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HomeMy WebLinkAboutAG-12/13/2022 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 SOUTHOLD TOWN BOARD December 13, 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 December 13, 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. Planning Dept. Reports Sept. 2022 Oct. 2022 2. Trustees Monthly Report Nov. 2022 3. ZBA Monthly Report November 2022 4. Town Clerk Monthly Report November 2022 II. Public Notices III. Communications IV. Discussion 1. 9:00 A.M. - John Sepenoski, GIS Technician with Taralynn Reynolds, Group for the East End Updates on Bay to Sound Phase 5 and Downs Farm Preserve 2. 9:15 A.M. - Denis Noncarrow 2023 Community Development Block Grant (CDBG) Funding 3. 9:30 A.M. - Jim Bunchuck, Solid Waste Management Coordinator Update on the Grinder 4. Councilwoman Nappa Update on the Water Advisory Committee 5. EXECUTIVE SESSION - Matters that Could Impact Public Security 11:00 A.M. - Lloyd Reisenberg, Network and Systems Administrator 6. EXECUTIVE SESSION - Potential Acquisition(S), Sale or Lease of Real Property Where Publicity Would Substantially Affect the Value Thereof - John Burke, Deputy Town Attorney 11:30 A.M. - Melissa Spiro, Land Preservation Coordinator 7. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Appointment of a Particular Person(S) 11:45 A.M. - Melissa Spiro, Land Preservation Coordinator 12:15 P.M. - Dan Goodwin, Superintendent of Highways - Councilwoman Nappa re: Water Advisory Committee Members - Land Preservation Coordinator Position -Town Attorney Position - Government Liaison Position V. Resolutions 2022-955 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated December, 13th, 2022.  Vote Record - Resolution RES-2022-955  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  2022-956 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Organizational Town Board Meeting RESOLVED that the Organizational Meeting of the Southold Town Board be held, Tuesday, January 3, 2023 at the Southold Town Hall, Southold, New York at 11:00 A. M..  Vote Record - Resolution RES-2022-956 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  2022-957 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, January 3rd, 2023 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2022-957 Adopted  Yes/Aye No/Nay Abstain Absent  Adopted as Amended Sarah E. Nappa     Defeated  Greg Doroski     Tabled  Brian O. Mealy     Withdrawn  Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Louisa P. Evans      Rescinded Scott A. Russell      Town Clerk's Appt  Supt Hgwys Appt No Action  Lost  2022-958 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to PO Patrick Robbins to attend the AXON Taser Instructor Course at the East Hampton PD in Wainscott, NY on December 14, 2022. Expenses for registration to be a legal charge to the 2022 budget line A.3120.4.600.200  Vote Record - Resolution RES-2022-958  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  2022-959 CATEGORY: Budget Modification DEPARTMENT: Police Dept 2022 Budget Modification - Police Department Financial Impact: Reallocation of budgetary funds to relieve over expenditures RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.3120.1.100.500 Police/PS/Holiday Earnings $14,000 A.3120.1.300.100 Seasonal/Temp Employees/Regular Earnings $200 Total $14,200 To: A.3120.1.100.400 Police/PS/Sick Earnings $14,000 A.3120.1.300.200 Seasonal/Temp Employees/Overtime $200 Total $14,200  Vote Record - Resolution RES-2022-959 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 2022-960 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District 2022 Budget Modification: SWMD Financial Impact: Covers expected cost for heating oil for facility shop; steel cutting edge for CAT 966. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste Management District budget as follows: From: SR 8160.2.100.300 Chairs $ 350 SR 8160.4.100.100 Office Supplies/Stationary 200 SR 8160.4.100.120 Employee Work Gear 200 SR 8160.4.100.130 Safety Supplies 250 SR 8160.4.100.400 Welding Supplies 200 SR 8160.4.100.525 Tires (Payloader/Truck) 600 SR 8160.4.100.566 Maint/Supplies Quarry Truck 150 SR 8160.4.100.576 Maint/Supplies Windrow Turner 350 SR 8160.4.100.580 Maint – Ford Tractor 650 SR 8160.4.600.200 Meetings and Seminars 250 Total $3,200 To: SR 8160.4.100.250 Heating Fuel $1,500 SR 8160.4.100.551 Maint/Supplies CAT 966 Loader 1,700 Total $3,200  Vote Record - Resolution RES-2022-960  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  2022-961 CATEGORY: Budget Modification DEPARTMENT: Land Preservation 2022 Budget Modification - Community Preservation Fund Financial Impact: to cover costs on overdrawn budget line RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Community Preservation Fund budget as follows: From: CM.8660.2.500.100 Legal Counsel $ 9,050 Total $ 9,050 To: CM.8660.2.500.200 Appraisals $ 9,050 Total $ 9,050  Vote Record - Resolution RES-2022-961 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 2022-962 CATEGORY: Refund DEPARTMENT: Building Department Refund for Pre-Co Building Department RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund in the amount of $100.00 to Rosemarie and Robert Wagner, 8310 Soundview Avenue, Southold, NY for a Pre-existing Certificate of Occupancy that was not needed.  Vote Record - Resolution RES-2022-962  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  2022-963 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Execute an Agreement - Hinck Electrical Contractors, Inc. Financial Impact: Agreement needs to be signed off. RESOLVED 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 Hinck Electrical Contractors, Inc. in connection with traffic light repairs and maintenance along County Route 48, at a cost of $2,565.00 per month plus an additional annual inspection, relamping or cleaning of LED’s fee $8.50 per signal section once per year, for a one year term, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2022-963  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 Scott A. Russell     Town Clerk's Appt   Supt Hgwys Appt No Action  Lost  2022-964 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-187 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-187 of the Fishers Island Ferry District adopted December 5, 2022 which reads as follows: WHEREAS the Ferry District requires additional Cashiers (FIFD); Therefore it is RESOLVED to appoint, with effect December 15th, 2022, Swillia Moore as a part-time Cashier (FIFD) at a rate of $15.00 per hour.  Vote Record - Resolution RES-2022-964 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  2022-965 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2022-188 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-188 of the Fishers Island Ferry District adopted December 5, 2022 which reads as follows: WHEREAS the Ferry District requires additional Deckhands (FIFD); THEREFORE, IT IS RESOLVED to rehire Joel Ludka as a part-time Deckhand (FIFD) with a starting wage of $15.75 effective December 15, 2022.  Vote Record - Resolution RES-2022-965 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  2022-966 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Amend Resolution 2022-940 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2022-940 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2022-183 of the Fishers Island Ferry District adopted November 21, 2022 which reads as follows: WHEREAS Hunter Kucsera has resigned from his position as Laborer (FIFD) with the Fishers Island Ferry District effective Wednesday November 30, 2022; THEREFORE, IT IS RESOLVED that the Board of Commissioners accepts the resignation of Mr. Kucsera with effect November 30, 2022. Mr. Kucsera has no paid time off accruals and no further payments are due to him.  Vote Record - Resolution RES-2022-966 Yes/Aye No/Nay Abstain Absent Adopted  Adopted as Amended  Sarah E. Nappa      Defeated Greg Doroski      Tabled Brian O. Mealy     Withdrawn  Supervisor's Appt  Jill Doherty     Tax Receiver's Appt  Louisa P. Evans     Rescinded  Scott A. Russell     Town Clerk's Appt   Supt Hgwys Appt  No Action Lost  2022-967 CATEGORY: Employment - Town DEPARTMENT: Accounting Acknowledges Intent to Retire- Roger Richert RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Roger Richert from the position of PT Electrical Inspector for the Building Department, effective close of business December 30, 2022.  Vote Record - Resolution RES-2022-967  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  2022-968 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting New York States Municipal Worker’s Compensation Alliance Agreement Financial Impact: Worker’s Compensation WHEREAS the Town of Southold prepared a request for proposals regarding the Town’s Workers Compensation Insurance coverage, and; WHEREAS the Town Comptroller has reviewed each of the submitted proposals and recommends obtaining coverage through the New York States Municipal Worker’s Compensation Alliance, and; WHEREAS the Town Board has determined that it is in best interest of the Town to enter into an agreement for such coverage; RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Member Participation Agreement with the New York State Municipal Workers’ Compensation Alliance for the participation period of January 1, 2023 to December 31, 2023.  Vote Record - Resolution RES-2022-968  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  2022-969 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting New York Municipal Insurance - Policies Financial Impact: Authorization to bind 2023 insurance coverage RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute insurance policies with New York Municipal Insurance for the period of January 1, 2023 to December 31, 2023.  Vote Record - Resolution RES-2022-969  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  2022-970 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 12/5/22 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 December 5, 2022 meeting, as follows: FIFD Resolution# Regarding 2022 - 186 Budget Modification 2022 - 189 Legal/Cook  Vote Record - Resolution RES-2022-970 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  2022-971 CATEGORY: Special Events DEPARTMENT: Town Clerk Denial of Permit-Polar Tree Farm WHEREAS on November 28, 2022, Polar Tree Farm aka Santa’s Christmas Tree Farm, 30105 RT 25, Cutchogue, NY filed an application identified as PTF1a for special event permits for Fireworks and Holiday fun at Santa’s Tree Farm to be held on December 17, 2021 from 6PM to 8PM and WHEREAS the Special Events Committee has recommended denial of the permit WHEREAS The Town Board has determined that the event will have a negative impact on the safe and orderly movement of traffic within and contiguous to the event as well as fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. WHEREAS, the Town Board has also determined that the event will have a negative impact on adjacent property owners and the surrounding neighborhood. The negative impact to neighbors is from loud noise generated by the fireworks. RESOLVED the Town Board of the Town of Southold hereby DENIES the applications identified as PTF1a, Polar Tree Farm aka Santa’s Christmas Tree Farm  Vote Record - Resolution RES-2022-971 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  2022-972 CATEGORY: Special Events DEPARTMENT: Town Clerk Southold Town Winter Fest 2023 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Economic Development Committee to hold the Winter Fest on February 18, 2023 from 9:00 am to 5:00 pm on Town property located at 53670 Route 25 and 53720 Route 25, Southold, provided they follow all the conditions in the Town's Policy for Special Events on Town Properties and subject to the applicant's compliance with all executive orders of the State of New York. All Town fees for this event are waived.  Vote Record - Resolution RES-2022-972  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  2022-973 CATEGORY: Refund DEPARTMENT: Town Clerk Various Clean Up Deposits 2022 WHEREAS the following groups have supplied the Town of Southold with a refundable Clean-up Deposit fee, for their events and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefore be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of the deposit made to the following Name Date Received Amount of Deposit Mattituck-Cutchogue Athletic 9/22/22 $1,500.00 Booster Club PO Box 1135 Mattituck, N Y 11952  Vote Record - Resolution RES-2022-973 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  2022-974 CATEGORY: Refund DEPARTMENT: Town Clerk Filming Clean-Up Deposit Refund / PSB Media Inc. WHEREAS PSB Media Inc., 568 Broadway, New York, NY 10014 supplied the Town of Southold with a refundable Clean-up fee of 250.00 for a Filming on October 6th, 2022. RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the total amount of $250.00 .  Vote Record - Resolution RES-2022-974 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 2022-975 CATEGORY: Legal DEPARTMENT: Town Attorney Easement with Mattituck Park District RESOLVED, the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Easement Agreement granting Southold Town an easement over a certain unimproved section of property owned by The Mattituck Park District and located at the corner of Peconic Bay Blvd and Bay Avenue, Mattituck, New York , identified as tax map #1000-126.00-06.00-018.000 as depicted on a survey by LKMA dated December 7, 2022, subject to the approval of the Town Attorney  Vote Record - Resolution RES-2022-975 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 2022-976 CATEGORY: Budget Modification DEPARTMENT: Human Resource Center 2022 Budget Modification HRC Financial Impact: Transfer funds for HRC equipment and contractual expenses. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: Appropriations Programs for the Aging A.6772.1.200.100 Part-Time Employees Regular Earnings $1,000 To: Appropriations Contractual Expenses A.6772.4.100.125 Kitchen Supplies $1,000  Vote Record - Resolution RES-2022-976  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  2022-977 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Police Uniform Cleaning 2023 Financial Impact: For Cleaning Police Uniforms for 2023 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Hoppy's Cleaners in Greenport to clean Southold Town Police Uniforms for calendar year 2023 in the amounts indicated on the bid submitted, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2022-977  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  2022-978 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bid for Milk 2023 Financial Impact: To supply Milk for Human Resource Center for 2023 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Arshamomaque Dairy Farm, Inc. to supply the Senior Nutrition Programs with milk at a rate of .44¢ per ½ pint and $5.00 per gallon for the calendar year 2023, all in accordance with the Town Attorney.  Vote Record - Resolution RES-2022-978 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  2022-979 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Sand Bid 2023 Financial Impact: sand for ice control RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Guillo Contracting Corp. for supplying the Southold Town Highway Department with sand for the year 2023 at $29.75 per cubic yard.  Vote Record - Resolution RES-2022-979 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 2022-980 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification - Tax Collection Financial Impact: Transfer funds to cover tax bill postage increase RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.1990.4.000.100 Unallocated Contingencies $970 Total $970 To: A.1330.4.600.400 Tax Collection, Tax Bill Postage $970 Total $970  Vote Record - Resolution RES-2022-980 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  2022-981 CATEGORY: Authorize Payment DEPARTMENT: Town Attorney Payment to Michael Palermo for Vehicle Damage RESOLVED that the Town Board of the Town of Southold hereby authorizes a payment to Michael Palermo, 114 Circuit RD, Bellport, NY 11713 in the amount of One Thousand Two Hundred and Sixty Four Dollars and Forty Cents ($1,264.40), for the costs of repairs to a vehicle damaged from a motor vehicle damage from accident on July 30, 2022 parking lot west of Love Lane and East of Pacific Ave.  Vote Record - Resolution RES-2022-981  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  2022-982 CATEGORY: Authorize to Bid DEPARTMENT: Public Works RFP Beach Dependent Species Management RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerks office to advertise for Request for Proposals for the Beach Dependant Species Management Plan.  Vote Record - Resolution RES-2022-982 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 2022-983 CATEGORY: Agreements - Non DEPARTMENT: Town Attorney An Agreement Between the Town of Southold and Hinck Electrical Contractors, Inc RESOLVED 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 Hinck Electrical Contractors, Inc., for traffic signal maintenance pursuant to the terms and conditions of the accepted and contracted bid dated February 2, 2022 with the Suffolk County under Contract No. TSIM-022222, and extended to the Town of Southold pursuant to §103(16) of the General Municipal Law, subject to the approval of the Town Attorney and funded from budget line A.3310.4.400.600. .  Vote Record - Resolution RES-2022-983  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 2022-984 CATEGORY: Authorize Payment DEPARTMENT: Accounting FIFD Barracks Emergency Boiler Repair RESOLVED that the Town Board of the Town of Southold hereby authorizes the necessary emergency work required to replace the boiler at the Fishers Island Police Barracks. All expenses for completing these repairs shall be a legal charge to the 2022 General Fund Whole Town Buildings and Grounds budget code A.1620.4.400.200 (Property Maintenance and Repairs).  Vote Record - Resolution RES-2022-984 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  2022-985 CATEGORY: Grants DEPARTMENT: Town Clerk 2023 CDBG Program RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to sign the Project Description Forms for the 2023 Community Development Block Grant Program as follows: Community Action of Southold Town $ 25,000. Maureen’s Haven $ 25,000 ADA upgrades to Town Hall Bathrooms $ 200.00  Vote Record - Resolution RES-2022-985  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  2022-986 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Temporary Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer Loper to the position of Temporary Seasonal Full Time Tax Cashier effective December 13, 2022 through March 12, 2023 at a rate of pay of $19.36 per hour.  Vote Record - Resolution RES-2022-986  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  2022-987 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Amend Resolution 2022-940 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2022-952 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Sabrina Born to Senior Account Clerk for the Office of the Town Clerk, effective November 18, 2022, at a rate of $65,378.49 per annum.  Vote Record - Resolution RES-2022-987  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  2022-988 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Create Southold Water Advisory Committee RESOLVED that the Town Board of the Town of Southold hereby creates the Southold Water Advisory Committee. The committee shall consist of seven (7) members, one (1) Trustee liaison and one (1) Town Board liaison. Members shall serve a two (2) year term (initial appointments shall be three (3) members for one (1) year and four (4) members for two (2) years.)  Vote Record - Resolution RES-2022-988  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  2022-989 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Senior Citizens Center Manager WHEREAS the Suffolk County Department of Civil Service has established that there is no eligible list for Senior Citizens Center Manager, and WHEREAS the Town Board of the Town of Southold has determined that the Town should fill the Senior Citizens Center Manager position for the Human Resource Center with a provisional appointment, and has received permission from Suffolk County Department of Civil Service to make said provisional appointment, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Shatina Jayne to the position of provisional Senior Citizens Center Manager for the Human Resource Center, effective December 15, 2022 at a rate of $68,076.65 per year.  Vote Record - Resolution RES-2022-989  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  2022-990 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification - Capital (DPW) Financial Impact: Appropriate ARPA funds to cover additional costs for HRC Carpet WHEREAS the Town Board of the Town of Southold adopted a 2022 Capital Budget which includes an appropriation for HRC Building Improvements, and WHEREAS due to project expansion, this project needs 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 modifies the 2022 General Fund Whole Town and Capital budgets as follows: Increase Revenues: A.4089.00 Federal Aid, ARPA Funding $7,602 Total $7,602 Increased Appropriations: A.9901.9.000.100 Transfer to Capital $7,602 Total $7,602 Capital Project Name: HRC Building Improvements Financing Method: Transfer from General Fund Whole Town Budget: Increase Revenues: H.5031.18 Interfund Transfers, Building Improvements $7,602 Total $7,602 Increase Appropriations: H.1620.2.500.225 HRC Building Improvements $7,602 Total $7,602  Vote Record - Resolution RES-2022-990 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  2022-991 CATEGORY: Employment - Town DEPARTMENT: Accounting Accepts Resignation of Christopher Aiello RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Christoper Aiello from the position of Full Time Automotive Equipment Operator for the Highway Department effective close of business January 3, 2023.  Vote Record - Resolution RES-2022-991 Adopted  Yes/Aye No/Nay Abstain Absent Adopted as Amended  Defeated  Sarah E. Nappa     Tabled  Greg Doroski      Withdrawn Brian O. Mealy      Supervisor's Appt Jill Doherty Tax Receiver's Appt      Rescinded  Louisa P. Evans     Town Clerk's Appt   Supt Hgwys Appt Scott A. Russell     No Action  Lost  2022-992 CATEGORY: Advertise DEPARTMENT: Highway Department Advertise for Snow Removal Services on FIshers Island RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to advertise for the contracting of snow removal on Fishers Island for the 2022-2023 season.  Vote Record - Resolution RES-2022-992 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 2022-993 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Bid for Brush Grinding RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the processing (grinding) of brush on the Town Compost Facility in Cutchogue for a period of one work week’s duration, subject to specifications developed by the Solid Waste Coordinator and approved by the Town Attorney. .  Vote Record - Resolution RES-2022-993 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  Scott A. Russell     Town Clerk's Appt   Supt Hgwys Appt No Action  Lost  2022-994 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification: SWMD Financial Impact: Increase budget for major grinder repair RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 Solid Waste Management District budget as follows: Increase Revenues: SR.5990.00 Appropriated Fund Balance $75,000 Total $75,000 Increase Appropriations: SR.8160.4.400.664 Repairs, Morbark Grinder $75,000 Total $75,000  Vote Record - Resolution RES-2022-994  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  2022-995 CATEGORY: Legal DEPARTMENT: Accounting Authorization to Waive the Town Procurement Policy WHEREAS, the Town of Southold Solid Waste Management District, through the competitive bidding process and in compliance with the Town Procurement Policy, previously selected a vendor to complete major repairs to the Morbark grinder, and; WHEREAS, the aforementioned vendor is no longer a manufacturer authorized repair center, and; WHEREAS, the backlog of grinding caused by this issue has created a dangerous fire hazard due to storage capacity and weather conditions, has interrupted a vital service for the residents of the town, and will create public safety issues should there be extreme weather, therefore be it; RESOLVED, that the Town Board of the Town of Southold waives the provisions of the Town Procurement Policy and authorizes immediate action with regard to the repair of the Morbark grinder to avoid a dangerous condition affecting the life, health, safety or property of the Town or its inhabitants.  Vote Record - Resolution RES-2022-995 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 2022-996 CATEGORY: Equipment DEPARTMENT: Solid Waste Management District Mobark Grinder Repairs RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to enter into an agreement with Iron Mountain Solutions to begin immediate repairs on the Mobark grinder, in accordance with the Town Attorney’s office. Funds are available in account SR.8160.4.400.664 (Repairs, Morbark Grinder)  Vote Record - Resolution RES-2022-996 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 2022-997 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Purchase of SCTM #141-4-10 WHEREAS, the Town Board of the Town of Southold is desirous of acquiring a parcel of real property as set forth hereinafter, and WHEREAS, the said property is situated on Sound Avenue at the intersection with Pacific Street, Town of Southold, New York (SCTM No. 1000, Section 141, Block 4, Lot 10), being a parcel of real property which is required for drainage improvements, and WHEREAS, in order to acquire the said parcel it is necessary that an appraisal of the value of the property be made in order that a fair and reasonable amount may be offered and paid to the owner of the real property, and WHEREAS, in order to acquire said parcel it may be necessary that certain title, appraisal and engineering services be performed; now, therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to proceed to acquire a parcel of real property situated on Sound Avenue at the intersection with Pacific Street, Town of Southold, New York (SCTM No. 1000, Section 141, Block 4, Lot 10), by negotiated purchase; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to retain the services of a title examiner as well as an appraiser in furtherance of the acquisition of the real property herein; and be it FURTHER RESOLVED that the Town Attorney is hereby authorized and directed to appoint an engineer for the purpose of performing engineering and related services as they may be required for the acquisition of the real property herein. FURTHER RESOLVED , the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a real estate purchase contract.  Vote Record - Resolution RES-2022-997 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 2022-998 CATEGORY: Employment - Town DEPARTMENT: Accounting Increase Salary of Secretary to the Town Attorney Melissa Mirabelli RESOLVED that the Town Board of the Town of Southold hereby increases the salary of Secretary to the Town Attorney Melissa Mirabelli to $71,300.00 per annum retroactive to January 1, 2022.  Vote Record - Resolution RES-2022-998 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 2022-999 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact Chapter 280 - Maximum House Size th WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15 day of November, 2022, a Local Law entitled “A Local Law in relation to Amendments to Chapters 280” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to 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. 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. 3. The maximum gross floor area restrictions imposed by §280-207 shall not be applicable to any project otherwise subject to the restrictions, for which a complete construction application has been submitted for approval to Town of Southold Building department or discretionary board, prior to the enactment date of this section. Following the issuance of a Certificate of Occupancy, the structure shall be deemed preexisting non- conforming. §. 280-208 Pyramid Law 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 must be within the sky plane. B. If, in the determination of the Building Inspector, conformance with subsection (A) is not possible, a building or structure may be permitted so long as the overall height is not in excess of the average height of the adjacent buildings or structures within 500 feet to each side of the subject parcel, on the same side of the street and in the same zoning district. C. The sky plane restrictions imposed by §280-208 shall not be applicable to any project otherwise subject to the restrictions, for which a complete construction application has been submitted for approval to Town of Southold Building Department or discretionary board, prior to the enactment date of this section. Following the issuance of a Certificate of Occupancy, the structure shall be deemed preexisting non-conforming. 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-2022-999 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  VI. Public Hearings 1. Ph 12/13 4:31 Pm - Chapter 280 - Maximum House Size