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HomeMy WebLinkAboutAG-03/14/2023 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 March 14, 2023 7:00 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov <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 7:00 PM Meeting called to order on March 14, 2023 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. Trustees Monthly Report February 2022 2. Zoning Board of Appeals Monthly Report February 2023 Report 3. Town Clerk Monthly Report February 2023 II. Public Notices 1. Liquor License Application. MGHE LLC 40200 Main Road. Orient NY III. Communications IV. Discussion 1. 9:00 A.M. - Jack Slattery, Chairman of the Police Advisory Committee with Christopher North, Police Advisory Committee Member Scheduling a Joint Meeting of the Police Advisory Committee, Community Outreach & Implementation Working Group and the Town Board to Discuss Expectations and Assign Responsibilities of Each Moving Forward 2. 9:30 A.M. - Jim Bunchuck, Solid Waste Coordinator 1. Impact of CPI Fee Adjustment from Babylon on MSW Disposal Costs 2. Spring Cleanup Rules for Commercial Users 3. Local Solid Waste Management Plan Biennial Update 3. 10:00 A.M. - Heather Lanza, Planning Director & Michael Verity, Building Department Liquor License Applications of (1) Swallowtail Management LLC- 62005 Rt. 48, Greenport (2) MGHE LLC- 40200 Main Road, Orient and (3) DHG Silver Sands LLC- 1135 Silvermere Road, Greenport 4. 10:30 A.M. - Craig Jobes, Environmental Analyst Spring Turkey Hunting on Town Properties 5. Town Clerk Denis Noncarrow and Town Attorney Paul DeChance One-Day Marriage Officiants 6. Justice Evans Fishers Island DMV Office Personnel Needs 7. Town Attorney Paul DeChance LL Ch. 96 Amendments- Boats, Docks and Wharfs 8. Councilwoman Nappa Police Policy Manual Review and Timeline for the Implementation Working Group 9. EXECUTIVE SESSION - Labor- Matters Involving the Employment/Appointment of a Particular Person(S) -Councilman Doroski re: Part-time Office Assistant Salary -Battery Energy Storage Systems (BESS) Task Force- Resumes were due 3/3 10. EXECUTIVE SESSION - Labor – Matters Involving a Contract/Agreement with a Particular Corporation(S) -Renewal of Lease Agreement for Cutchogue Municipal Parking Lot -Devitt Spellman Invoice for Southold v. Wheeler V. Resolutions 2023-265 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 14th, 2023.  Vote Record - Resolution RES-2023-265 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 2023-266 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, March 28th, 2023 at the Southold Town Hall, Southold, New York at 4:30 P. M..  Vote Record - Resolution RES-2023-266  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  2023-267 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH 3/28 4:30 Pm - Chapter 189 & 233 Revisions WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 14 day of March, 2023, a need for amendments to the beach parking and disposal permits within the Town of Southold; and WHEREAS, it has been presented a Local Law entitled “A Local Law in relation to an Amendment to Chapter 189, Parking, in connection with Beach Parking Permits and Chapter 233, Solid Waste, to revise § 233-4 Fees; issuance and duration of permits and licenses” 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 th 28 day of March, 2023 at 4:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, “A Local Law in relation to an Amendment to Chapter 189, Parking, in connection with Beach Parking Permits and Chapter 233, Solid Waste, to revise § 233-4 Fees; issuance and duration of permits and licenses” reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 189, Parking, in connection with Beach Parking Permits and Chapter 233, Solid Waste, to revise § 233-4 Fees; issuance and duration of permits and licenses”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The purpose of this local law is to clarify permitting requirements. II. Chapter 189 of the Code of the Town of Southold is hereby amended to add the following underlined as follows: § 189-3. Parking permits Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article shall be issued as follows: A. Resident parking permit. (3) Resident parking permits for motor vehicles shall be hung from the rearview mirror. be permanently affixed to the inside of the passenger side rear window of such vehicle II. Chapter 233 of the Code of the Town of Southold is hereby amended to add the following underlined as follows: Chapter 233 Solid Waste § 233-4 Fees; issuance and duration of permits and licenses. A.(1)(c) Resident disposal permits for motor vehicles shall be hung from the vehicles rearview mirror while at the Transfer Station. Permanently affixed to the inside of the Drivers side rear window of such vehicle. 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-2023-267 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 2023-268 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sergeant Robert Haase to attend the NICHE Users Group Conference in Phoenix, Arizona from May 7, 2023 through May 10, 2023 All related expenses to be a legal charge to the 2023 budget lines A.3120.4.600.200, A.3120.4.600.300 and A.3120.4.600.225  Vote Record - Resolution RES-2023-268  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  2023-269 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk New York State Town Clerk's Association Annual Conference RESOLVED that the Town Board of the Town of Southold hereby grants permission to Town Clerk Denis Noncarrow to attend the New York State Town Clerk’s Association Annual Conference in Syracuse, New York, on April 23, 2023 to April 26, 2023. All expenses for registration, travel to be a legal charge to the 2023 budget (meetings and seminars).  Vote Record - Resolution RES-2023-269 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 2023-270 CATEGORY: Budget Modification DEPARTMENT: Police Dept Police Department-2023 Budget Modificaiton Financial Impact: Reallocation of budgetary funds in anticipation of food/lodging expenses related to PD trainings for 2023 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Whole Town Fund budget as follows: From: A.3120.4.600.200 Police/CE/Police Officer Training $5,000 Total $5,000 To: A.3120.4.600.225 Police/CE/Meetings & Seminars $5,000 Total $5,000  Vote Record - Resolution RES-2023-270  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  2023-271 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Event Sparkling Point 6-2023 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sparkling Pointe, to hold Special Event 2023-6 at the Sparkling Pointe, 39750 County Road 48, Southold, New York as applied for in Application SP1a-f for weddings on 5/5/23, 6/16/23, 7/7/23, 7/21/23, 8/18/23, and 9/15/23 ending no later than 11PM. This event is approved with the following conditions: 1. All parking of vehicles for this event must be as shown on the plan submitted with the special event application. 2. Maximum number of vehicles allowed on site for this event is 58. 3. No parking for this event is permitted on land where development rights have been sold to the Town Provided they adhere to ALL conditions on the application, permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event  Vote Record - Resolution RES-2023-271 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 2023-272 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Event / Peconic Land Trust. 2023-7 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Peconic Land Trust , to hold Special Event 2023-7 at, Agricultural Center at Charnews Farm located at 3005 Youngs Ave , Southold , New York as applied for in Application PLT1a for Picnic 2023 on June 3, 2023 from 12PM-4PM. All parking must be contained on site. Provided they adhere to all conditions on the application , permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event  Vote Record - Resolution RES-2023-272 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 2023-273 CATEGORY: Special Events DEPARTMENT: Town Clerk Special Event / Bedell and Corey Creek. 2023-8 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Bedell North Fork, LLC to hold Special Event 2023-8 at Corey Creek Tap Room, 45470 Main Road, Southold, New York as applied for in Application CC1a-c for Weddings: 5/5/23 , 5/28/23 and 6/2/23 from 5PM - 11PM These events are approved with the following conditions: 1. All parking of vehicles for this event must be as shown on the plan submitted with the special event application. 2. No parking for this event is permitted on land where development rights have been sold to the County. Provided they adhere to ALL conditions on the application, permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event.  Vote Record - Resolution RES-2023-273  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  2023-274 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification - Capital (DPW) Financial Impact: Establish budget for property purchase WHEREAS, the Town Board of the Town of Southold wishes to acquire a certain property, 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 Capital Budget as follows: Capital Project Name: 41245 Route 25, Peconic Financing Method: Serial Bonds Increase Revenues: H.5710.00 Serial Bonds, Property Acquisitions $1,400,000 Total $1,400,000 Increase Appropriation: H.1620.2.400.700 Property Acquisitions, 41245 Route 25, Peconic $1,400,000 Total $1,400,000  Vote Record - Resolution RES-2023-274 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  2023-275 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification - Capital (Conservation) Financial Impact: Transfer funds WHEREAS, the Town Board of the Town of Southold has contracted to participate in a multi-year wetlands conservation effort, WHEREAS, the Town wishes to account for said contract in the capital projects fund, 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 General Fund Whole Town and Capital Budgets and establishes the project as follows: Capital Project Name: Wetlands Conservation Financing Method: Transfer from General Fund Whole Town Decrease Appropriations: A.8710.4.400.100 Land Preservation, Professional Svcs $213,352 Total $213,352 Increase Appropriation: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $213,352 Total $213,352 Increase Revenues: H.5031.58 Interfund Transfer, Wetlands Conserv $213,352 Total $213,352 Increase Appropriation: H.8997.2.400.400 Other Home & Community Svcs, Wetlands Conservation $213,352 Total $213,352  Vote Record - Resolution RES-2023-275 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  2023-276 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification - Capital (Conservation) Financial Impact: Transfer funds WHEREAS, the Town Board of the Town of Southold has contracted to participate in a multi-year wetlands conservation effort, WHEREAS, the Town wishes to account for said contract in the capital projects fund, 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 2023 General Fund Whole Town and Capital Budgets and establishes the project as follows: Capital Project Name: Wetlands Conservation Financing Method: Transfer from General Fund Whole Town Decrease Appropriations: A.8710.4.400.100 Land Preservation, Professional Svcs $145,000 Total $145,000 Increase Appropriation: A.9901.9.000.100 Interfund Transfers, Transfer to Capital $145,000 Total $145,000 Increase Revenues: H.5031.58 Interfund Transfer, Wetlands Conserv $145,000 Total $145,000 Increase Appropriation: H.8997.2.400.400 Other Home & Community Svcs, Wetlands Conservation $145,000 Total $145,000  Vote Record - Resolution RES-2023-276  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  2023-277 CATEGORY: Budget Modification DEPARTMENT: Accounting 2022 Budget Modification - Town Attorney Financial Impact: Increase budget for appraisal costs RESOLVED that the Town Board of the Town of Southold hereby modifies the 2022 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $11,000 Total $11,000 To: A.1420.4.500.300 Town Attorney, Professional Svcs $11,000 Total $11,000  Vote Record - Resolution RES-2023-277 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 2023-278 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Police Department-Training Request RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sergeant Gregory Simmons to attend the Axon Taser Instructor Recertification Course in Valhalla, NY on June 5, 2023. Related expenses to be a legal charge to the 2023 budget line A.3120.4.600.200  Vote Record - Resolution RES-2023-278 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  2023-279 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission for the "CAST - Mighty North Fork Triathlon" Financial Impact: Total police Department Cost for Event = $1106.40 RESOLVED that the Town Board of the Town of Southold hereby grants permission for CAST to hold the "The 23rd Annual Mighty North Fork Triathlon", at Cedar Beach Park, Southold, New York, on Sunday, May 28, 2023 using the following roads: Cedar Beach Road, Paradise Point Road, Bayview Road North, Anchor Lane, Pine Neck Road, Jacobs Lane and Main Bayview Road. and provided they file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured; a $250.00 filing fee; $1500.00 deposit for clean-up (deposit to be returned after event upon recommendation of Chief Flatley, (Southold Town Police Department) provided they comply with the Town of Southold’s Policy for Special events on Town Properties and Roads. Failure to comply with all provisions and conditions will result in the revocation of the permit.  Vote Record - Resolution RES-2023-279 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 2023-280 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk MLCA 5K Run/Walk Financial Impact: Police Department Cost for Event = $973.99 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the The Mattituck-Laurel Civic Association to use certain roads for a 5K run/walk race in Mattituck, New York on May 6th, 2023, start time 9:00 AM, route for the 5K: beginning at Bay Avenue, south to Peconic Bay Blvd, west Bray Avenue, north to Old Main Road to Route 25 to Bay Avenue, finishing at Veteran’s Park, provided applicant meets all of the requirements as listed in the Town Policy on Special Events and Use of Recreation Areas and Town Roads. Fees for this event have been waived with the exception of the Clean-up deposit.  Vote Record - Resolution RES-2023-280  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  2023-281 CATEGORY: Special Events DEPARTMENT: Town Clerk Strawberry Festival 2023 Financial Impact: Total Police Department cost analysis : 26734.33 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck, NY from June 14th through June 18th, 2023 for the Annual Strawberry Festival and be it further RESOLVED that the Town Board of the Town of Southold authorizes the Town Clerk to issue a Special Events Permit to the Mattituck Lions to hold its Annual Strawberry Festival at Strawberry Fields Mattituck, NY from June 14th through June 18th, 2023 provided 1. They file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution 3. No permanent markings be placed on town, county or state roads or property for the event; 4. Any road markings or signs for the event be removed within twenty-four (24) hours of the completion of the event; 5. No alcohol is to be served at the event as per Town Code. Alcohol is prohibited on all Town and County Parks. Some of the requirements for issuing a Special Permit may be waived. Provided they adhere to all conditions on the application and 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-2023-281 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 2023-282 CATEGORY: Agreements - Non DEPARTMENT: Town Clerk Agreement with Park Place Technologies RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the agreement between the Town of Southold and Park Place Technologies for the service maintenance and repair of town servers and related equipment covering the period May 1, 2023 to April 30, 2024, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2023-282  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  2023-283 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Spring 2023 Recreation Program Instructors Financial Impact: Contracts for Spring Instructors Resolved that the Town Board of the Town of Southold authorize and direct Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the Spring 2023 Recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2023 instructor line A.7020.4.500.420. Henry Pesce (Pickleball) $45/hour Tom Damiani (Bird Watching) $40/hour Dr. Jeffrey Poplarski (Golf Fitness) $75/class Amy Greengerg (Yoga Therapy B) $30/hour Kevin McGough (Adult Basketball) $30/hour  Vote Record - Resolution RES-2023-283 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 2023-284 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Approve Resolution Number 2023-036 RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves Resolution Number 2023-036 of the Fishers Island Ferry District adopted March 7, 2023 which reads as follows: Rescind Resolution 2023-024 which reads as follows: WHEREAS the Fishers Island Ferry District policy as described in the Employee Handbook grants a 1% longevity increase to wages when an individual has been employed by the Fishers Island Ferry District for ten years; and, It is RESOLVED to note that with effect February 28, 2023, employee 47961 hourly wage be increased by 1% to $26.26 per hour.  Vote Record - Resolution RES-2023-284 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  2023-285 CATEGORY: Refund DEPARTMENT: Human Resource Center Refund for Katinka House Fees RESOLVED the Town Board of the Town of Southold hereby authorizes a refund, as recommended by Jacqueline Martinez, Senior Citizens Program Director, of $200.00 to Robert K. Simon and Janet E Lowry for payment of Senior Adult Day Care fees at Katinka House for January 2023.  Vote Record - Resolution RES-2023-285 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 2023-286 CATEGORY: Ratify Fishers Island Reso. DEPARTMENT: Fishers Island Ferry District FIFD 3/7/23 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 March 7, 2023 meeting, as follows: FIFD Resolution# Regarding 2023-035 Budget Modification 2023-038 FI Conservancy 2023-039 Training  Vote Record - Resolution RES-2023-286 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  2023-287 CATEGORY: Budget Modification DEPARTMENT: Accounting 2023 Budget Modification-Human Resource Center Financial Impact: Donations for Senior Excursions RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town budget as follows: Increase Revenues: A.2705.40 Donations, Other $4,045 Total $4,045 Increase Appropriations: A.6772.4.600.200 Senior Trips/Excursions $4,045 Total $4,045  Vote Record - Resolution RES-2023-287  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  2023-288 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Village Merchants 4 Th of July Parade at 12 Noon Financial Impact: Police Department cost for event = $1,4921.51 RESOLVED that the Town Board of the Town of Southold hereby grants permission to Southold Village th Merchants for their 25th Annual 4 of July Parade in Southold, on Tuesday, July 4, 2023, beginning at 12:00 noon from Boisseau Avenue to Tuckers Lane along Route 25, provided they closely adhere to the Town’s policy regarding Special Events. All fees associated with this event have been waived with the exception of the clean-up deposit.  Vote Record - Resolution RES-2023-288 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 2023-289 CATEGORY: Bid Acceptance DEPARTMENT: Engineering Award Tasker Park ADA Parking Professional Services to LKMA Financial Impact: CD.8660.M.047.017 RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of L.K. McLean Associates, P.C. dated March 1, 2023 in the total amount of $4,800.00 for professional services associated with the Tasker Park ADA Parking Project; and be it further 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 L.K. McLean Associates, P.C. in the total amount of $4,800.00, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2023-289 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  2023-290 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Agreement - North Fork Audubon Society Financial Impact: A.8720.4.400.100 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Agreement between the Town of Southold and the North Fork Audubon Society in connection with the Beach-Dependent Species Management Program for the years 2023 and 2024 at $12,000 a year for a total amount of $24,000.00, subject to the approval of the Town Attorney and funded from budget line A.8720.4.400.100.  Vote Record - Resolution RES-2023-290  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  2023-291 CATEGORY: Public Service DEPARTMENT: Highway Department 2023 Spring Clean-Up RESOLVED by the Town Board of the Town of Southold that the Highway Department Spring Cleanup will start on Monday, April 3, 2023 in Laurel. Our Highway crews will remove only BRUSH and LEAVES and work in an Easterly direction until they reach Orient.. All Leaves Must Be In Biodegradable Paper Bags, NO EXCEPTIONS. We can only pass through an area once; be it further RESOLVED that the Town Board hereby authorizes the acceptance of residential brush free of charge for four weeks, at the Southold Town Compost Facility in Cutchogue (leaves are always accepted free). This four-week grace period is for those homeowners who wish to take their brush directly to the Town’s compost site themselves. The grace period will start Saturday, April 1, 2023, and end Sunday, April 30, 2023; be it further RESOLVED that commercial landscaping and tree removal companies will no longer be permitted to deposit any loads of branches or yard debris for removal in the Town’s right-of-way. It will be the homeowner’s responsibility to make certain that their contractor(s) haul their yard debris to the Cutchogue Compost Facility as anyone observed dumping in the Town right-of-way will be fined for illegal dumping; and, be it further RESOLVED that the Fishers Island Spring Clean-Up will also commence on Monday, April 3, 2023. RESOLVED that the normal tip fees for brush disposal at the Cutchogue Compost Facility shall be waived for residential vehicles for the period April 1, 2023 through April 30, 2023 and that there shall be no reduction in tip fees for commercial vehicles and be it further RESOLVED that for the purposes of this resolution, residential vehicles shall be defined as any vehicle with a resident disposal permit issued by the Town Clerk of the Town of Southold carrying less than one ton of debris (including trailers), or for vehicles without a permit, any vehicle with a less than one ton carrying capacity (including trailers); and that commercial vehicles shall be defined as any vehicle with a commercial disposal permit issued by the Town Clerk of the Town of Southold, or for vehicles without a permit, any vehicle with a carrying capacity of one ton or greater including trailers; and be it further RESOLVED that the tip fee waiver/reduction described herein shall not apply to stumps of any type; and that it applies to the charge for the weight of the debris ONLY, and not to single entry fees for vehicles without permits, which will still be charged as appropriate.  Vote Record - Resolution RES-2023-291  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  2023-292 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Operational Services Division (OSD) Agreement Financial Impact: PiggyBack contract 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 Operational Services Division (OSD), for Lawns and Grounds Equipment, parts and service pursuant to the terms and conditions of the accepted contract #FAC116 : Lawns and Grounds Equipment, Parts and service with the State of Massachusetts, bid opened May 1, 2021 and contracted through April 30, 2027, and extended to the Town of Southold pursuant to §103(16) of the General Municipal Law, subject to the approval of the Town Attorney.  Vote Record - Resolution RES-2023-292  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  2023-293 CATEGORY: Advertise DEPARTMENT: Town Clerk Advertise for BESS Task Force Resolved, that the Town Board of Town of Southold has established the “Battery Energy Storage System Task Force” to undertake such analysis and to make recommendations to the Town Board regarding the legislation involving BESS facilities, and be it further RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs the Office of the Town Clerk to advertise for members to said Task Force for two weeks.  Vote Record - Resolution RES-2023-293 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  2023-294 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint Jennifer Loper Seasonal Full Time Tax Cashier RESOLVED that the Town Board of the Town of Southold hereby appoints Jennifer Loper to the position of Full Time Seasonal Tax Cashier from the Suffolk County Department of Civil Service List of Eligible’s effective March 15, 2023 at a rate of $19.36 per hour.  Vote Record - Resolution RES-2023-294 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 2023-295 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Board of Assessment Review RESOLVED that the Town Board of the Town of Southold hereby appoints Natalie Hough as a member of the Board of Assessment Review effective immediately.  Vote Record - Resolution RES-2023-295 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 2023-296 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Chapter 275 Amendments WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 14 day of February, 2023, a Local Law entitled “A Local Law in relation to an Amendment to Chapter 275, Wetlands & Shorelines” 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 will 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 an Amendment to Chapter 275, Wetlands & Shorelines” which reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in relation to an Amendment to Chapter 275, Wetlands & Shorelines” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose The Purpose of the amendment is to update the Southold Town Code II. Amendment. The Southold Town Code is hereby amended by removing the struck through words and adding the underlined words as follows: Chapter 275 - Wetlands and Shorelines § 275-2 Definitions; word usage PIER LINE The average seaward projection of one or more existing permitted docks, piers, wharves or floats. The seaward projection created by drawing an imaginary line between the immediately adjacent existing permitted principal structures, docks, piers, wharves or floats. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. (1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (a) Wetland boundary or bank. § 275-4 Exceptions A. Permit exceptions; nondisturbance buffers. (1) The provisions of this chapter shall not require a permit for the following: (j) Installation of new or replacement windows, roof shingles, solar panels, siding or doors on existing upland structures and second-story additions that are made within the footprint of an existing upland structure. § 275-7. Fees. A. Every nonadministrative application for a wetlands permit filed with the office of the Trustees shall be accompanied by a filing fee of $250, which includes the first site visit, no portion of which shall be refundable. The fee for an administrative permit shall be $100. For activities or operations that have been previously built without a permit, the fee will be doubled. If a preapplication site visit is requested, the fee shall be $50, which may be applied to an application fee for a wetlands permit made within six months of the site visit and which application involves activities that were the subject of the site visit. \[Amended 10-11-2005 by L.L. No. 17- 2005; 10-9-2012 by L.L. No. 12-2012\] B. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing the issuance of a permit, shall determine the amount of the inspection fees to be paid by the applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be based on $50 per site visit. C. Pursuant to New York State law, all costs incurred by the Town for SEQRA review shall be paid by the applicant. D. Consultant fee. The Board, at its discretion, depending on the scale and potential impact of proposed operations, is authorized to require the posting of a consultant fee by an applicant. This fee shall be used to hire an independent, expert consultant to investigate the site for the proposed project and to examine the plans or other information submitted by the applicant to assist the Board in evaluating potential adverse impacts upon a resource area by the proposed project. The Board, in its discretion, will determine whether the complexity of the activity, the difficulty in determining the threat to the resource areas or the size of the request or project involves and requires more information and analysis than can reasonably be supplied to the Board without independent technical professional assistance. (1) The Board may require the payment of the consultant fee at any time in the deliberations prior to a final decision. (2) The consultant fee may be required for expert opinion regarding, but not limited to, wetland resource area surveys and delineations, analysis of resource area values, wetland resource area reports, hydrological and drainage analysis, wildlife habitat analysis, shellfish surveys, and environmental land use law, or any of the following: (a) Placement, removal or grading of at least 50 cubic yards of material; (b) Five hundred square feet or greater alteration of a resource area; (c) Shoreline or bank alteration to a coastal or inland waterway; (d) Five hundred square feet or greater alteration to land in a naturally vegetated condition that constitutes a resource buffer area. (e) Discharge of any pollutants into or contributing to surface or groundwater of the resource area; (f) Construction of any stormwater control facility, or water control structure. E. Dock and float fee. Every application for a new dock or float shall include a fee to be set by the Town Board. Commercial docks are any structures that are rented, leased or otherwise used to generate income, including, but not limited to, those structures located on properties zoned MI and MII. \[Added 10-11-2005 by L.L. No. 17- 2005; amended 3-23-2010 by L.L. No. 1-2010; 10-9-2012 by L.L. No. 12-2012\] F. Dredging fee. Every application for a permit for dredging within Town-owned underwater lands shall include a fee as set by the Town Board based on the amount of cubic yard of dredge spoil to be removed. \[Added 12- 18-2007 by L.L. No. 23-2007\] The fees for all applications, including administrative, non-administrative, docks, floats, and dredging; the fees for all site inspections including pre-application site inspections; the cost incurred by the town for SEQRA review; consultant fees including expert opinion as required by the Board of Trustees, shall be established, and changed as needed, by resolution of the Southold Town Board. A copy of the fee schedule will be kept on file in the Office of the Town Clerk, and the Office of the Board of Trustees. Trustee fees are nonrefundable. § 275-10 Contents of permit. Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of two three years from the date of approval. Said permit may be renewed for two consecutive one-year periods at the discretion and review of the Board. § 275-11 Construction and operation standards C. In water. (2) Docks. (b) Dock locations and lengths. \[3\] Prohibited locations and activities. \[a\] No new docks shall be permitted on the Great/Little Peconic Bay, Pipes Cove, Southold Bay, Gardiners Bay, Shelter Island Sound, Hog Neck Bay, Orient Harbor, Hallocks Bay or Long Beach Bay with the exception of Fisher’s Island and Robin’s Island. No new docks will be permitted on the Long Island Sound or No new docks will be permitted over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands in the following areas: Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond, Long Creek (branch of Mattituck Creek, East of Grand Avenue bridge), Pipe’s Cove Creek and West Creek. (c) Regulations for the placement and configuration of docking facilities. \[1\] Residential docks. \[b\] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings: \[ii\] New floats will be permitted only where there exists a minimum of thirty inches of water depth at mean low water. No part of the floating dock will contact the bottomland during a normal low tide. 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-2023-296 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 2023-297 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL COZ 1080 Carol Ave WHEREAS, the Town Board of the Town of Southold on its own motion considered an application to rezone part of the parcel located at 1080 Carroll Avenue, Peconic, New York and known as SCTM #1000-75-01-6 (to be subdivided), consisting of the 5.0 acre southernmost portion of said parcel as depicted on the attached plan, from Agricultural Conservation (A-C) to Affordable Housing District (AHD); and WHEREAS, a Local Law entitled “A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of the 5.0 acre parcel to be subdivided from the parcel known as SCTM #1000-75-01-6, from Agricultural Conservation (A-C) to Affordable Housing District (AHD)” has been presented to the Town Board of the Town of Southold for the purpose of effectuating said rezoning, and WHEREAS the Town Board of the Town of Southold, on the Town Board’s own motion has considered a change of zone of a portion of the parcel known as SCTM #1000-75-01-6 from Agricultural Conservation (A- C) to Affordable Housing District (AHD); 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 will 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 to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of the 5.0 acre parcel to be subdivided from the parcel known as SCTM #1000-75-01-6, from Agricultural Conservation (A-C) to Affordable Housing District (AHD)”.  Vote Record - Resolution RES-2023-297 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  2023-298 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Amendments to Chapter 280, Zoning AHD WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, th on the 17 day of January, 2023, a Local Law entitled “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District” 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 will 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, Zoning, in connection with the Affordable Housing District” reads as follows: LOCAL LAW NO. 2023 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District”. A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AHD District unless the same conforms to the following Bulk, Area and Parking Schedule: Bulk, Area and Parking Schedule Minimum Requirements MIFDU Owner-Occupied MIFDU Tenant-Occupied Total lot area (square feet) 10,000 10,000 Lot width (feet) 80 80 Lot depth (feet) 100 100 Front yard (feet) 35 35 1 side yard (feet) 15 15 Both side yards (feet) 25 25 Rear yard (feet) 35 35 Minimum livable floor area 850 450 (square feet per dwelling unit) Off-street parking spaces (per 2 2 dwelling unit) Land area for yield (square feet 10,000 10,000 per dwelling unit) MIFDU tenant-occupied 3,300 dwelling units less than 850 square feet B. Notwithstanding the bulk schedule set forth in Subsection A of this section, there shall be no more than 24 dwelling units on any one site. C. Authority to amend requirements and specifications. (1) The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements, parking requirements, and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendments; (b) Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. 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-2023-298 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 3/14 7:00 Pm LL Chapter 96 Amendments-WITHDRAW 2. PH 3/14 7:00 Pm - LL Chapter 275 Amendments 3. PH 3/14 7:00 Pm LL COZ 1080 Carol Ave 4. PH 3/14 7:00 Pm LL Amendments to Chapter 280, Zoning AHD 5. PH 3/14 7:00 Pm - LL Moratorium Battery Energy Storage System Facilities