HomeMy WebLinkAboutTB-12/14/2021 PH 1
1 COUNTY OF SUFFOLK : STATE OF NEW YORK
TOWN OF SOUTHOLD
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TOWN OF SOUTHOLD
3 REGULAR TOWN BOARD MEETING
PUBLIC HEARING ' S
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5
6 Southold, New York
7 December 14 , 2021
4 : 30 P . M .
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9
10
11 B E F 0 R E :
12
13 SCOTT A . RUSSELL, SUPERVISOR
14 LOUISA EVANS , BOARD MEMBER
15 JILL DOHERTY, BOARD MEMBER
16 ROBERT GHOSIO, BOARD MEMBER
17 JAMES DINIZIO, JR . , BOARD MEMBER
18 SARAH NAPPA, BOARD MEMBER
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22
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25
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1 LOCAL LAW WATER SUPPLY MAP AMENDMENT
2 COUNCILMAN ROBERT GHOSIO : Notice is
3 Hereby Given, that there has been presented
4 to the Town Board of the Town of Southold,
5 Suffolk County, New York, on the 30th day of
6 November, 2021 , a Local Law to amend the
7 Town of Southold Water Supply Plan map to a
8 portion of Red Fox Road in Mattituck . A
9 notice is hereby further given that the that
10 the Town Board of the Town of Southold will
11 hold a public hearing on the aforesaid Local
12 Law at the Southold Town Hall , 53095 Main
13 Road, Southold, New York, on the 14th day of
14 December, 2021 at 4 : 31 p .m. at which time
15 all interested persons will be given an
16 opportunity to be heard . The proposed Local
17 Law entitled, "A Local Law to Amend the Town
18 of Southold Water Supply Plan Map to a
19 Portion of Red Fox Road in Mattituck" will
20 read as follows . And I will read a summary
21 of it . The proposed Local Law for which a
22 Public Hearing is being held proposed to
23 amend the Town of Southold water supply map .
24 Specifically if adopted, the Local Law will
25 adopt the Town of Southold water supply map
3
1 to include the extension of water
2 transmission name, plus the Central Drive
3 Spur toward 950 Red Fox Road, Mattituck
4 SCTM* 1000-106 . 00- 01 . 00- 023 . 001 . The
5 property owner has represented to the Town
6 that the groundwater quality at this
7 property is inadequate and poses a
8 significant concern that requires the
9 extension of public water to the property .
10 The extension of the transmission main is
11 intended to supply the Leuba property and is
12 not intended to result in additional
13 pressure in the area . The full context of
14 the proposed Local Law is available for
15 review in the Town Clerk ' s Office and
16 Village website . I do have a notarized
17 affidavit that says it has been noticed by
18 the Town Clerk ' s office . Also a receipt for
19 the ad in the newspaper on the Suffolk Times
20 Website . And that ' s all .
21 SUPERVISOR SCOTT RUSSELL : Would
22 anybody like to address the Town Board on
23 this Local Law?
24 MS . MOORE : Thank you .
25 Philosophically, we should get rid of the
4
1 map . The map was adopted before the Master
2 Plan was adopted and there were purpose
3 behind it . Essentially the water lines
4 which was ( inaudible ) limit development . At
5 this point, the Health Department and the
6 Suffolk County Water Department have
7 prioritized public water where public water
8 is needed . You have contaminants or wetland
9 issues where you ' re impacting the
10 groundwater . We create this artifical
11 barrier as a map and we should really do
12 away with the map in general and make public
13 health well fare the priority, rather than
14 using the map as a Zoning tool . So thank
15 you . This should be done, but I don ' t think
16 the map is really necessary .
17 SUPERVISOR SCOTT RUSSELL : Anybody
18 else like to address the Town Board on this
19 Local Law?
20 (No Response ) .
21 JUSTICE LOUISA EVANS : I make a
22 motion to close the public hearing .
23 COUNCILWOMAN JILL DOHERTY : Second .
24 SUPERVISOR SCOTT RUSSELL : All in
25 favor?
5
1 COUNCILWOMAN SARAH NAPPA: Aye .
2 COUNCILMAN JAMES DINIZIO JR . : Aye .
3 COUNCILWOMAN JILL DOHERTY : Aye .
4 COUNCILMAN ROBERT GHOSIO : Aye .
5 JUSTICE LOUISA EVANS : Aye .
6 SUPERVISOR SCOTT RUSSELL : Aye .
7 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
8 LOCAL LAW CHAPTER 139-FILMING
9 COUNCILMAN ROBERT GHOSIO : Notice is
10 Hereby Given, that there has been presented
11 to the Town Board of the Town of Southold,
12 Suffolk County, New York, on the 16th day of
13 November, 2021 , a need for amending the
14 current ( inaudible ) process , Filming being
15 undertaken in the Town of Southold . A
16 notice is hereby further given that this has
17 been presented as a Local Law entitled "The
18 Local Law in relation to amendment to
19 Chapter 139-Filming, " in connection with
20 film permits . Notice is hereby further
21 given, that the Board of the Town of
22 Southold will hold a public hearing on the
23 aforesaid Local Law at the Southold Town
24 Hall , 53095 Main Road in Southold, New York,
25 on the 14th day of December, 2021 at 4 : 31
6
1 p .m . at which time all interested persons
2 will be given an opportunity to be heard .
3 The proposed Local Law, entitled "Amendment
4 to Chapter 139, Filming in connection with
5 Film Permit Applications , " reads as follows .
6 And again, I will read a summary . The
7 proposed Local Law for which a Public
8 Hearing is being held this evening proposes
9 to amend the permit process as set forth in
10 Chapter 139 of the Town Code . The purpose
11 of this Local Law is to require applicants
12 to provide more detail when applying for
13 permits , as well as , allow the Town Board to
14 set the fees as related to Town permits by
15 Resolution . The full text of this proposed
16 Local Law is available for review in the
17 Town Clerk ' s office and Town ' s website . I
18 have a notarized affidavit that this has
19 been noticed by the Town Clerk ' s office, as
20 well as , a receipt for the publication in
21 the Suffolk Times . And that ' s it .
22 SUPERVISOR SCOTT RUSSELL : Would
23 anybody like to address the Town Board on
24 this particular Local Law?
25 MS . MOORE : I have a comment .
7
1 Patricia Moore, attorney . This also
2 includes not only filming but still
3 photography . Is that intended -- it seems
4 to focus more on filming?
5 SUPERVISOR SCOTT RUSSELL : Actually
6 that is because we have a lot of magazines
7 coming out and layouts and a lot of times
8 its quite a bit of equipment and cars . So
9 in order for everybody -- you know, we ' re
10 not doing this to regulate them. We ' re
11 doing this to help them and help ourselves .
12 So they have a better understanding of the
13 Local Law . But yes , we have a lot of
14 commercial still photography out there .
15 MS . MOORE : So it ' s for both?
16 SUPERVISOR SCOTT RUSSELL : Yes .
17 MS . MOORE : Okay . Just wanted to
18 clarify that . Thank you .
19 SUPERVISOR SCOTT RUSSELL : Would
20 anybody else like to address the Board on
21 this particular --
22 COUNCILWOMAN SARAH NAPPA: Motion to
23 close the hearing .
24 JUSTICE LOUISA EVANS : Second .
25 SUPERVISOR SCOTT RUSSELL : All in
8
1 favor?
2 COUNCILWOMAN SARAH NAPPA: Aye .
3 COUNCILMAN JAMES DINIZIO JR . : Aye .
4 COUNCILWOMAN JILL DOHERTY : Aye .
5 COUNCILMAN ROBERT GHOSIO : Aye .
6 JUSTICE LOUISA EVANS : Aye .
7 SUPERVISOR SCOTT RUSSELL : Aye .
g * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
9 LOCAL LAW CHAPTER 280-ZBA FEES
10 COUNCILMAN ROBERT GHOSIO : Notice is
11 Hereby Given, there has been presented to
12 the Town Board of the Town of Southold,
13 Suffolk County, New York, on the 16th day of
14 November, 2021 , a need for an amending of
15 the current fee structure for applications
16 to the Zoning Board of Appeals . A notice is
17 hereby given that it has been presented for
18 Local Law entitled "A Local Law in relation
19 to an Amendment to Chapter 280 , Zoning, in
20 connection with Zoning Board of Appeals
21 Application Fees . " A notice is further
22 given that the Town Board of the Town of
23 Southold will hold a public hearing on the
24 aforesaid Local Law at Southold Town Hall ,
25 53095 Main Road in Southold, New York, on
9
1 the 14th day of December, 2021 at 4 : 31 P . M .
2 at which time all interested persons will be
3 given an opportunity to be heard . The
4 proposed Local Law is entitled, "A Local Law
5 in relation to an Amendment to Chapter 280 ,
6 Zoning, in connection with Zoning Board of
7 Appeals Application Fees , " reads as follows ,
8 the Proposed Local Law for which a Public
9 Hearing is being held this evening, proposes
10 to amend Chapter 280 of the Town Code, to
11 Allow the Town Board to set the fees for
12 Zoning of Appeals by resolution . It can be
13 accomplished by the current fee structure of
14 the Town Code and allow for setting those
15 fees in the future . The full text of the
16 proposed Local Law is available for review
17 in the Town Clerk ' s office and on the Town ' s
18 website . I have a notarized affidavit that
19 the Town Clerk ' s office did announce and
20 advertise this hearing . Also in the Suffolk
21 Times there is a copy of the legal notice as
22 well . And the New London Day . And that ' s
23 it .
24 SUPERVISOR SCOTT RUSSELL : Would
25 anybody like to address the Town Board on
10
1 this Local Law?
2 MS . MOORE : Patricia Moore . This is
3 the real reason I came . What I found at the
4 last number of years is that we ' re
5 penalizing the smaller properties .
6 Typically the least expensive properties .
7 The ones that need variances . And I have
8 had little cottages that need relatively
9 minor variances , but nonetheless , because of
10 the size of the parcel ends up with a $2500
11 application fee, for what is very -- seems
12 like nothing because we ' re used to such a
13 wealthy community and people that money
14 seems -- drop compared to what people are
15 spending for their properties and some of
16 these projects . But the one ' s that we hurt
17 the most are not the wealthy . Those that
18 need small variances typically -- and we ' re
19 not talking about small being less than 200
20 square feet because that is $200-$250
21 application fee . But I have had the
22 accumulation or multiplying of variances
23 because the first one is $500 . For every
24 one thereafter, another $500 or $250 . So I
25 see application fees that are extremely high
11
1 for people that -- you know, you ' re
2 struggling trying to keep the costs down .
3 As a local attorney trying to keep the costs
4 down for the application process . So I was
5 -- I came hoping that I would see the fee
6 structure, I apologize, I am totally inept
7 when it comes to looking at the computer . I
8 went looking for it . And it ' s my problem
9 and not yours , but I could not find the fee
10 structure . I came to this meeting hoping
11 that it was going to be here attached . So I
12 could see it . And it ' s not listed . So I am
13 guessing what the new fees are, they ' re
14 going up . So that is the only way things
15 work when it comes to fees . They go up . I
16 think we have to be very careful and
17 deliberative in the fee structure because
18 not everybody is wealthy . Not every
19 property is asking for a tremendous
20 variances . And what can happen is , if
21 somebody makes an application, it might be
22 $ 1500 on a regular basis . $ 1500 is a
23 simplest application fee for filing fees .
24 For $2500 to another number . I have not
25 seen what apartments costs . Again, I am
12
1 blind in that . I have not seen the fee
2 structure . So I hope before you enact this ,
3 that you actually provide at least on your
4 agenda, and this was the only agenda that I
5 found on -- the reporter was very kind to
6 share it with me because I went specifically
7 looking for what is the fee structure . So I
8 would ask that you not adopt this -- on
9 masks , I think you look at it very
10 carefully . What I am seeing with
11 applications with the Zoning Board, there
12 has been philosophical changes on the Zoning
13 Board . And they will treat a property --
14 say a house that has too much removed and
15 someone that needs a variance, or that
16 because the Building Department declares it
17 a demolition because too much of the
18 structure was inadvertently removed, I think
19 well intentions -- a good contractor will
20 not build over rot . That is just unethical
21 and they do it the right way . What happens
22 is , there is rot in many of the houses and
23 you know, in these older homes . You end up
24 with a demo . And when you come into the
25 Zoning Board for an application the
13
1 philosophy by the Zoning Board is , it ' s a
2 demo and should conform, even though the
3 entire neighborhood is not conforming . That
4 is the philosophy that I take exception
5 with . I have fought every time . And I hear
6 it every time I am before the Board . It
7 could be a vacant lot or definitional
8 demolition . So not only are we dealing with
9 the fees but we ' re dealing with
10 philosophical ( inaudible ) that you can apply
11 for variances . Particularly on undersized
12 lots and have the Zoning Board deny the
13 application . And you know, good money after
14 that . And so, that is what I do on a daily
15 basis and it ' s extremely frustrating . I am
16 sure the Zoning Board too because they ' re
17 trying to -- everybody is well meaning, but
18 it ' s a sacrifice for them and their
19 families . It ' s frustrating .
20 SUPERVISOR SCOTT RUSSELL : Just for
21 clarification, I think this is just a change
22 in which fees are assigned, a Local Law
23 Resolution . So we ' re not setting fees by
24 this legislation . We ' re merely setting a
25 way in which fees do get set .
14
1 MS . MOORE : Okay . But is a
2 resolution done with a Public Hearing or
3 resolution by Board action?
4 SUPERVISOR SCOTT RUSSELL : A
5 resolution by Board action . The Public
6 Hearing is people who get to comment at the
7 beginning of the hearing .
8 MS . MOORE : I understand . But how
9 does one know that you suddenly changed the
10 fee structure if it ' s not changed through a
11 Public Hearing process?
12 SUPERVISOR SCOTT RUSSELL : Then it
13 would be published and part of the agenda .
14 MS . MOORE : Okay . How do I find it
15 other than monitoring the Town ' s website --
16 agendas , when I get my act together and
17 figure out how to do it, but it will not be
18 in published in a newspaper and won ' t be
19 available to the public until it ' s done
20 other than through the general public
21 process at every meeting for every
22 resolution?
23 SUPERVISOR SCOTT RUSSELL : I believe
24 you can give your e-mail to get and get
25 notices from the Town . Is that true --
15
1 MS . MOORE : It used to be . And then
2 COVID stopped it . I used to get them. It ' s
3 not consistent .
4 MS . NEVILLE : I think the easiest way
5 would be to go to the ZBA and get the
6 application and the fees --
7 SUPERVISOR SCOTT RUSSELL : She wants
8 to know when --
9 MS . MOORE : I want to know before you
10 change it because with my experience and
11 before you change it and applications , I can
12 count -- I have examples of pretty much
13 every application you can think of and every
14 day it ' s a new one . But the fee structure
15 -- I have given up . I called the ZBA and
16 say what is the fee for this one? They
17 calculate based upon their interpretation
18 and I think they ' re trying to follow the
19 code . But take a look at what they charge .
20 Look at your own budget when you get the
21 Zoning Board coming in . I think you ' re going
22 to find that these are not insignificant
23 fees . These are significant fees . And my
24 concern is that they ' re just going to keep
25 going up without any check and if the local
16
1 law process makes a check, I am all for
2 checks and balances .
3 SUPERVISOR SCOTT RUSSELL : There is
4 no reason that the Town Board would take
5 different action as a result of a Local Law
6 rather than a resolution . Same Board . Same
7 action . Same boat .
8 MS . MOORE : I respectfully disagree .
9 A Local Law can change a Public Hearing and
10 publish and notify the public what the
11 number is .
12 SUPERVISOR SCOTT RUSSELL : That is
13 what an agenda does . An agenda does the
14 same thing . It notifies the actions the
15 same thing that are to be taken by the Board
16 at an upcoming hearing . That is what an
17 agenda does .
18 COUNCILMAN JAMES DINIZIO JR . : I
19 think what the -- what Pat is trying to tell
20 us , I think at one point in time, we used to
21 publish fees in the code itself . They were
22 in the code . That was done by a Public
23 Hearing at whatever time . I don ' t know how
24 many times we have changed it since I have
25 been here . It has been a few times . When
17
1 you go to the code, they know what they ' re
2 going to be charged, until next time it
3 comes up and they change it . I think that
4 is what you ' re talking about --
5 MS . MOORE : Yeah . There has to be --
6 COUNCILMAN JAMES DINIZIO JR . : And
7 that is not happening now . What ' s happening
8 now, they ' re going to change the code and
9 the prices based on -- on a monthly basis if
10 they so chose . It doesn ' t make a difference
11 whether they publish it in the paper or the
12 notices or read this . I have a photograph
13 of every single meeting that I have been
14 here and this has been by far one of the top
15 things of how many people show up and read
16 these agendas . So what you ' re saying is ,
17 it ' s just going to go by the wayside . How
18 are you going to know; am I correct on that?
19 MS . MOORE : Yes . Absolutely .
20 COUNCILMAN JAMES DINIZIO JR . : We
21 have been discussing the ZBA fees for quite
22 some time .
23 MS . MOORE : And I have been to Code
24 Committee meetings where I have listened to
25 the Zoning Board saying that our fees are
18
1 too low and look at Southampton . But I
2 think in Southold -- created a structure
3 that pretty much everything needs a
4 variance . We have created a code that is
5 relief . The way that the Building
6 Department determines things and sends them
7 to the Zoning Board . So if you go to the
8 Zoning Board now and I made an application
9 and filed it today, it would not be heard
10 for 5 or 6 months . And that is what you ' re
11 paying for .
12 COUNCILMAN JAMES DINIZIO JR . : That
13 is another story .
14 MS . MOORE : It just adds aggravation
15 because I will file it and by the time it
16 comes back on, I forget . I have to review
17 everything . 5 months or 6 months have gone
18 by . And I don ' t think the fee structure is
19 going to change that because that is just
20 the code that needs to be changed .
21 COUNCILMAN JAMES DINIZIO JR . : I just
22 want to be clear --
23 MS . MOORE : I think it should by
24 crystal clear on what the fees are so it ' s
25 not the subject of interpretation . And this
19
1 also easily accessible and not adopted . I
2 understand the difference between a Local
3 Law adoption and a resolution adoption . I
4 do . And it ' s a much more stringent process
5 to change things when you have a Local Law .
6 The fact you couldn ' t change it without
7 going ( inaudible ) and I understand trying to
8 make things easier but this is one thing
9 that should not be made easy . It doesn ' t .
10 SUPERVISOR SCOTT RUSSELL : All of the
11 fees are established by resolution .
12 MS . MOORE : I don ' t think any fee
13 should be by resolution . I think the public
14 should know what you ' re charging .
15 SUPERVISOR SCOTT RUSSELL : Would
16 anybody else like to address the Town Board
17 on this particular Local Law?
18 (No Response ) .
19 JUSTICE LOUISA EVANS : Motion to
20 close the Public Hearing .
21 COUNCILWOMAN JILL DOHERTY : Second .
22 SUPERVISOR SCOTT RUSSELL : All in
23 favor?
24 COUNCILWOMAN SARAH NAPPA: Aye .
25 COUNCILMAN JAMES DINIZIO JR . : Aye .
20
1 COUNCILWOMAN JILL DOHERTY : Aye .
2 COUNCILMAN ROBERT GHOSIO : Aye .
3 JUSTICE LOUISA EVANS : Aye .
4 SUPERVISOR SCOTT RUSSELL : Aye .
5 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
6 LOCAL LAW CHAPTER 280-TRANSIENT RENTALS
7 COUNCILMAN ROBERT GHOSIO : Motion has
8 hereby given that it has been presented to
9 the Town Board of the Town of Southold,
10 Southold, New York, on the 16th day of
11 November, 2021 , a need for additional
12 options for accommodations for tourists ,
13 visitors and residents within the Town of
14 Southold; and notice is hereby further
15 given, it has been presented a Local Law
16 entitled "A Local Law in relation to an
17 Amendment to Chapter 280 , Zoning, in
18 connection with Transient Rentals " and
19 notice is hereby further given that the Town
20 Board of the Town of Southold will hold a
21 public hearing on the aforesaid Local Law at
22 Southold Town Hall , 53095 Main Road,
23 Southold, New York, on the 14th day of
24 December, 2021 at 4 : 31 p .m. at which time
25 all interested persons will be given an
21
1 opportunity to be heard . The proposed Local
2 Law is entitled "A Local Law in relation to
3 an Amendment to Chapter 280 , Zoning, in
4 connection with Transient Rentals " reads as
5 follows . This is a summary . The proposed
6 Local Law for which a Public Hearing is
7 being held this evening, proposes to amend
8 Chapter 280 of the Town Code Zoning, to
9 allow for rentals in the residential office,
10 hamlet business and general business zoning
11 district . The purpose of this Local Law is
12 to allow for further options to accommodate
13 guests in the Town of Southold, specific
14 zoning districts . This will be accomplished
15 by amending the Town Code to allow for
16 transient rentals to operate ( inaudible ) B
17 Zoning District . The full text of the
18 proposed Local Law is available for review
19 in Town Clerk ' s website, and the Town ' s
20 Website . I have a signed and notarized
21 affidavit with the Town Clerk ' s office .
22 Published this Notice of Hearing . Also an
23 affidavit that this was published in the
24 Suffolk Times and a copy of the legal notice
25 in the London Day . There is a note here
22
1 from the Planning Board office and the
2 Planning Board is requesting additional time
3 to provide comments on this proposed code
4 amendment to Chapter 280 . That is all I
5 have .
6 SUPERVISOR SCOTT RUSSELL : Would
7 anybody like to address the Town Board on
8 this Transient Local Law?
9 MR . MCCARTHY : Good evening . Tom
10 McCarthy, Southold . Before I address the
11 Local Law I would just like to take a
12 minute . I Zoomed on the way in to make the
13 meeting today . I got on at about Exit 49
14 and I saw a very nice good-bye to Vinny
15 Orlando at Exit 68 . Bob and Jen were at
16 Exit 71 and ( inaudible ) at Exit 73 . To that
17 end and to a thank you to everybody you
18 recognized Scott, and perhaps butting heads
19 with Jim at times . I get that and I see
20 that . And I think that everyone has given
21 their service to the Town for a piece of
22 themselves . It ' s not for the money . It ' s
23 not for the power . It ' s to make a
24 difference in what they love and what they
25 really care about . For those that are
23
1 recognized and retiring and moving on, as a
2 lifelong resident here, I extend my
3 appreciation as well . I am sure there are
4 members of the community that might do the
5 same thing . So thank you all . In speaking
6 to the Local Law and transient rentals . I
7 have been on this issue for a number of
8 years when this first got implemented . With
9 purpose . On how it came out initially and
10 getting rental permits and safety violations
11 and taking care of . Having permits for --
12 we have conducted many, many different
13 rental permits for homeowners and building
14 owners across the Town . It was an
15 application that was signed off by the
16 Building Department members or whether it
17 was a separate architect or engineer . I
18 think that was -- went well and got things
19 into alignment with the whole rental permit .
20 In addition to that, as we see change come
21 into our community, I think that one of
22 those things that are changing are some of
23 the smaller mom and pop businesses are being
24 bought up and in this capitalistic society,
25 being bought up by larger businesses that
24
1 are not necessarily based on . I think those
2 hospitality and short term dollars go out
3 the Town . I think that this change to
4 transient rentals will also give some of
5 those dollars to stay local . ( Inaudible ) and
6 I think the transient rentals will always be
7 a part of our community . Whether they are
8 done legally or illegally . Let ' s face it,
9 there are some folks that are not
10 necessarily compliment . But I think that
11 this will recognize and bring on top of the
12 table short term need that we have with them
13 in the community . That don ' t have somewhere
14 to spend or afford one of the ever
15 increasing costs to stay in one of the
16 hotels and motels . And they don ' t
17 necessarily want to stay in Riverhead . I
18 applaud you for taking the step . I am
19 certainly in favor of it . And I think that
20 it will allow other folks to get rental
21 permits and look at the health and safety .
22 Bring those transient dollars into the
23 hamlets . Where we ' re looking to have that
24 activity and provide for another outlet for
25 some of the unused or under utilized
25
1 residential spaces in the hamlets . So I
2 speak in favor .
3 SUPERVISOR SCOTT RUSSELL : The
4 premise of our whole motivation was that
5 short term rentals are commercial uses in
6 residential zones .
7 MR . MCCARTHY : In looking at downtown
8 Southold and you have a minimum two week
9 rental and you happen to be next to the
10 library or next to Town Hall or next to
11 something that has a lot of commercial
12 traffic, coming and going, who is that two
13 weeks protecting? And I think that is the
14 big picture of it . And to have congruent
15 uses of people coming and going, makes a lot
16 of sense in the hamlets . Thank you .
17 COUNCILMAN ROBERT GHOSIO : When we
18 originally passed the original legislation,
19 it was even said at that time, we were
20 taking a broad -- as things got settled in
21 with the permits and etcetera and the steps
22 we took, that we would end up, you know,
23 making changes along the way . I think, you
24 know, this was one of those steps .
25 SUPERVISOR SCOTT RUSSELL : Is there
26
1 anybody else who would like to address the
2 Town Board on this particular Local Law?
3 (No Response ) .
4 JUSTICE LOUISA EVANS : Motion to
5 close the hearing .
6 COUNCILWOMAN JILL DOHERTY : Second .
7 SUPERVISOR SCOTT RUSSELL : I will say
8 you are right also about a lot people not
9 following the law . I would say it has been
10 much more difficult but I will say
11 ( inaudible ) for the Town and for the code
12 itself . We need to make sure that it ' s
13 adhered to . Not so easy .
14 All in favor?
15 COUNCILWOMAN SARAH NAPPA: Aye .
16 COUNCILMAN JAMES DINIZIO JR . : Aye .
17 COUNCILWOMAN JILL DOHERTY : Aye .
18 COUNCILMAN ROBERT GHOSIO : Aye .
19 JUSTICE LOUISA EVANS : Aye .
20 SUPERVISOR SCOTT RUSSELL : Aye .
21 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
22 LOCAL LAW CHAPTER 106 CANNABIS OPT OUT
23 COUNCILMAN ROBERT GHOSIO : Notice is
24 hereby given whereas there has been
25 presented to the Town Board of the Town of
27
1 Southold, Suffolk County, New York, on the
2 30th day of November, 2021 , a need for a
3 public hearing regarding Opting Out of Adult
4 Use Cannabis Retail Dispensaries and On-Site
5 Consumption Sites , and notice is hereby
6 further given, it has been presented a Local
7 Law entitled "A Local Law Opting out of
8 Adult Use Cannabis Retail Dispensaries and
9 On-Site Consumption Sites . "
10 Now, therefore, be it resolved that
11 the Town Board of the Town of Southold will
12 hold a public hearing on the aforesaid Local
13 Law at Southold Town Hall , 53095 Main Road,
14 Southold, New York, on the 14th day of
15 December, 2021 at 4 : 31 p .m. , at which time
16 all interested persons will be given an
17 opportunity to be heard . The proposed Local
18 Law entitled "A Local Law Opting out of
19 Adult Use Cannabis Retail Dispensaries and
20 On-Site Consumption Sites " reads as follow .
21 And I will read a summary . The proposed
22 Local Law for which a Public Hearing is
23 being held this evening proposed to opt out
24 of allowing cannabis retail dispensaries and
25 on-site consumption sites . New York
28
1 Cannabis Law Section 131 , allows town ' s to
2 opt out of cannabis retail dispensary
3 licenses and/or on-site consumption sites
4 prior to December 31 , 2021 or lose the right
5 to do so . The Local Law is subject to a
6 referendum on petition in accordance with
7 Cannabis Law Section 131 and the procedure
8 outlined in Municipal Home Rule Law Section
9 24 . The full text of the proposed Local Law
10 is available for review in the Town Clerk ' s
11 office and Town ' s website . I have a signed
12 and notarized affidavit that they did
13 publish this Notice of Hearing, as well as ,
14 a copy from the Day, New London Day, Suffolk
15 Times website and Suffolk Times . And I do
16 have a letter here -- a couple of different
17 letters here . It ' s a fairly long letter,
18 would you like me to read this into the
19 record?
20 SUPERVISOR SCOTT RUSSELL : We will
21 include it in the letter . If you can
22 summarize?
23 COUNCILMAN ROBERT GHOSIO : Well ,
24 basically its requesting the Town of
25 Southold to vote to pass a Local Law opting
29
1 out of adult use cannabis retail
2 dispensaries and onsite consumption
3 businesses , such as marijuana and onsite
4 smoking businesses in the Town of Southold .
5 We are adamantly opposed to the premise and
6 sale of any marijuana in any of our
7 facilities within the Town of Southold .
8 They view marijuana as a gateway drug . And
9 establishing marijuana is the third illegal
10 drug along with tobacco and alcohol .
11 Creates drug abuse . And that is pretty much
12 it for the rest of the letter . And that is
13 all I have .
14 SUPERVISOR SCOTT RUSSELL : I thought
15 we got several e-mail ' s in the past several
16 months urging the Town but I believe they
17 don ' t sent it in the context of a Public
18 Hearing . We just sort of get these e-mails
19 day to day, urging the Town to not permit
20 the sale . Anybody would like to comment on
21 this particular?
22 MR . KELLEHER : Good evening . My name
23 is Terrence Kelleher . I am a full-time
24 resident of the Town of Southold . And I
25 think I sent you something -- some of you
30
1 some e-mails about this issue . And I am
2 here in support . I would first like to say
3 that I have no position on the legalness of
4 marijuana . ( Inaudible ) first there is the
5 six month rule -- well , you have to have
6 before December 31st of this year . They ' re
7 predicting that these marijuana shops will
8 not be open in 2023 . More likely ' 22 .
9 ( Inaudible ) another office in conjunction
10 with that, that is the enforcement arm of
11 the cannabis managements . Those positions
12 on the Board and even running those have not
13 been -- were not filled until November of
14 this year . And they have proposed a couple
15 of rules and licenses , etcetera . But there
16 are some instances not known about it . In
17 New York, the idea of cannabis consumption
18 lounges , this is the first state in the
19 United States has proposed this . There is
20 no other state, I believe in the United
21 States . I think Colorado is trying to
22 suggest to encourage lounges now . That ' s
23 it . Colorado only allows the consumption of
24 marijuana to private residents . New York is
25 very proud to announce that you can smoke
31
1 this any where you can smoke a cigarette . I
2 think that -- I think ( inaudible ) implied
3 this is too early to decide this . The State
4 make us -- make you to opt out in the
5 December 31st period . The law does not give
6 the right to people who oppose the opt-in so
7 to speak, to have the same rights and
8 reverse that . Which I think is a violation
9 of a the Constriction of the rights . So I
10 think it ' s premature . You are going to find
11 there is issues of licensing . To me, this
12 raises issues of driving and intoxication .
13 The sale of marijuana -- we don ' t know where
14 it will be licensed . I don ' t think it would
15 be licensed next to the library, but who
16 knows . In a small Town like this , it does
17 not seem to me appropriate . We know that
18 Greenport has opted-out last week .
19 Southampton has opted out . I think
20 Riverhead has opted in .
21 MS . STHWEBISH : My name is Jean
22 Sthwebish . I am from Mattituck . I would
23 also like to encourage the Board, I feel
24 like you ' re already leaning towards this
25 direction, to opt-out . It doesn ' t seem like
32
1 the State has any Guidelines in place . So
2 this makes me really uncomfortable . I feel
3 like we ' re guinea pigs . Riverhead has
4 already decided on being a guinea pig . I
5 don ' t think that we should . We really don ' t
6 understand why the State put together both
7 decriminalization and legalization . Why
8 they couldn ' t have done more and waited
9 before doing the other . I would like to
10 state on the record, that I am asking the
11 Board to opt out and see what happens in
12 Riverhead, your neighbor . And see what
13 happens with the state before we do anything
14 else .
15 SUPERVISOR SCOTT RUSSELL : Would
16 anyone else like to address the Board,
17 please?
18 MR . ANDOOS : Hi . How are you doing?
19 I am Ryan Andoos . I currently grow Hemp
20 with a license for New York State . And I
21 just wanted to go over a few things and some
22 of the concerns for the locals . As far as
23 tax revenue goes , it ' s 4 % for the Town .
24 Average ( inaudible ) does a few million in
25 revenue . So about $40 , 000 . As far as local
33
1 zoning goes , Town of Riverhead has already
2 ( inaudible ) like in industrial areas and out
3 of the way of a library . Out of the public
4 eye that down street Main Street feels . As
5 far ( inaudible ) whereas you have some of the
6 big businesses , that is all corporate money .
7 And that is money that goes out of the Town .
8 And if you opt out, as you said, if you
9 smoke cigarettes , you can still consume .
10 There will be delivery services . Even if
11 the Town of Southold does opt out and is
12 still delivered into the Town of Southold .
13 I know there is already traffic concerns out
14 here . Here in the summer months . And
15 basically tax revenue will go to the Town of
16 Riverhead and not stay in the Town of
17 Southold . ( Inaudible ) helping local
18 municipalities here . As far as consumption
19 lounges , yes , this is a new concept . Opt
20 out of the consumption lounge, you can keep
21 the dispensary . So it ' s not in one package .
22 So you it can be one or the other . And
23 again, regulate that dispensary . The State
24 hasn ' t been sometimes the best, as you said,
25 guinea pig . New York State, they kind of
34
1 rushed it a little bit . I do agree . Last
2 week they had a whole bunch of job openings .
3 So I think they are trying to get things
4 right and move forward . To a little more of
5 a smoother transition . And as far as
6 growing it goes , again, you can opt out .
7 You can still grow it . ( Inaudible ) . So any
8 comments , as far as you guys , I have been
9 growing Hemp for three years now . Any
10 questions from anybody?
11 SUPERVISOR SCOTT RUSSELL : I was just
12 going to add, you can grow Hemp . There is
13 no restriction out here . One of my concerns
14 is this notion of local businesses and it ' s
15 going to be subject to agricultural
16 community seems naive at best because of how
17 much has been invested in this little
18 community and district . Just to point out
19 so you are aware, you can ' t do anything
20 until 2023 . We can always opt in later . We
21 are not given the opportunity to make
22 decisions like the normal code . The State
23 Guidelines , they have not been adopted .
24 Yes , there are Guidelines but what they want
25 to do -- virtually meaningless when you ' re
35
1 trying to work the code around it . The
2 State has already made it clear that they
3 will restrict ( inaudible ) . The licenses are
4 not going to be issued for some time . And
5 certainly there is plenty of time .
6 MR . ANDOOS : They are -- no matter
7 what, they ' re going to only issue a finite
8 licenses for the State of New York . When
9 you issue too many licenses you create
10 supply and demand issues . Not good for
11 business owners .
12 SUPERVISOR SCOTT RUSSELL : And they
13 are also going to limit licenses on a
14 jurisdictional basis . When they start
15 talking about limiting them on a
16 geographical basis , there is no reason to
17 believe that on a -- that somebody is going
18 to get three in Brookhaven because we don ' t
19 act fast enough to get them in Southold . So
20 I don ' t -- I don ' t want to argue about it .
21 There is a lot of compelling reasons why
22 doing sales and a lot of compelling reasons
23 why we should consider perhaps not allowing
24 them. I think those are the issues that we
25 want to focus on those . We want to focus on
36
1 those and do a very thorough job . I think
2 ultimately it would probably be inevitable .
3 I agree with all that . We just want to be
4 thoughtful with all that and also wait for
5 the Guidelines and not do zoning in the
6 dark . All good points . So I appreciate you
7 coming .
8 MR . ANDOOS : Thank you .
9 SUPERVISOR SCOTT RUSSELL : Please .
10 MS . KANASBOGEL : My name is
11 Jacqueline Kanasbogel . I am a new Mattituck
12 resident, as well as , a Youth Substance
13 Prevention Specialist for HUGS in
14 Westhampton . And I am here to support the
15 opting out of the consumption and
16 dispensaries . First, I want to thank you
17 for the opportunity to speak tonight and
18 say, it ' s exciting to come together and make
19 this happen . I am glad there is so many
20 voices in the room. I open this with a
21 youth minded perspective . Someone who comes
22 to this conversation with absolutely no
23 quam' s against ( inaudible ) safe and adult
24 use of marijuana . According to national
25 ( inaudible ) that I come across lately, the
37
1 risk of marijuana use in teens is super low .
2 And allowing smoke dispensaries within the
3 borders of Southold Town will only formally
4 normalize a culture of substance abuse .
5 Although these sites are designated for
6 adults above 21 , that does not mean that it
7 doesn ' t make it more accessible for use in
8 the area . The promise of funds from the
9 regulation and taxation is a pole . I
10 totally get that . to of the County and 30
11 to the Town, which then they have to split .
12 So for Mattituck they get approximately 0 . 50
13 of the taxes in Mattituck . So when you
14 think about it, it ' s very minimal amounts of
15 money for the risk factor of the lives of
16 the youth in the area . I by no means saying
17 that opting it at some point is a bad
18 decision . I am saying is , we do wait, we
19 pause . We watch . We do learn about what is
20 going on in other Town ' s . There is no
21 specificity at all about how this is to role
22 out . Way too many questions . As a resident
23 of Mattituck and Southold Town, I would
24 appreciate the opportunity to learn about
25 how this is going to go before we put our
38
1 youth in harms way . Thank you very much .
2 SUPERVISOR SCOTT RUSSELL : Thank you .
3 Anybody else like to address the Town Board?
4 JUSTICE LOUISA EVANS : Are we going
5 to leave this open for written comments
6 until the Board meeting on the 28th?
7 SUPERVISOR SCOTT RUSSELL : Before we
8 close this , I want to make a few more
9 comments . I have spent months trying to
10 unravel this . I have tried to crack code
11 around this and it ' s very difficult without
12 you guys . I know one thing, people keep
13 throwing numbers out there . I don ' t think
14 tax revenue should be the basis of public
15 policy . I think if the money comes in, it
16 comes in . But you need to make policy based
17 on what is in the best interest of the
18 community . Whether somebody has a different
19 view or not . That is what the process is
20 for . They talk about 1% . 30 . 40 . 40 of
21 what? The State hasn ' t even decided on how
22 they are going to tax it . The tax is going
23 to be based on the product and the -- there
24 is all these complicated factors . And you
25 know, ( inaudible ) say that New York State is
39
1 going to create all this revenue that the
2 Town is -- you know, when they create a lot
3 of nothing . So that is -- that ' s the
4 reality of it . Again, I am not throwing
5 judgements here . I think it ' s , you know --
6 with regard to what the gentleman said, I
7 was hoping -- we thought this date was
8 allowing us to put a referendum on the
9 ballot on our own motion . So we can have a
10 motion and basically have the public decide
11 and make the decision on the public policy
12 and they said that you can ' t do that . What
13 you can do is opt out and then let a group
14 pass a petition, so that they can force a
15 ballot on the petition . However, if you
16 don ' t opt out, then you can ' t make a
17 petition to stop us from allowing it to go
18 into effect . I think they should have given
19 it to the municipality . Could go out on
20 Election Day and tell us what you want to
21 do . At any rate, I am sorry .
22 JUSTICE LOUISA EVANS : So I would
23 make a motion to leave it open for written
24 comment until the 28th at 7 : 00 P . M . of
25 December . So I make a motion we recess the
40
1 hearing until December 28th at 7 : 00 P . M .
2 COUNCILWOMAN JILL DOHERTY : Second .
3 SUPERVISOR SCOTT RUSSELL : All in
4 favor?
5 COUNCILWOMAN SARAH NAPPA: Aye .
6 COUNCILMAN JAMES DINIZIO JR . : Aye .
7 COUNCILWOMAN JILL DOHERTY : Aye .
8 COUNCILMAN ROBERT GHOSIO : Aye .
9 JUSTICE LOUISA EVANS : Aye .
10 SUPERVISOR SCOTT RUSSELL : Aye .
11
12 ( Public Hearing Concluded . )
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1 C E R T I F I C A T I O N
2
3
4 I, JESSICA DILALLO, a Court Reporter
5 and Notary Public, for and within the State
6 of New York, do hereby certify:
7 THAT the above and foregoing contains a
8 true and correct transcription of the
9 Public Hearing held on December 14, 2021 ,
10 via videoconference, and were transcribed by
11 me.
12 I further certify that I am not
13 related to any of the parties to this
14 action by blood or by marriage and that I
15 am in no way interested in the outcome of
16 this matter.
17 IN WITNESS WHEREOF, I have
18 hereunto set my hand this 30th day of
19 December, 2021 .
20
21
22 essica DiLallo
23
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r 25