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Home My WebLink AboutAG-08/23/2022 Town Hall, 53095 Main Road DENIS NONCARROW P.O. Box 1179 TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD AGENDA FINAL SOUTHOLD TOWN BOARD August 23, 2022 4:30 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 <http://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 <http://www.southtownny.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 the date of the meeting you wish to view 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 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 denisn@southoldtownny.gov <mailto:denisn@southoldtownny.gov>and Lynda.rudder@town.southold.ny.us <mailto: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 4:30 PM Meeting called to order on August 23, 2022 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilwoman Sarah E. Nappa    Councilman Greg Doroski    Councilman Brian O. Mealy    Councilwoman Jill Doherty    Justice Louisa P. Evans    Supervisor Scott A. Russell    I. Reports 1. Land Tracking Report Second Quarter - 2022 2. Trustees Monthly Report July 2022 II. Public Notices 1. Liquor License Application Ana Victorias LLC DBA Latin Fuzion III. Communications IV. Discussion 1. 9:01 Am -- Public Hearing: Coastal Erosion Hazard Board of Review Appeal Dana Didriksen- 6180 Clay Point Road, Fishers Island (SCTM# 1000-2-1-6) 2. 9:15 Am - Charles Sanders, Assessor RP-467 “Local Option” – Veteran’s Disability Compensation 3. 9:30 Am - Assemblywoman Jodi Giglio NYS DMV Representative for Fishers Island 4. 9:45 Am - Heather Lanza, Planning Director and Mark Terry, Asst. Planning Director Affordable Housing Overlay Zone Policy 5. 10:00 Am - Supervisor Russell, Aaron Avent, Park Maintenance Crew Leader Pickleball Courts at Tasker Park 6. Town Attorney Mandatory Employee Work Place Violence & Sexual Harassment Trainings 7. Local Law in Relation to Amendments to Chapters 280-111 Entitled “Prohibited Uses in All Districts” (Seaplane Code Amendments) 8. Supervisor Russell Water Crisis Outreach 9. Local Law in Relation to Amendments to Ch. 280 House Size 10. Change of Zone 2050 Depot Lane 11. EXECUTIVE SESSION - Contract 12:00 pm - Scott DeSimone 12. EXECUTIVE SESSION - Potential Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof 12:30 pm - Melissa Spiro, Land Preservation Coordinator - Town Attorney 13. EXECUTIVE SESSION - General Legal Advice 14. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Appointment of a Particular Person(S) 1:30 pm - Captain Ginas 2:00 pm - Kristie Hansen-Hightower, Town Comptroller - Planning Board Member (Follow up on 8/16 & 8/17 Interviews) - Land Preservation Coordinator (Resumes Were Due 8/19) - Councilwoman Doherty re: Housing Advisory Board - Town Attorney Position V. Resolutions 2022-686 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated August, 23rd, 2022.  Vote Record - Resolution RES-2022-686  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-687 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, September, 6th, 2022 at the Southold Town Hall, Southold, New York at 7:00 P. M..  Vote Record - Resolution RES-2022-687 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2022-647 Tabled 7/5/2022 7:00 PM, 7/19/2022 4:30 PM, 8/9/2022 7:00 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL COZ Cutchogue Woods WHEREAS the Town Board of the Town of Southold has received the application of Housing Initiatives LLC and Georgica Green Ventures LLC, to rezone the 5.66 acre parcel located on the south side of Middle Road (County Road 48) in Cutchogue known as SCTM #1000-101.-02-7.0 from Agricultural Conservation (AC) to Affordable Housing District (AHD); and WHEREAS, the Local Law is entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 5.66 acre parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD)”, and WHEREAS the Town Board of the Town of Southold has considered the application of Housing Initiatives LLC and Georgica Green Ventures LLC, for a change of zone of the parcel known as SCTM #1000-101.-02-7.0 from Agricultural Conservation (AC) to Affordable Housing District (AHD); and The Town Board of the Town of Southold declared itself lead agency for the purposes of SEQRA review for the subject change of zone; and The Town Board of the Town of Southold has received the Southold Town Planning Board and/or Planning Staff’s and the Suffolk County Planning Commission’s reports and recommendations on the proposed rezoning, including a SEQRA and LWRP reports and recommendations; and WHEREAS 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 held a public hearing on a proposed Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 5.66 acre parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD)” at which time all persons were given an opportunity to be heard. The property to be rezoned is south side of Middle Road (County Road 48) known as SCTM #1000-101.-02-7.0 from Agricultural Conservation (AC) to Affordable Housing District (AHD), in Cutchogue. WHEREAS the Town Clerk for the Town of Southold was directed to provide notice to the property owner of public hearing pursuant to Town Code section 280-29(F)(2)(a), now therefor be it RESOLVED, that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled “Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 5.66 acre parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD)”, which reads as follows: LOCAL LAW ______ of 2022 Section 1. Purpose. The purpose of this Local Law is to amend the Zoning Map to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of a 5.66 parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD). Section 2. Code Amendment. The Town is in need of more Affordable Housing. It appropriate to rezone the 5.66 Changing the Zoning Designation of a 5.66 acre parcel known as SCTM #1000-101.-02-7, from Agricultural Conservation (AC) to Affordable Housing District (AHD. Section 3. 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. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law.  Vote Record - Resolution RES-2022-647  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-688 CATEGORY: Attend Seminar DEPARTMENT: Police Dept 2022 Training Request - Police Department RESOLVED that the Town Board of the Town of Southold hereby grants permission for a Representative of the Police Department to attend the 2022 International Association of Chiefs of Police Training Conference in Dallas, Texas from October 14-18, 2022. Related expenses to be a legal charge to the 2022 General Fund Whole Town Budget lines A.3120.4.600.200, A.3120.4.600.300 and A.3120.4.600.225  Vote Record - Resolution RES-2022-688  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-689 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Event Permit 2022-44 Saninno Vineyard RESOLVED that the Town Board of the Town of Southold hereby ratifies the following resolution: RESOLVED that the Town Board of the Town of Southold hereby grants permission to Anthony Sannino to hold Special Event 2022-44 at Saninno Vineyard 15975 CR 48, Cutchogue, New York as applied for in Application SV1a for Wedding, on August 20, 2022 from 6PM- 11PM These events are approved with the following conditions: 1. This is Special Event number 1 of 12 permitted per year as per approved site plan submitted to Southold Town Planning Dept 2. All parking of vehicles for this event must be as shown on the plan submitted with the Southold Town Planning Dept. Provided they adhere to ALL conditions on the application, permit and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York. 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-2022-689  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-690 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Event Permit 2022-45 at the Borghese Vineyard RESOLVED that the Town Board of the Town of Southold hereby grants permission to Times Review to hold Special Event 2022-45 at the Borghese Vineyard , County RD 48, Cutchogue, New York as applied for in Application TR1a for Special Event Celebrating local Farms, Food, Restaurant and Wineries on the North Fork on September 1, 2022 from 6PM to 11PM with the following conditions from Suffolk County Department of Economic Development and Planning, Division of Planning and Environment : 1. The special use permit shall be valid on September 1, 2022 only; and 2. The “Northforker Wine & Food Classic” special event shall be conducted in accordance with the proposal and updated site plan received by the Suffolk County Department of Economic Development and Planning, Division of Planning and Environment, on July 13, 2022, 3. The “Northforker Wine & Food Classic” special event shall not adversely impact the viability of the agricultural operation and/or the associated natural resources; and 4. The landowner shall be responsible for compliance with all conditions of Farmland Committee Resolution No. FC-19-2022, the deed of development rights, the contract of sale, and all applicable federal, state, county, and town regulations, rules and statutes. All parking must be contained on site. Provided they adhere to all conditions on the application , the permit , Suffolk County Department of Economic Development and Planning, Division of Planning and Environment and to the Town of Southold Policy for Special Events and subject to the applicant's compliance with all executive orders of the State of New York. 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-2022-690  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-691 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Christine A. Ryan Account Clerk RESOLVED that the Town Board of the Town of Southold hereby appoints Christine A. Ryan to the position of a full-time Account Clerk for the Human Resource Center effective August 25, 2022, at a rate of $48,660.26 per year.  Vote Record - Resolution RES-2022-691 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-692 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-126 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-126 of the Fishers Island Ferry District adopted August 8, 2022 which reads as follows: WHEREAS Jonathan Allen has resigned from his position as part-time Deckhand (FIFD) with the Fishers Island Ferry District effective Monday August 1, 2022; THEREFORE, IT IS RESOLVED that the Board of Commissioners accepts the resignation of Mr. Allen with effect August 1, 2022. Mr. Allen has no paid time off accruals and no further payments are due to him.  Vote Record - Resolution RES-2022-692 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-693 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-129 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-129 of the Fishers Island Ferry District adopted August 8, 2022 which reads as follows: It is RESOLVED that Karina Curbelo be appointed Full-time Account Clerk Typist (FIFD) with effect August, 24, 2022, and be released from her current Part Time Cashier (FIFD) at the end of business August 23, 2022 with a new salary of $21.00 per hour.  Vote Record - Resolution RES-2022-693  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-694 CATEGORY: Attend Seminar DEPARTMENT: Supervisor Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officer Gregory Sanders to attend the Child Passenger Safety Certification from Sept. 13-16, 2022 at the Holtsville Fire Dept. All expenses for registration, travel to be a legal charge to the 2022 budget line A.3157.4.600.200.  Vote Record - Resolution RES-2022-694  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-695 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification- Capital Financial Impact: Transfer budget for 2022 Capital Plan items WHEREAS, the Town Board of the Town of Southold established and funded a capital project for Police ATV’s, and WHEREAS, the above capital project requires additional funding, and WHEREAS, the Town’s Capital Budget process requires a resolution to amend Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby amends the 2022 Capital Budgets as follows: Decrease Appropriations: H.3120.2.300.200 Police Automobiles $284 Total $284 Increase Appropriations: H.3120.2.100.400 Police ATV’s $284 Total $284  Vote Record - Resolution RES-2022-695  Adopted Yes/Aye No/Nay Abstain Absent  Adopted as Amended Defeated  Sarah E. Nappa     Tabled  Greg Doroski      Withdrawn Brian O. Mealy      Supervisor's Appt  Tax Receiver's Appt Jill Doherty     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-696 CATEGORY: Budget Modification DEPARTMENT: Town Clerk 2022 Budget Modification - Town Clerk Financial Impact: To cover over expended line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund, Whole Town budget as follows: From: A.1410.4.200.100 Town Clerk $ 400.00 Cellular A.1410.4.400.100 Town Clerk 3,100.00 Recording/Meeting Services Total $ 3,500.00 To: A.1410.4.100.125 Town Clerk $3,500.00 Law Books Total $3,500.00  Vote Record - Resolution RES-2022-696 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-697 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges the Retirement of David Blados WHEREAS, the Town of Southold has received notification via U.S. Mail on August 11, 2022 from the NYS Retirement System concerning the retirement of David Blados effective September 29, 2022 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of David Blados from the position of Sanitation Site Crew Leader for the Solid Waste District, effective September 29, 2022.  Vote Record - Resolution RES-2022-697 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-698 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Attend Regional Meeting - NYSTCA 2022 , Rochester RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Denis Noncarrow to attend the NYSTCA 2022 Regional Meeting in Rochester, New York from September 9th thru September 12th, 2022. All expenses to be a legal charge to the 2022 Town Clerk budget.  Vote Record - Resolution RES-2022-698 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-699 CATEGORY: Refund DEPARTMENT: Town Clerk Filming Clean-Up Deposit WHEREAS John Perez supplied the Town of Southold with a refundable Clean-up Deposit fee in the amount of $250.00, and no Traffic Control fee was necessary. RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the total amount of $250.00 to John Perez, 322 W 52nd Street, NY, New York, N Y 10019.  Vote Record - Resolution RES-2022-699 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-700 CATEGORY: Attend Seminar DEPARTMENT: Building Department 2022 Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Fire Marshal James Easton to attend training on Stored Energy Facilities: Plan Review and Inspections at Setauket Fire Department, on September 16, 2022. All expenses for registration and travel to be a legal charge to the 2022 Building Department budget (B.3620.4.600.200 meetings and seminars).  Vote Record - Resolution RES-2022-700  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-701 CATEGORY: Attend Seminar DEPARTMENT: Building Department 2022 Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Fire Marshal James Easton to attend training on Hazardous Materials in Westbury, New York, on August 29, 2022 - September 2, 2022. All expenses for registration and travel to be a legal charge to the 2022 Building Department budget (B.3620.4.600.200 meetings and seminars).  Vote Record - Resolution RES-2022-701  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded   Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action Lost  2022-702 CATEGORY: Attend Seminar DEPARTMENT: Building Department 2022 Training RESOLVED that the Town Board of the Town of Southold hereby grants permission to Fire Marshal James Easton and Chief Building Inspector Michael Verity to attend In-Service Regional Training at Brookhaven Town Hall, on September 27, 2022. All expenses for registration and travel to be a legal charge to the 2022 Building Department budget (B.3620.4.600.200 meetings and seminars).  Vote Record - Resolution RES-2022-702 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-703 CATEGORY: Attend Seminar DEPARTMENT: Historian Attend Seminar - Historian Resolved that the Town Board of the Town of Southold here by grants permission to Amy Folk to attend a seminar entitled Assoc. of Public Historians of NYS 2022 Annual State Conference in Kingston, NY from September 19-21, 2022. All expenses for registration, travel, lodging, meals to be a legal charge the 2022 budget (meetings and seminars).  Vote Record - Resolution RES-2022-703 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-704 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 Saturday, October 8, 2022 only, to serve at no compensation.  Vote Record - Resolution RES-2022-704 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-705 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District SWMD Authorization to Bid: Repairs to Wood Waste Grinder RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for repairs to the Solid Waste Management District’s horizontal wood waste grinder, in accordance with specifications developed by the Solid Waste Coordinator and approved by the Town Attorney. .  Vote Record - Resolution RES-2022-705 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled  Withdrawn Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell      No Action  Lost 2022-706 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2022 Budget Modification: SWMD Financial Impact: Increases appropriation to provide new rubber edge for Volvo #2 bucket. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste Management District budget as follows: From: SR 8160.4.100.650 Town Garbage Bags $1,400 Total $1,400 To: SR 8160.4.100.554 Maint/Supply Volvo ##2 $1,400 Total $1,400  Vote Record - Resolution RES-2022-706 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2022-707 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire School Crossing Guard - Police Department RESOLVED that the Town Board of the Town of Southold hereby appoints Linda McGinness to the position of School Crossing Guard at the daily rate of $128.27 effective September 6, 2022.  Vote Record - Resolution RES-2022-707  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-708 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney Family Movie Night Contract / Swank and Movies in the Moonlight RESOLUTION that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and Movies in the Moonlight, Inc. in connection with the equipment rental in an amount not to exceed $1,700.00 total and Swank Motion Pictures in connection with the rights to show movies not to exceed $435.00 total for the Town’s Youth Bureau Family Movie Night to be held on Oct.14, 2022 to be held as a Drive In movie at Strawberry Fields, County Road 48, Mattituck subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2022-708 Adopted   Adopted as Amended Yes/Aye No/Nay Abstain Absent  Defeated Sarah E. Nappa      Tabled Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans      Supt Hgwys Appt Scott A. Russell      No Action  Lost 2022-709 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Elizabeth Sakarellos Senior Office Assistant WHEREAS Suffolk County Department of Civil Service notified the Town of Southold on August 19, 2022 that the position #14-01-0022 was being reclassified to Senior Office Assistant, be it RESOLVED that the Town Board of the Town of Southold hereby appoints Elizabeth Sakarellos to the position of Senior Office Assistant for the Zoning Board of Appeals effective August 25, 2022 at a rate of $55,231.27 per year.  Vote Record - Resolution RES-2022-709  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-710 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Susan Pontino Senior Office Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Susan Pontino to the position of a full-time Senior Office Assistant for the Building Department, effective August 25, 2022, at a rate of $55,231.27 per year.  Vote Record - Resolution RES-2022-710 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-711 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 8/19/22 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 19, 2022 meetings, as follows: FIFD Resolution# Regarding 2022 - 132 Budget Modification 2022 - 139 Legal  Vote Record - Resolution RES-2022-711  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-712 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-135 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-135 of the Fishers Island Ferry District adopted August 19, 2022 which reads as follows: WHEREAS the Ferry District requires additional Deckhands (FIFD); Therefore it is RESOLVED to appoint, with effect August 25th, 2022, Dylan Benjamin as a part-time Deckhand (FIFD) at a rate of $15.00 per hour. It is further RESOLVED to temporarily appoint with effect August 25, 2022 Mr. Benjamin from part-time to full-time summer seasonal status. On September 14, 2022, Mr. Benjamin will terminate his summer seasonal position (FIFD) and on September 15, 2022 be re-appointed to part-time Deckhand (FIFD).  Vote Record - Resolution RES-2022-712 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  Sarah E. Nappa     Defeated  Greg Doroski     Tabled  Brian O. Mealy      Withdrawn Jill Doherty      Supervisor's Appt Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt   Supt Hgwys Appt  No Action  Lost 2022-713 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-137 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-137 of the Fishers Island Ferry District adopted August 19, 2022 which reads as follows: It is RESOLVED that Karina Curbelo be appointed Full-time Account Clerk Typist (FIFD) with effect August, 25, 2022, and be released from her current Part Time Cashier (FIFD) at the end of business August 24, 2022 with a new salary of $21.00 per hour.  Vote Record - Resolution RES-2022-713 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa      Tabled  Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy     Tax Receiver's Appt  Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action   Lost 2022-714 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Amy Fliss RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Amy Fliss from the position of Full Time Public Safety Dispatcher II for the Police Department effective September 30, 2022.  Vote Record - Resolution RES-2022-714 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa      Defeated  Tabled Greg Doroski     Withdrawn  Brian O. Mealy     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell      Supt Hgwys Appt  No Action  Lost 2022-715 CATEGORY: Refund DEPARTMENT: Town Clerk Refund Disposal Permit RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $30.00 to Tara Bates, 9 Mastro Court, Calverton, NY 11933 for a Commercial Contractor permit she tried to purchase online.  Vote Record - Resolution RES-2022-715 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled   Withdrawn Greg Doroski      Supervisor's Appt Brian O. Mealy      Tax Receiver's Appt Jill Doherty     Rescinded  Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-716 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification- HRC Financial Impact: Transfer funds for HRC equipment purchase RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town Budget as follows: From: A.6772.1.200.100 HRC, Part-Time Employees, Regular Earnings $9,500 Total $9,500 To: A.6772.2.500.700 HRC, Other Equipment $9,500 Total $9,500  Vote Record - Resolution RES-2022-716 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  Greg Doroski      Withdrawn Brian O. Mealy      Supervisor's Appt  Tax Receiver's Appt Jill Doherty     Rescinded  Louisa P. Evans     Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-717 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for SLDC Member RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for a member of the Southold Local Development Corporation Board of Directors.  Vote Record - Resolution RES-2022-717  Adopted  Adopted as Amended Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy     Tax Receiver's Appt  Jill Doherty      Rescinded  Town Clerk's Appt Louisa P. Evans      Supt Hgwys Appt Scott A. Russell     No Action  Lost  2022-718 CATEGORY: Employment - Town DEPARTMENT: Accounting Approves a Paid Leave of Absence Employee #8641 RESOLVED that the Town Board of the Town of Southold hereby approves a paid leave of absence to employee # 8641 effective through November 5, 2022.  Vote Record - Resolution RES-2022-718 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa      Defeated Greg Doroski      Tabled Withdrawn  Brian O. Mealy     Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt   No Action  Lost 2022-719 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Ph 10/18 4:30 Pm - Chapter 280 - Residential Dwelling Size Limits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, rd on the 23 day of August, 2022, a Local Law entitled “A Local Law in relation to Amendments to Chapters 280” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local th Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 18 day of October, 2022 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapter 280,” reads as follows: LOCAL LAW NO. -2022 BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to address issues concerning the maximum size of one and two family dwellings in certain zoning districts consistent with the Southold Town Comprehensive Plan adopted September 8, 2020, the Vision Statement of which calls for future planning within the Town to be consistent with existing community character and a periodic review and amendment of the Town Code to that end. The Town Board because of objectives outlined in the plan, especially Chapter 3 Land Use and Zoning, finds it necessary to draft and adopt new code that establishes standards for the construction and reconstruction of residential dwellings in certain zoning districts. Such standards will establish maximum limits on house size based on lot size and are necessary to maintain the community character of the residential communities as called for in the Comprehensive Plan. II. Chapter 280 of the Code of the Town of Southold is hereby amended to include the underlined words and remove the struck through words as follows: §280-4 Definitions. FLAT, LOW SLOPE OR MANSARD ROOF Any roof that has a pitch of 3:12 or less. FLOOR AREA, GROSS (GFA) The cumulative area, in square feet, of all floor levels of every story of all dwellings on a lot, including attached garages, having a clear height of not less than six feet measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. Interior spaces with a floor-to-ceiling height in excess of fifteen (15) feet shall be counted twice for gross floor area. The cumulative area shall not include roof overhangs less than three (3) feet, unenclosed porches, patios, decks, open terraces; balconies; basements and attics. Accessory buildings or structures shall also be excluded, except any portion thereof which may be converted to habitable space. Such habitable portion shall be included in the Gross Floor Area. GROSS FLOOR AREA See FLOOR AREA, GROSS HEIGHT OF BUILDING The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any grade alteration or fill, to the highest point of the roof, parapet or railing. for flat and mansard roofs, and to the mean height between eaves and ridge for other type roofs. SKY PLANE OF LOT The Sky Plane is formed by imaginary lines starting at all property lines parallel or adjacent to the building or structure at ten (10) feet above the average elevation of the natural grade (prior to any grade alteration or fill) and extending inward toward the center of the lot at a 45 degree angle. Article XXXVI Residential Dwelling Size Limits §280-207 Maximum gross floor area for residential dwellings in A-C, R-40, R-80, R-120, R-200, and R- 400 Districts. A. Maximum gross floor area (GFA): 1. The gross floor area shall not exceed the permitted square footage calculated as follows: a. Lots containing up to 10,000 square feet of lot area: 2,100 square feet maximum. b. Lots containing up to 20,000 square feet of lot area: 2,100 square feet plus 12.5% of the lot area in excess of 10,000 square feet up to a total of 3,350 square feet maximum. c. Lots containing up to 30,000 square feet of lot area: 3,350 square feet plus 10 % of the lot area in excess of 20,000 square feet up to a total of 4,350 square feet maximum. d. Lots containing up to 40,000 square feet of lot area: 4,350 square feet plus 7.5 % of the lot area in excess of 30,000 square feet up to a total of 5,100 square feet maximum. e. Lots up to 80,000 square feet of lot area: 5,100 square feet plus 5% of the lot area in excess of 40,000 square feet up to a total of 7,100 square feet maximum. f. Lots up to 200,000 square feet of lot area: 7,100 square feet plus 2.5% of the lot area in excess of 80,000 square feet up to a total of 10,100 square feet maximum. g. All Lots in excess of 200,000 square feet of lot area: 10,100 square feet plus 1% of any additional lot area. 2. In determining the maximum permitted gross floor area, the following provisions shall apply: a. “Lot area” shall have the same meaning as the area of a lot or parcel defined as “buildable land” in this Chapter. b. In determining the maximum lot coverage, whether under the gross floor area requirement or the percentage restriction in this Section, the more restrictive requirement or standard shall apply. c. The new construction, re-construction or improvement of any dwelling shall be limited by the standards established by this code, or by variance not to exceed the average GFA of dwellings in the immediate area as determined by the Zoning Board of Appeals. d. Any existing dwelling as of the effective date of this section that exceeds the maximum GFA defined herein shall be deemed non-conforming for the purpose of this chapter. e. The gross floor area restrictions set forth in this section shall not apply to farm labor housing. ZONIN+A1:M20G 280 Attachment 3 Town of Southold Bulk Schedule for Residential Districts \[Added _/_/2021 by L.L. No. 1-2021\] Column No.iiiiiiivvviviiixxxixii Residential Unit 2-Family §280-208 Pyramid Law Where Detached Community Dwelling Water ands A. Any building or structure on any lot in the A-C, R-40, R-80, R-120, R-200, and R-400 Zoning Districts Sewer Availablein R-80 District DistrictA-CR-40R-80R-120R-200R-400HDRRRO must be within the sky plane. Minimum requirements for 1-family detached dwellings 1 Lot size (square feet)80,00040,00080,000120,000200,000400,0020,00020,00040,00010,000160,000 B. If, in the determination of the Chief Building Inspector, conformance with subsection (A) is not Lot width (feet)175150175200270270757515060270 Lot depth (feet)25017525030040040012012017580400 possible, a building or structure may be permitted so long as the overall height is not in excess of the Front yard (feet)6050606060603535503060 Side yard (feet)2015203030301515151530 Both side yards (feet)4535456060603030353060 average height of the adjacent parcels within 500 feet to each side of the subject parcel, on the same side Rear yard (feet)755075851001003535503085 Livable floor area (square feet per dwelling 85085085085085085085028503850850850 of the street and in the same zoning district. Maximum permitted dimensions:4 Lot coverage (percent)20202010552525202510 Building height (feet) (5) (6)35/2535/2535/2535/2535/2535/253535/25353535/25 Number of stories2½2½2½2½2½2½2½2½2½2½2½ NOTES: III. SEVERABILITY See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. 1 Except one-bedroom or studio in multiple dwelling may have 600 square feet. Minimum floor area may be reduced up to 200 for moderate- and/or lower-cost dwellings. 2 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of Except one-bedroom or studio in multiple dwelling may have 600 square feet. 3 competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part See Limits to Gross Floor Area (GFA) in Section 280-4 4 Building height for all districts: 35’ to peak of sloping roofs, 25’ for flat or mansard roofs see Definitions 5. Roofs must be within the Sky Plane see Definitions thereof other than the part so decided to be unconstitutional or invalid. 6. 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-2022-719 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Sarah E. Nappa     Defeated  Tabled  Greg Doroski      Withdrawn Brian O. Mealy      Supervisor's Appt Jill Doherty      Tax Receiver's Appt Rescinded Louisa P. Evans      Town Clerk's Appt  Scott A. Russell     Supt Hgwys Appt  No Action  Lost  2022-720 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 10/4/22 7:01 Pm - Chapter 280 Seaplanes WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, rd on the 23 day of August, 2022, a Local Law entitled “A Local Law in relation to Amendments to Chapters 280-111 entitled Prohibited uses in all districts” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 4th day of October, 2022 at 7:01 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to Amendments to Chapters 280-111 entitled Prohibited uses in all districts” reads as follows: LOCAL LAW NO. 2022 A Local Law entitled, “A Local Law in relation to Amendments to Chapters 280-111 entitled Prohibited uses in all districts”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. It has been determined by the Town Board that in order to protect the health and safety as well as maintain the quality of life for the residents of the Town of Southold it is necessary to regulate the landing, takeoff or loading of seaplanes on the waters within the jurisdiction of the Town of Southold. Accordingly, amendments to Chapter 280 are warranted. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-111 Prohibited uses in all districts. \[Amended 11-24-1992 by L.L. No. 26-1992; 8-8-2006 by L.L. No. 7-2015; 8-25-2015 by L.L. No. 7-2015\] A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare, except where such activity is licensed or regulated by other governmental agencies. B. Artificial lighting facilities of any kind which create glare beyond lot lines. C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes; chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins; pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch. D. The following processes: (1) Nitrating of cotton or of other materials. (2) Milling or processing of flour. (3) Magnesium foundry. (4) Reduction, refining, smelting and alloying metal or metal ores. (5) Refining secondary aluminum. (6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil. (7) Distillation of wood or bones. (8) Reduction and processing of wood pulp and fiber, including paper mill operations. E. Operations involving stockyards, slaughterhouses and slag piles. F. Storage of explosives. G. Quarries. H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands. I. Encumbrances to public roads. (1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public highway, roadway, right-of-way or sidewalk causing a public nuisance or hazardous condition, or resulting in flooding or pooling in or around the public area, including neighboring properties. (2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use of the public highway, roadway, right-of-way or sidewalk. J. Transient rental properties. \[Amended 12-14-2021 by L.L. No. 22-2021; 1-18-2022 by Res. No. 2022- 117\] K. Aircraft prohibited. \[Added 7-31-2018 by L.L. No. 9-2018\] (1) Helicopters prohibited. No person, firm or corporation, except those with prior valid approvals, shall land or cause to be landed, take off or cause to take off or taxi any helicopter on or from the waters, beaches or on any land within the Town of Southold. (2) Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off or taxi any seaplane on or from the waterways under the jurisdiction of the Town of Southold Board of Trustees. Seaplanes prohibited. No person, firm or corporation shall land or cause to be landed, take off or cause to take off, taxi, or emplane or deplane any seaplane on or from Town beaches and waterways, trustee waters and beaches, Town waters, Town docks, and/or floats. (3) This subsection shall not apply to Town-owned airfields, medical or police emergency landings and takeoffs or aircraft involved in medical or military emergencies, or aircraft involved in operations involving public health and safety. (4) This subsection shall not apply to the use of aircraft as an accessory use to agricultural production as set forth in § 280-13C(12). 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-2022-720  Adopted Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-721 CATEGORY: Coastal Erosion DEPARTMENT: Town Clerk CEA Didriksen WHEREAS, the Board of Trustees denied the application of Keith Neilson of Docko Inc. on behalf of Dana Didriksen to construct ± 130 linear feet of 4' wide fixed wood pile supported pier in which ±73 linear feet is waterward of the Mean High Water Line and ± 86 linear feet is waterward of the Apparent High Water Line; proposed pier to include rails, water/electric utilities, two tie off piles, two (2) ladders, and a removable pile restrained ships ladder; also to establish a wood chip access path through the brush landward of the Apparent High Water Line; with the condition of the use of thru-flo decking; and that there is no tie-up for vessels on the interior portion of the arm of the dock; and as depicted on the site plan prepared by Docko, Inc., dated December 29, 2021, within a near shore area in a Coastal Erosion Hazard Area located on property on parcel SCTM# 1000- 2-1-6, 6180 Clay Point Road, Fishers Island, New York, under the Town of Southold Coastal Erosion Hazard Areas Law (the “Law”) of the Town of Southold pursuant to Section 111-11(c); and WHEREAS, on July 11, 2022, the Applicant submitted an application to the Town Board of the Town of Southold seeking to appeal the determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements of the Law; and WHEREAS, on August 23, 2022, the Town Board conducted a duly noticed public hearing on the instant appeal with an opportunity for all interested parties to be heard and testimony was taken of the Applicant’s consultant and other interested parties; and WHEREAS, the application has been reviewed pursuant to Chapter 268, Waterfront Consistency Review of the Town Code and the Local Waterfront Revitalization Program; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed action is classified as a Type II Action and is not subject to review pursuant to SEQRA Rules and Regulations for this action; and be it further RESOLVED that the Town Board of the Town of Southold does hereby adopt the Findings and Determination dated August 23, 2022 granting the application of Keith Neilson of Docko Inc. on behalf of Dana Didriksen for a coastal erosion hazard area permit pursuant to §111-20 of the Town of Southold Coastal Erosion Hazard Area Law and be it further RESOLVED that the Town Board had determined that this action is consistent with Chapter 268, Local Waterfront Revitalization Program; and be it further RESOLVED that this Determination shall not affect or deprive any other agency of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion Hazard Areas Law considered herein.  Vote Record - Resolution RES-2022-721 Adopted  Adopted as Amended  Yes/Aye No/Nay Abstain Absent Defeated  Sarah E. Nappa     Tabled  Withdrawn  Greg Doroski     Supervisor's Appt  Brian O. Mealy      Tax Receiver's Appt Jill Doherty      Rescinded Town Clerk's Appt  Louisa P. Evans     Supt Hgwys Appt  Scott A. Russell     No Action  Lost  2022-722 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Purchase of 2425 Laurel Avenue, LLC rd WHEREAS, the Town Board of the Town of Southold held a public hearing on the 23 day of August, 2022, on the question of the purchase of fee title to property owned by 2425 Laurel Avenue LLC, f/k/a Daniel Messina, as Contract Vendee, for open space preservation pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM#1000-55.-6-35, part of SCTM #1000-55.-6-36 and part of SCTM #1000-56.-1-1. The address of the property is 705, 751 & 2425 Laurel Avenue, Southold. The property is located within the Low-Density Residential R-80 Zoning District; and WHEREAS, the proposed acquisition is for the Town of Southold to acquire fee title to 43.6 acres for open space preservation. The exact area of the purchase is subject to survey. The 43.6 acre parcel is part of a proposed 80/60 Clustered Conservation Subdivision before the Planning Board for a subdivision of 50± acres into eight (8) residential lots of approximately 35,000 sq. ft. each, and one 43.6± acre parcel; and WHEREAS, the purchase price for the 43.6± acre parcel is $1,250,000 (one million two hundred fifty thousand dollars) plus any acquisition costs associated with the purchase of this property. The purchase will be funded by the Town’s Community Preservation Fund; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved for open space preservation and the preservation of wetlands. The purpose of this acquisition is for open space, passive recreational purposes and wetland protection. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes, all subject to a Management Plan which will be developed for this property; and WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Coordinator and the Town Board have reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, and have determined that fifty-three point six (53.6) Sanitary Flow Credits may be available for transfer from the property upon the Town’s purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town TDR Bank; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title to the subject property for the purposes of the preservation of open space, passive recreational purposes and wetland protection.; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to property owned by 2425 Laurel Avenue LLC, f/k/a Daniel Messina, as Contract Vendee, identified as SCTM#1000-55.- 6-35, part of SCTM #1000-55.-6-36 and part of SCTM #1000-56.-1-1, for open space preservation. The purchase price for the 43.6± acre parcel is $1,250,000 (one million two hundred fifty thousand dollars) plus any acquisition costs associated with the purchase of this property. The purchase will be funded by the Town’s Community Preservation Fund. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board have determined that this action is consistent with the LWRP. The Land Preservation Coordinator and Town Board have determined that fifty-three point six (53.6) Sanitary Flow Credits may be available for transfer from the property upon the Town’s purchase of the property.  Vote Record - Resolution RES-2022-722 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  Sarah E. Nappa     Defeated  Greg Doroski     Tabled  Brian O. Mealy      Withdrawn Jill Doherty      Supervisor's Appt  Tax Receiver's Appt Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt  Supt Hgwys Appt  No Action  Lost  VI. Public Hearings 1. PH 8/23 9:01 Am - CEA Didriksen 2. PH 8/23 4:30 Pm Daniel Messina / Land Purchase