowner's light residential outdoor equipment with mufflers or commercial
service equipment, provided that such activities and such equipment and their use
comply with the other provisions hereof.
(2) Construction activities between 7:00 a.m. through 7:00 p.m. and the associated
use of construction devices or the noise produced thereby, provided that such
activities and such equipment and their use comply with the other provisions
hereof.
(3) Noise from agricultural equipment.
(4) Noise from church bells or chimes used.
Southold Town Meeting Agenda - August 10, 2021
Page 32
(5) Noise from snowblowers, snow throwers and snowplows when operated with a
muffler for the purpose of snow removal.
(6) Nonamplified noise generated from lawful athletic or recreational activities,
events, or facilities.
(7) Nonamplified noise from organized activities sponsored by any school district,
private school or fire district or department within the Town of Southold.
(8) Noise from municipally sponsored celebrations or events.
(9) Noise from lawful fireworks displays, parades, and other charitable and special
events held in accordance with all pertinent provisions of the Southold Town
Code.
(10) Noncommercial public speaking or public assembly activities conducted on any
public space or public right-of-way.
(11) Emergency construction or repair work.
(12) Noise from the activities of any fire department, ambulance squad or similar
emergency or rescue organization in carrying out their official duties.
(13) Noncommercial amplified sound that does not exceed the noise standard
established in § 180-6 of this chapter.
(14) Emergency stationary and mobile signal devices.
(15) Audible exterior burglar alarms in operation for 15 minutes or less.
B. The provisions of § 180-7 shall not apply to the following:
(3) The use of gas-powered leaf blowers by commercial landscapers performing
commercial landscaping services at cemeteries, golf course, government and
public school-owned properties, or in commercial and industrial zones
§ 180-89 Enforcement.
The provisions of this chapter shall be administered and enforced by the Southold Town Police
Department and the Southold Town Office of Code Enforcement.
§ 180-910 Penalties for offenses.
A. Any person who shall violate any provisions of this chapter, except section 180-7 shall be
guilty of a violation punishable by a fine not exceeding $500; and upon conviction of a
subsequent offense, punishable by a fine not exceeding $2,500. If the violation is of a
continuing nature, each one-hour period of violation of any provision of this chapter shall
constitute an additional, separate and distinct offense.
B. Any person who shall violate any provisions of section 180-7 of this chapter shall be
guilty of a violation punishable by a fine no less than $250 and not exceeding $1000; and
upon conviction of a subsequent offense within 2 years of the first conviction, the fine
shall be no less than $2500 and not exceeding $5,000. If the violation is of a continuing
nature, each one-hour period of violation of any provision of this chapter shall constitute
an additional, separate and distinct offense.
B. C. In addition to any other remedy provided by law, the Town may bring an injunction
proceeding to enforce this chapter.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
Southold Town Meeting Agenda - August 10, 2021
Page 33
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-2021-659
Adopted
Adopted as Amended
Yes/Aye No/Nay Abstain Absent
Defeated
Sarah E. Nappa
Tabled
Withdrawn
James Dinizio Jr
Supervisor's Appt
Jill Doherty
Tax Receiver's Appt
Robert Ghosio
Rescinded
Town Clerk's Appt
Louisa P. Evans
Supt Hgwys Appt
Scott A. Russell
No Action
Lost
VI. PUBLIC HEARINGS
1. PH 8/10 7:00 Pm LL Chapter 260 Stop Sign
2. PH 8/10 7:01 Pm Local Law Chapter 180