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TB-10/21/2003
SOUTHOLD TOWN BOARD REGULAR MEETING October 21, 2003 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, October 21, 2003 at the Southold Town Board, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR HORTON: Good afternoon and welcome to the 4:30, October 21, 2003 public meeting of the Southold Town Board. Please rise and join me in the Pledge to the Flag. Over the course of the meeting there will be a number of opportunities for the public to address the Town Board. First being on any of the agenda items, any of the resolutions on the printed agenda. We will make the floor available to public to comment on those specific resolutions, prior to voting on those resolutions. At the completion of voting on the resolutions, we will also offer the floor to the public to address the Town Board on any Town related business. You will notice on the agenda, as well, there are several public hearings tonight, so at the designated time for the public hearings, well we will do our best at those designated times, to recess into public hearings. As you know, there are eight public hearings this evening. Fasten your seatbelts, as well. So over the course of those public hearings, the public will have the opportunity to address the Board on those specific public hearings. There are a number of reports, public notices and communications available for the public's review at the Town Clerk's October 21, 2003 2 Southold Town Board office. The Town Clerk's office is open between 8:00 and 4:00, Monday through Friday. So, moving ahead, can I get an approval for the audit? Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $405,203.83; General Fund Part Town bills in the amount of $25,034.63; Highway Fund Whole Town bills in the amount of $16,875.84; Highway Fund Part Town bills in the amount of $96,006.80; Capital Projects Account bills in the amount of $30,552.22; AG Land Development Rights bills in the amount of $176.64; Landfill Cap & Closure bills in the amount $6,631.44; Open Space Capital Fund bills in the amount of $889.36; Community Preservation Fund (2% tax) bills in the amount of $6,397.97; New London Terminal Project bills in the amount of $6,029.65; Compost Land Acquisition bills in the amount of $96,639.83; Employee Health Benefit Plan bills in the amount of $8,626.50; Fishers Island Ferry District bills in the amount of $19,914.14; Refuse & Garbage district bills in the amount of $103,529.79; Southold Wastewater District bills in the amount of $10,110.80; Fishers Island Sewer District bills in the amount of $566.37; Southold Agency & Trust bills in the amount of $4,020.49 and Fishers Island Ferry District Agency & Trust bills in the amount of $217.26. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the minutes of the September 23, 2003 Southold Town Board meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Thursday, November 6, 2003 at 7:00 P.M. at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that Budget Hearings be held Thursday, November 6, 2003 at 3:00 P.M. and at 7:30 P.M. at Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that a Special Town Board Work Session for budget be held Friday, October 24, 4:00 P.M. at Southold Town Hall, Southold, New York. 2003 October 21, 2003 3 Southold Town Board Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Romanelli, SUPERVISOR HORTON: We will now move on to the resolutions on the primed agenda. I will offer the floor to the public to address the Town Board on any of these specific resolutions. Mrs. Egan. JOAN EGAN: Good evening, Mr. Horton, Mr. Richter, Mr. Moore, Mr. Romanelli, Mrs. Evans and Mrs. Neville and Mr. Yakaboski and all of the people who are good enough to attend the meeting. Item # 673, now when you use the word modification .... modification means? SUPERVISOR HORTON: Modification means it will be moving money from one line in their budget to another line. MS. EGAN: Mmmhmm. Now, where were these repairs made? SUPERVISOR HORTON: The vehicle repairs? MS. EGAN: Mmmhmm. SUPERVISOR HORTON: Or these boat repairs. COUNCILMAN ROMANELLI: Usually it is up in Mattituck. SUPERVISOR HORTON: I believe it is in Mattituck, on Pacific Street if I recall. This one is specifically to Chuck's Fiberglass, in Peconic. MS. EGAN: That is for vehicles or for boats? Or both? SUPERVISOR HORTON: That would be for the hull of the vessel. MS. EGAN: I see. Now, so that is boat maintenance. The vehicle maintenance, that is usually done right here in Southold? SUPERVISOR HORTON: Yes, most of our vehicle maintenance is done in Mattituck. MS. EGAN: Good. Now, item #678, a planning consultant, we have so many planning consultants, we need a new one? I mean, this gets ridiculous. The whole town seems to be planning people. So what is this, somebody new? SUPERVISOR HORTON: Actually, it would be a continuation of somebody who is working with the Town currently. MS. EGAN: And who is that? October 21, 2003 Southold Town Board 4 SUPERVISOR HORTON: That would be Patrick Cleary, from Cleary Consultants. MS. EGAN: Oh, yes. I saw his name, so that will clear that up. Cleary clears it up. Tell me, is he a Southold person? SUPERVISOR HORTON: I do not believe that he resides in Southold. MS. EGAN: He doesn't. Here we go again, we have to take somebody from, where is he from Riverhead? Up in the North Pole or someplace? Again, nobody from Southold. Now, item #679, #680, #681, #682, #683 and #684. Now, all these people are getting refunds, correct? SUPERVISOR HORTON: If the resolutions are approved, yes. MS. EGAN: Alright. Well, let's say they are and depending upon how much money they had to put up, that money has been earning interest, ! would imagine, correct? They had to pay fees, correct? And that money, ! am sure, was put into a fund to make interest, correct? SUPERVISOR HORTON: Not necessarily. MS. EGAN: No, where does it go? In the piggy bank? SUPERVISOR HORTON: It is possible that money was held in the bank or held in Town Hall. What is your point about these resolutions, Mrs. Egan? MS. EGAN: My question would be, if these people put their money up and it was put into a bank that made interest, then they should maybe get some interest back. That is how ! feel. Well, we did #685, Cleary Consultants, from out of Town. Do you know where they are from? SUPERVISOR HORTON: I believe they are from Northport, ifI am not mistaken. MS. EGAN: Great, that is marvelous. Now, again, on #686, #687 and #688, I have asked time and again and ! should think by this point in time, you should know that ! want a chart up here so ! can know where you are making these changes for. You were put to shame at the last Town Hall meeting because ! believe, it was Mr. McCarthy or Mr. McMartin because he heard me ask about it, he had one. Is there one here? No. But ! am sure you have one here, correct? Now, this bulkheading that has to be repaired, is that put out for bids or is do we always use the same person? SUPERVISOR HORTON: What resolution are you referring to Mrs. Egan? MS. EGAN: I am sorry, #690. SUPERVISOR HORTON: That is actually an improvement made within the Southold Park District, using Park District funds. MS. EGAN: So what does that mean? October 21, 2003 Southold Town Board SUPERVISOR HORTON: It means that we do not have the authority or say so as to who does the work. MS. EGAN: Who does? SUPERVISOR HORTON: You can contact the Southold Park District and ask them that question. MS. EGAN: Okay. Now, this #691, George Augustine. He is going to be a School Crossing Guard, if you approve of it? And how was he recommended to you? SUPERVISOR HORTON: He applied for the job. MS. EGAN: And who approved? SUPERVISOR HORTON: The resolution is on now, we have to approve it. MS. EGAN: No, I mean, who approved of him for the job? SUPERVISOR HORTON: I believe he was interviewed by Chief Cochran and Lieutenant Flatley. MS. EGAN: Good. Now, this is a very, very, very important one for me and for the whole Town of Southold, these are the Police Departments budget. ! spoke with Pat Garsnik, Gaznik, forgive me if ! mispronounce her name. ! am sure that Mr. Richter over there is, his ears are perking up because he is the liaison officer ..... SUPERVISOR HORTON: Mrs. Egan, could you continue with the resolutions, please? MS. EGAN: .... I am not finished, don't interrupt me. When I am speaking, you're listening and when you are speaking, ! am listening. SUPERVISOR HORTON: Aye, aye. MS. EGAN: ! feel very strongly that we need at least two more Police ladies and at least one more Policeman, and ! would certainly hope that the Auxiliary Police, the men who wear the light brown uniform will be in force over Halloween, Thanksgiving, Christmas and New Years. Now, the reason that ! very strongly recommend two Police ladies is because as you all know, ! go to court on Friday' s, ! get reports from the State Police and from the Family Court up in Riverhead. It would appear to me, statistically speaking, that the Police ladies have a better way of getting things from these kids. They listen, with their minds and their hearts and very often, they can anticipate what these children might or might not do. You know, the knocking down of mailboxes, the drug passing and all of that. They reach these children. Now, Officer Quarty does not have any children nor does Detective Dzenkowski, but Detective Dzenkowski has been dealing with children for a long time. Police Officer Quarty is on the School Board in Southold, so she has an input. ! have observed also that a lot of these children show a tremendous amount of disrespect for Policemen. Maybe some of it is a little bit wrong on both sides. But the crime rate out here is increasing humongously. Fortunately there was an article published a couple of weeks ago in one of our local papers and ! think it is an underestimation, three October 21, 2003 6 Southold Town Board women are being killed everyday out here. Some of them you don't know about and I am sure they are not reporting half of them and the harassment charges, so Mr. Richter, don't give the Town the bs that it is as good as it was 20 years ago. ! will have more to say later, bye. SUPERVISOR HORTON: Thank you, Mrs. Egan. On the resolutions on the printed agenda, would anybody care to address the Board? Yes, Mr. Carlin. FRANK CARL1N: ! only have one, Josh but before ! ask that one resolution can ! ask you a simple question? SUPERVISOR HORTON: Certainly. MR. CARL1N: It is alright? Did you ever imagine in your dreams, that when you made Supervisor that you would have to put up with Mrs. Egan and Mr. Carlin? SUPERVISOR HORTON: It was an unexpected delight, Mr. Carlin. MR. CARL1N: #697. What does he need that money for? ! think that it was about one Board back, there was a resolution, almost the same thing, if! can remember correctly. SUPERVISOR HORTON: Most of what is being done here is the removal of C and D, tire repair, maintenance of facilities and grounds and pre-printed forms, which would be specific to the Transfer Station. MR. CARL1N: That is coming out of the regular budget? SUPERVISOR HORTON: Yes, it is coming from... MR. CARL1N: They are just moving it around? SUPERVISOR HORTON: Yes, sir. MR. CARL1N: Alright. Good. SUPERVISOR HORTON: Are there other comments from the floor on the printed resolutions? Yes, Mr. Cooper. DOUG COOPER: Good evening, Doug Cooper, Mattituck. #677, can you explain what that means? SUPERVISOR HORTON: Essentially, that is setting the public hearing for a local law, to put it simply deals with run-off on construction sites. MR. COOPER: Okay. #685, Cleary Consulting, etc along with #699, #700, #701, #702 and ! think there may be another one or two there, with Nelson, Pope and Vorhees. Are these the same gentlemen who worked on the DGEIS? October 21, 2003 Southold Town Board 7 SUPERVISOR HORTON: That is correct. MR. COOPER: And it was pointed out at the hearings for that, the number of distortions, omissions, inaccuracies, and you still wish to chose, you would still wish to use these gentlemen? ! think this Board would be well-advised to find somebody more capable. #705, can you explain what that means? SUPERVISOR HORTON: Yes, the piece of legislation was brought before the Town Board today in relation to the Residential R-80, two-acre zoning district and the AC zoning district, that would, called for various changes. Some of it in the bulk schedule which the legislation proposes moving from two to five acres in these zoning districts and it was advised, the Board wanted to see this before we set the public hearing and the legislation moved ahead too far, the Board wanted it sent out to the Suffolk County Department of Planning, the Suffolk County Planning Commission and ! believe there were several other departments and agencies it was requested to go to, ! believe New York State Ag & Markets, ! believe Southold Town Ag Advisory Committee, Southold Town Planning Board, that is directing the Town Clerk to send that legislation to those various agencies and commissions for their review. MR. COOPER: Because the Ag Advisory Committee and the Land Preservation Committee are not mentioned here. SUPERVISOR HORTON: We will make sure to include them in the, ! believe that they will be included in the resolution that we have in our packets. COUNCILMAN ROMANELLI: Normally we don't do resolutions to our own internal departments. MR. COOPER: What was that, Mr. Romanelli? SUPERVISOR HORTON: He said, normally we don't do resolutions to .... COUNCILMAN ROMANELLI: .... to our own internal departments. COUNCILMAN WICKHAM: The Planning Board is here. SUPERVISOR HORTON: Except for the Planning Board, the Planning Board we do. COUNCILMAN ROMANELLI: We are required to send to them. By all means, it is going to be sent out to Ag Advisory and Land Preservation. SUPERVISOR HORTON: And we will make sure to include them on the resolution when it is read, don't think that is a problem. MR. COOPER: #708. Rural Incentive District. COUNCILMAN ROMANELLI: Same thing. October 21, 2003 8 Southold Town Board SUPERVISOR HORTON: Same thing. The proposed legislation creating a Rural Incentive District was brought forward, as well and this resolution, again, would send that legislation out to the various boards and agencies, similar to the resolution we just spoke of. MR. COOPER: It is the proposed regulations? SUPERVISOR HORTON: That is correct. MR. COOPER: Were these proposed regulations run by the Ag Advisory Committee? SUPERVISOR HORTON: They will be after this resolution. MR. COOPER: Wouldn't it make more sense if they were run by there first, to get the agricultural input for something that is going to directly affect the agricultural industry? SUPERVISOR HORTON: We will make sure that, this Board is adamant about receiving the Ag Advisory's input on this. MR. COOPER: Wouldn't it make sense to have the input before the regulations were written? COUNCILMAN ROMANELLI: Doug, I think the two years, over, we have been getting input, so it is not new, Doug. You have been at this microphone countless times over the years, giving your input. That should count for something, don't you think? MR. COOPER: You are right, it should. COUNCILMAN ROMANELLI: Doug, we took your input in. MR. COOPER: This doesn't say that though, John. COUNCILMAN ROMANELLI: Read the Rural Incentive District and you will see that your input was taken. MR. COOPER: If you ran the proposal by the Ag Advisory Committee before hand and the Land Preservation Committee, yes. You would have something to say... COUNCILMAN ROMANELLI: That's right. And the three plus years we sat here, up on this dais listening to input from people like you at the microphone, that counts, Doug. That input counts. MR. COOPER: I have yet to see that, John. SUPERVISOR HORTON: What this resolution will do is get it to the Ag Advisory Committee for Ag Advisory Committee specific input. MR. COOPER: Okay. I am beginning to feel like Mrs. Egan and Mr. Carlin. October 21, 2003 9 Southold Town Board SUPERVISOR HORTON: Don't force my hand to say you are beginning to sound like them. Mrs. Egan, you always speak in specifics and offer quite a bit for us to think about. Would anyone else care to address the Board on specific resolutions? Yes, Mrs. Egan. MRS. EGAN: #696. This Valerie Marvin is a local lawyer? SUPERVISOR HORTON: Yes. MRS. EGAN: From where? SUPERVISOR HORTON: ! believe she lives in New Suffolk. MRS. EGAN: Really? Marvelous. Now, is this a new charge? Is this something new or is this old business that Mr. Moore was going to be in charge of? SUPERVISOR HORTON: Which resolution are you referring to, Mrs. Egan? MRS. EGAN: Yes, you were going to be the disciplinary person in something, yes you were Mr. Moore. Don't lie, dear. You are on tape. SUPERVISOR HORTON: Mrs. Egan, members of the Board do not serve in that capacity. There is a procedure and we are following the procedure. MRS. EGAN: No, he had.., there was something that happened here and that Mr. Moore was the discipline person or the evaluator of the discipline person. COUNCILMAN MOORE: Years ago. MRS. EGAN: Excuse me? COUNCILMAN MOORE: Years ago, in one capacity. MRS. EGAN: Oh, no, no, no, no, no, no, no, no. SUPERVISOR HORTON: Mrs. Egan, this resolution is hiring a local lawyer. MRS. EGAN: And this is a new situation, for a Town employee? SUPERVISOR HORTON: This is an ongoing, this is a situation that has come before us and we are handling it. MRS. EGAN: When will it finally be completed? ! mean this is... SUPERVISOR HORTON: ! can't give you a definite answer on that. MRS. EGAN: Before Christmas? October 21, 2003 Southold Town Board 10 SUPERVISOR HORTON: It will take its course. MRS. EGAN: It goes to court? SUPERVISOR HORTON: No, I said it will run its course. MRS. EGAN: Will it be taken to court? SUPERVISOR HORTON: That I, I do not think so. MRS. EGAN: Will there be any lawsuits involved in this? SUPERVISOR HORTON: We do not know. MRS. EGAN: And you have had it for months and you don't know. Great. Well, you have Mr. Moore is a lawyer, Mr. Yakaboski .... SUPERVISOR HORTON: Are there other comments from the floor on the printed agenda? (No response) We will move on with our resolutions on the printed agenda. #673 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the Bay Constable 2003 budget as follows: TO: A.3130.4.400.650 Veh. Maim. & Repairs $1200.00 FROM: A.3130.4.400.600 Buoy Maim. $1200.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #674 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of $outhold hereby grants permission to the Mattituck-Cutchogue Union Free School District -Mattituck Junior - Senior High School to hold a "Harvest Walk" at 1:00 p.m, Frida¥~ October 24~ 2003 (Rain date: Monday, October 27, 2003) as their contribution to fight hunger commencing at the high school parking lot using the following town roads: Pike Street, Mary's Road, Wickham Avenue, and Mill Lane, Mattituck, provided they file with the Town Clerk a Certificate of Liability Insurance in the amount of $1,000,000. naming the Town of $outhold as an additional insured, and that they contact Lieutenant Flatley of the $outhold Town Police Department, in advance, to coordinate traffic along route. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. October 21, 2003 Southold Town Board 11 #675 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Mattituck Lions Club to use the following roads on Friday~ October 31~ 2003 at approximately 6:00 P.M. for the Halloween Parade: Pike Street, Westphalia Avenue, Sound Avenue, and Love lane, Mattituck provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (la) days prior to the event to coordinate traffic. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #676 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Oysterponds Union Free School District to use the following roads on Friday~ October 31~ 2003 at approximately 1:30 p. m. for the Halloween Parade: Main Road, Village Lane, Orchard Street and Tabor Lane provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (la) days prior to the event to coordinate traffic. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #677 Moved by Councilman Wickham, seconded by Councilman Romanelli, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21 st day of October 2003 a Local Law entitled "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy" 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 the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th day of November 2003 at 8:00 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 Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy" reads as follows: LOCAL LAW NO. 2003 A Local Law entitled "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- For the protection of the health, safety and general welfare of the public and the preservation of property values in the Town, all storm water run-off generated by proposed construction and/or construction activities shall be contained to prevent adverse impacts to the construction site and adjacent properties. II. Chapter 45 of the Code of the Town of Southold is hereby amended as follows: October 21, 2003 Southold Town Board 12 {}45-10 C. Compliance with the following regulations shall be a continuing condition for the validity and existence of any Building Permit and issuance of a Certificate of Occupancy by the Town of Southold. 1) Storm water runoff generated as a result of up to a two inch rainfall, or its equivalent in melting snow/ice, shall be contained on-site during construction. Implementation of and use of erosion control measures and devices to prevent soil erosion and flooding of neighboring properties and roadways shall be required, including but not limited to straw bales, silt control fences, and or grading. 2) Prior to the issuance of a Certificate of Occupancy, it shall be determined that drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. 3) Prior to the issuance of a Certificate of Occupancy, all premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon or within any structure located thereon. 4) Where a construction site is traversed by a watercourse, drainageway, channel or stream, provision shall be made to divert that waterway around any areas disturbed by construction and reconnected to its natural path by means of culverts or other structures. IlL 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 effect 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 of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #678 Moved by Councilman Richter, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part Town 2003 budget as follows: To: B.8020.4.500.500 From: B. 1990.4.100.100 Planning, C.E. Planning Consultant $10,000 Contingencies, C.E. Unallocated Contingencies $10,000 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #679 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants a full refund of $150.00 to Mr Joseph Vidulich~ application #5377 as a new survey, requested by the Zoning Board of Appeals October 21, 2003 Southold Town Board 13 resulted in a correction by the Building Department, reversing its reason for sending application for a variance before the Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #68O Moved by Councilman Romanelli, seconded by Councilman Moore, it was RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of $75.00 to Mr Thomas E. Christiansom application #5386 as he has decided not to proceed with his application for a variance before the Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #681 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of $325.00 to Mr & Mrs David Commander~ application #5390 as they have decided not to proceed with the application for a variance before the Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #682 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of $75.00 to Mr James A. Cowan for Cowan Holding Corp. application #5406 as he has decided not to proceed with the application for a variance before the Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #683 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of $500.00 to Manzi Homes Inc, application #5394 as they have decided not to proceed with the application for a variance before the Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #684 Moved by Councilman Moore, seconded by Justice Evans, it was October 21, 2003 Southold Town Board 14 RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of $200.00 to Leslie F. Tapscott & others~ application #5416 as they have decided not to proceed with the application for a variance before the Zoning Board of Appeals. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #685 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with Clearv Consulting to provide professional planning services in regard to a Hamlet Revitalization Study. SUPERVISOR HORTON: ! initially was going to, before ! cast my vote, ! just want to say briefly, ! initially researched other firms because ! was very much interested in seeking the services of another firm but ! did speak directly with Southampton Town, as was advised by our Planner, Valerie Scopaz, about the work that Cleary Consulting did, specific to this type of project in Southampton and was recommended very highly, so my vote is yes. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #686 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold wishes to purchase approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel identified as SCTM# 1000-79-2-7, at the purchase price of $38,000 (thirty-eight thousand dollars) per acre, pursuant to the provisions of Chapters 6 and 59 of the Code of the Town of Southold; and WHEREAS, the proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the provisions of Chapter 6; be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #687 October 21, 2003 Southold Town Board 15 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS, the Town Board of the Town of $outhold wishes to purchase the entire, approximately 16.04 acre (subject to survey) parcel identified as SCTM# 1000-79-5-20.15 at the purchase price of $38,000 (thirty-eight thousand dollars) per acre, pursuant to the provisions of Chapters 6 and 59 of the Code of the Town of Southold; and WHEREAS, the proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the provisions of Chapter 6; be it therefore RESOLVED by the Town Board of the Town of $outhold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of $outhold that the Town of $outhold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of $outhold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #688 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of $outhold hereby appoints Ruth Oliva to the position of Chairperson of the Zoning Board of Appeals, effective October 21, 2003 through December 31, 2003. COUNCILMAN MOORE: I do note that this is only for the balance of this year, through December 31. Vote of the Town Board: Aye: Councilman Wickham, Councilman Moore, Justice Evans, Supervisor Horton. No: Councilman Richter, Councilman Romanelli. This resolution was duly ADOPTED. #689 Moved by Councilman Moore, seconded by Justice Evans, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JULY 31, 2001 AND AMENDED OCTOBER 21, 2003, APPROPRIATING THE AMOUNT OF $10,500,000, INCLUDING THE AMOUNTS OF ANY GRANTS THAT MAY BE RECEIVED FROM THE UNITED STATES AND THE STATE OF NEW YORK, FOR THE INCREASE AND IMPROVEMENT OF THE FACILITIES OF THE FISHERS ISLAND FERRY DISTRICT, IN SAID TOWN AND AUTHORIZING THE ISSUANCE OF SERIAL BONDS OF SAID TOWN IN THE PRINCIPAL AMOUNT OF NOT October 21, 2003 Southold Town Board 16 TO EXCEED $4,800,000 TO FINANCE THAT PORTION OF SAID APPROPRIATION FOR WHICH SUCH GRANTS ARE NOT AVAILABLE. Recitals WHEREAS, following the receipt of a certified copy of the Resolution adopted by the Board of Commissioners of the Fishers Island Ferry District, in the Town of Southold (hereinafter called "District" and "Town," respectively), in the County of Suffolk, New York and the Petition of said Board of Commissioners, each dated June 18, 2001 and duly subscribed by the Commissioners of the District, requesting that the Town Board of the Town (herein called the "Town Board") call a public hearing to consider the increase and improvement of the facilities of the District as hereinafter described and defined as the Project, at the estimated maximum cost of $8,000,000, including the amount of $1,090,000 from the TEA-21 Program (Transportation Equity Act for the 21st Century) of the United States, in addition to the amount heretofore approved; up to $5,500,000 expected to be received from the United States Department of Transportation; up to $3,000,000 expected to be received from the Federal Highway Administration ("FHWA"), the United States Department of Homeland Security, and/or HUD for urban renewal purposes; and up to $2,000,000 expected to be received from the State of New York; and to finance that portion of such cost for which such grants are not available by the issuance of Town obligations in the principal amount of not to exceed $4,800,000, pursuant to the applicable provisions of the Local Finance Law, the aggregate principal amount which the Town Board may borrow and so issue obligations having been heretofore authorized and increased from $500,000 to $5,000,000 pursuant to the resolution adopted by the Town Board on August 15, 2000, subject to permissive referendum; and WHEREAS, such public hearing has been duly called and held on July 17, 2001 and further continued on July 31, 2001, and all persons interested in the subject matter thereof have been heard and following the close of such public hearing, as so continued, the Town Board has determined, pursuant to the Resolution and Order After Public Hearing duly adopted on July 31,2001, that it is in the public interest to so increase and improve the facilities of the District and has ordered that the facilities be so increased and improved, at the estimated maximum cost of $8,000,000 and that Docko, Inc., licensed engineers, prepare specifications and an estimate of the cost and, with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor to be presented to the said Board of Commissioners as soon as possible; and WHEREAS, the estimated maximum cost of the Project was originally determined by the Board of Commissioners to be $8,000,000, but as a result of increased costs of labor and materials and other related costs, the Board of Commissioners has determined that the estimated maximum cost of the Project is now $10,500,000, and it is in the best interests of the District to increase the total amount authorized to be expended for the Project by $2,500,000, from the original estimated maximum cost of $8,000,000 to the revised estimated maximum cost of $10,500,000; and WHEREAS, the proposed increase in the estimated maximum cost of the Project is to be funded from additional grant proceeds received or to be received from the FHWA and the United States Department of Homeland Security; and WHEREAS, pursuant to a Petition of the Board of Commissioners and an Order adopted by the Town Board on September 23, 2003, a public hearing was held by the Town Board on October 21, 2003 17 Southold Town Board October 7, 2003 to consider the proposed increase in the estimated maximum cost from $8,000,000 to $10,500,000; and WHEREAS, following such public hearing, the Town Board adopted a Resolution and Order After Public Hearing dated October 7, 2003, which authorized the increase in the estimated maximum cost of the Project; and WHEREAS, it is now necessary to amend the bond resolution heretofore adopted on July 31, 2001 to reflect the increase in the estimated maximum cost of the Project; and WHEREAS, all necessary procedures requisite to reviewing the impact that the Project may have on the environment having been complied with and construction permits having been obtained from the Federal, State and local governmental entities having jurisdiction in this matter, the Town Board, in the role of Lead Agency, has determined and found that pursuant to the applicable provisions of the State Environmental Quality Review Act ("SEQRA"), the Project is an Unlisted Action thereunder and, following preparation of an Environmental Assessment Form, it has been determined that the Project will have no significant adverse impact upon the environment and, further, the Town Board has issued a Negative Declaration and filed same with the Town Clerk; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates and authorizes the expenditure of $10,500,000, including the amount of $1,090,000 from the TEA-21 Program (Transportation Equity Act for the 21st Century) of the United States, in addition to the amount heretofore approved; up to $5,500,000 expected to be received from the United States Department of Transportation; up to $3,000,000 expected to be received from the FHWA, the United States Department of Homeland Security, and/or HUD for urban renewal purposes; and up to $2,000,000 expected to be received from the State of New York; for the construction of a new and expanded ferry terminal on the land heretofore acquired and now owned by the Town for District purposes, being the site of the existing ferry terminal, in the City of New London, Connecticut, including bulkheading, placement of fill, construction of a new ticketing and administration building, installation of utilities, concrete vaults for two underground storage tanks for fuel and waste oil, a perimeter drainage system, parking areas for vehicles, a wider easement for ingress and egress and the necessary facilities and appurtenances thereto, the resulting terminal areas, including said building, to be approximately double the size of the existing terminal, all as more fully described in the "Preliminary Engineering Report", dated May 31, 2001, by Docko, INc., licensed engineers, as amended, on file in the office of the District and the office of the Clerk of the Town, as well as original furnishings, equipment, machinery and apparatus required for the purposes for which said building and terminal are to be used (herein called the "Project"). The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and to the financing thereof, is $10,500,000 and the plan of financing includes the expenditure of the grants as hereinabove referred to in the Recitals hereof and the issuance of obligations, including serial bonds and bond anticipation notes, in the principal amount of not to exceed $4,800,000 to finance that portion of said appropriation for which such grants are not available. The principal and interest on such obligations, shall be assessed, levied and collected from the several lots and parcels of land within the District by the Town Board in the manner provided by law, but if not paid from such source, all the taxable real property within the Town shall be subject to the levy of October 21, 2003 Southold Town Board 18 ad valorem taxes, without limitation as to rate or amount, sufficient to pay the principal of and interest on said obligations as the same shall become due and payable. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of not to exceed $4,800,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance that portion of said appropriation for which grants are not available. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of the Project, being the specific object or purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 46 of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds having substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. October 21, 2003 Southold Town Board 19 Section 7. This resolution shall take effect immediately and the Town Clerk is hereby directed to publish a summary of the foregoing bond resolution, in full, in "THE TRAVELER WATCHMAN," a newspaper published in the Town of Southold, New York, and having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk's statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. SUPERVISOR HORTON: This is on the project for the Fishers Island Ferry District, which is funded partially through grants, partially through bond and is paid for by the taxpayers in the Fishers Island Ferry District. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #69O Moved by Councilman Romanelli, seconded by Councilman Moore, BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED OCTOBER 21, 2003, APPROPRIATING $45,000 TO FINANCE THE MAINTENANCE AND REPAIR OF EXISTING BULKHEADS, IN THE SOUTHOLD PARK DISTRICT, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $45,000, AND AUTHORIZING THE ISSUANCE OF $45,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION. Recitals WHEREAS, the Board of Commissioners of the Southold Park District (the "Park District"), in the Town of Southold (the "Town"), in the County of Suffolk, New York, pursuant to the resolution duly adopted and subscribed by said Board of Commissioners on September 15, 2003, and, together with a petition, duly submitted to the Town Board of the Town (the "Town Board"), has requested the Town Board to appropriate $45,000 to finance, for the maintenance and repair of existing bulkheads, in the Park District, and to finance such appropriation by the issuance of obligations of the Town in like amount pursuant to the Local Finance Law and that to pay the principal of and interest on such obligations as the same shall become due and payable, a sum sufficient therefor shall be levied and collected from the several lots and parcels of land within the Park District, in the same manner and at the same time as other Town charges; and further, that the Town Board call a special meeting of the Park District for the purposes of (i) holding a public hearing to hear all persons interested in such construction, appropriation and financing and (ii) voting upon a proposition therefor; and WHEREAS, pursuant to the Order of the Town Board dated September 23, 2003, a public hearing was duly called and held on the 7th day of October, 2003, at the Southold Town Hall, 53095 Main Road, Southold, in the Town, at which time all persons interested were duly heard concerning such maintenance and repair; and WHEREAS, following such public hearing there was submitted to the qualified voters of the Park District a proposition for approval or disapproval of such maintenance and repair and financing and said proposition was duly approved by a majority of the qualified voters present and voting thereon; and WHEREAS, pursuant to the Order After Public Hearing and Election adopted on October 21, 2003, the Town Board determined that it is in the public interest to maintain and repair the October 21, 2003 20 Southold Town Board existing bulkheads, in the Park District, and approved the maintenance and repair as herein described and referred to; and the appropriation of $45,000, to be financed by the issuance of obligations of the Town, the said amount of $45,000 having been stated in the Order Calling Public Hearing as the estimated maximum cost thereof; and that the expense of said reconstruction in the Park District, shall be assessed, levied and collected from the several lots and/or parcels of land within said Park District in the same manner and at the same time as other Town charges; Now, therefore be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the members of said Town Board), AS FOLLOWS: Section 1. The Town of $outhold hereby appropriates the amount of $45,000, as referred to in the Recitals hereof, for the maintenance and repair of the existing bulkheads, in the Park District. The estimated maximum cost of said specific object or purpose, including preliminary costs and costs incidental thereto and the financing thereof, is $45,000 and the plan of financing includes the issuance of $45,000 serial bonds of the Town to finance said appropriation, and the assessment, levy and collection from the several lots and/or parcels of land within said Park District, in the same manner and at the same time as other Town charges, to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Serial bonds of the Town in the principal amount of $45,000, are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness of specific object or purpose for which said $45,000 serial bonds authorized pursuant to this resolution are to be issued, within the limitations of Section 11.00 a. 22 (b) of the Law, is twenty (20) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. October 21, 2003 21 Southold Town Board Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in the "TRAVELER- WATCHMAN," a newspaper having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #691 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints George Augustine to the position of School Crossing Guard for the post located at Our Lady of Mercy, Route 25, Cutchogue, at the daily rate of $27.98 effective October 22, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #692 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for the position of Matron/Detention Attendant (on-call basis) at the current salary rate of $11.97 per hour. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. October 21, 2003 Southold Town Board 22 This resolution was duly ADOPTED. #693 Moved by Councilman Richter, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby transfers the following vehicle from the Southold Town Police Department to the Southold Town Highway Department: 1998 Ford Crown Victoria - VIN 2FAFP71W3WX163145 - 101,980 miles Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #694 Moved by Councilman Moore, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of $outhold hereby modifies the Police 2003 budget as follows: TO: A.3120.4.100.900 Misc Supplies $1600.00 FROM: A. 3120.2.500.400 Radio Equipment $1600.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #695 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of $outhold hereby modifies the Police 2003 budget as follows: TO: A.3120.4.100.900 Misc Supplies $1025.00 FROM: A.3120.2.300.100 Automobile $1025.00 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #696 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town Board wishes to appoint a Hearing Officer to consider disciplinary charges against an employee and suspending that employee without pay pursuant to the Civil Service Law; NOW, THEREFORE BE IT RESOLVED, that the Town Board hereby appoints Valerie Marvim Esq. as the Hearing Office in the disciplinary charges brought against a Town employee~ and FURTHER, BE IT RESOLVED, that the Town Board hereby suspends the employee without pay for not more than thirty days pending the determination of the charges effective the day after the charges are served upon the employee; and RESOLVED that the Town Clerk be directed to forward a copy of this resolution to Richard Zuckerman, Esq. October 21, 2003 Southold Town Board 23 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: For the Board's information, perhaps at this point we could start moving ahead with our public hearings. We have two more pages of resolutions to adopt and if we could move ahead with our 5:00 public hearing. Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board meeting be and hereby is recessed in order to hear public hearings in the matter of (1.) HEARING TO HEAR CITIZEN VIEWS ON LOCAL HOUSING AND COMMUNITY DEVELOPMENT NEEDS TO BE MET WITH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. AND (2.) HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-4-44.2 FROM LOW DENSITY RESIDENTIAL (R-80) TO DISTRICT TO MARINE (M-l)". Meeting was reconvened at SUPERVISOR HORTON: Believe it or not, we have gotten ourselves ahead of schedule, so at this point what we will do is, ! would like to guide this meeting to the direction of reading our resolutions until 5:30, at which point we will move back into our public hearings. #697 Moved by Councilman Romanelli, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2003 Solid Waste District budget~ as follows: To SR 8160.4.100.110 Pre-printed Forms $ 387.65 SR 8160.4.100.800 Maint/Facilities & Grounds $ 450.00 SR 8160.4.400.625 Tire Repair $ 200.00 SR 8160.4.400.805 MSW Removal $10,000.00 SR 8160.4.400.810 C&D Removal $ 41,229.62 $ 52,267.27 From SR 8160.1.100.200 F/T Employee Overtime Earnings $ 1,722.74 SR 8160.1.100.500 F/T Employee Holiday Pay $ 5,000.00 SR 8160.1.300.100 Temp/Seasonal Emp. $ 2,000.00 SR 8160.2.200.300 Office Equipment $ 300.00 SR 8160.2.500.200 Garage & Shop Equipment $ 200.01 SR 8160.2.500.300 Traffic Control Devices $ 300.00 SR 8160.2.500.450 Radio Equipment $ 548.75 SR 8160.2.500.600 Misc. Sanitation Equipment $ 85.12 SR 8160.4.100.100 Office Supplies/Stationary $ 104.69 SR 8160.4.100.125 Misc. Supplies $ 431.91 October 21, 2003 Southold Town Board 24 SR 8160.4.100.150 SR 8160.4.100.325 SR 8160.4.100.500 SR 8160.4.100.550 SR 8160.4.100.566 SR 8160.4.100.570 SR 8160.4.100.573 SR 8160.4.100.595 SR 8160.4.100.610 SR 8160.4.100.620 SR 8160.4.100.640 SR 8160.4.100.645 SR 8160.4.100.700 SR 8160.4.100.995 SR 8160.4.400.100 SR 8160.4.400.200 SR 8160.4.400.225 SR 8160.4.400.600 SR 8160.4.400.670 SR 8160.4.400.700 SR 8160.4.400.815 SR 8160.4.400.840 SR 8160.4.450.300 SR 8160.4.600.300 SR 8160.4.600.500 SR 8160.4.600.600 SR 8160.4.600.700 SR 9901.9.000.100 Scalehouse Paper/Supplies $ 1,652.23 Soaps & Degreasers $ 500.00 Motor Vehicle Glass $ 1,000.00 Maint/Komatsu Loader $ 3,500.00 Maint/Cat. Quarry Truck $ 339.72 Maint/Supply John Deere 644 $ 2,500.00 Maint/Supply Trommel Screen $ 500.00 Maint/Supply Tub Grinder $ 5,000.00 Maint/Supply Forklift $ 1,500.00 Maint Supply Ford P/U $ 1,000.00 Maint/Supply Trailer Fleet $ 500.00 Maint/Supply Fire Truck $ 400.00 HazMat Training/Supplies $ 800.00 Signage $ 1,000.00 Engineering $ 203.37 Building Maintenance $ 1,000.00 Copier Maint. Contract $ 300.00 Scale Maintenance $ 1,500.00 Mack Quarry Truck Repairs $ 216.46 Equipment Rental $ 2,000.00 Scrap Tire Removal $ 2,000.00 Hazardous Waste Removal $ 2,500.00 Informational Brochures $ 279.75 Travel Reimbursement $ 780.30 Freight & Express Mail $ 205.47 Dues & Subscriptions $ 19.75 Licenses & Permits $ 377.00 Transfer to Capital Fund $10,000.00 $ 52,267.27 Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #698 Moved by Justice Evans, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission for the Southold PTA to use the following roads on Saturda¥~ October 25~ 2003 at approximately 10:00 A.M. for the Halloween Parade: Main Road, and Oaklawn Avenue provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Lt. Flatley ten (10) days prior to the event to coordinate traffic. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #699 October 21, 2003 Southold Town Board 25 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the report of Nelson~ Pope & Voorhis dated October 16~ 2003 regarding the zone change on the property 1000-122-4- 44.2 (original petitioner Strong's Marine) and reaffirms the Negative Declaration adopted by the Town Board dated June 27, 1995. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #700 Moved by Councilman Richter, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the report of Nelson~ Pope & Voorhis dated October 16~ 2003 regarding the zone change on the property 1000-46-1-2.1 (original petitioner Riverhead Building Supply) and reaffirms the Negative Declaration adopted by the Town Board dated October 15, 1996. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Moore. This resolution was duly ADOPTED. #701 Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the report of Nelson~ Pope & Voorhis dated October 18~ 2003 regarding the zone change on the property 1000-115-9- 5.1 (original petitioner Sheppard) and reaffirms the Negative Declaration adopted by the Town Board on July 6, 1999. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Moore. This resolution was duly ADOPTED. #7O2 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the report of Nelson~ Pope & Voorhis dated October 16~ 2003 regarding the zone change on the property 1000-103-1- p/o 19.3 (original petitioner Cichanowicz) and reaffirms the Negative Declaration adopted by the Town Board dated June 1995. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #703 Adopted at beginning of meeting Setting Special Town Board Work Session for Budget: Friday, October 24, 2003 at 4:00 P.M. #7O4 Moved by Justice Evans, seconded by Councilman Romanelli, it was October 21, 2003 Southold Town Board 26 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O5 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed local law entitled, "A Local Law in relation to Amending Chapter 100 'Zoning' of the Code of the Town of Southold to create a new Article solely for the Agricultural- Conservation (A-C) and Low Density Residential R-80 Districts~ to amend the provisions of the Agricultural- Conservation (A-C) and Low Density Residential R-80 Districts governing uses and subdivisions~ and to amend certain sections of Chapter 100 to conform to the new Article" to the Southold Town Planning Board, the Suffolk County Department of Planning, New York State Department of Agricultural and Markets, Southold Town Agricultural Advisory Committee, the Southold Town Land Preservation Department & Committee for their recommendations and reports. The proposed Local Law reads as follows: LOCAL LAW NO. 2003 A Local Law in relation to Amending Chapter 100 'Zoning' of the Code of the Town of Southold to create a new Article solely for the Agricultural- Conservation (A-C) and Low Density Residential R-80 Districts, to amend the provisions of the Agricultural- Conservation (A-C) and Low Density Residential R-80 Districts governing uses and subdivisions, and to amend certain sections of Chapter 100 to conform to the new Article. Be it enacted by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent The goals of the Town of Southold, which derive from the shared vision held by residents and local public officials and have been consistently and repeatedly identified in over 20 years of comprehensive planning documents and study's are: · to preserve land including open space, recreation and working landscapes; · to preserve rural, cultural, historic character of the hamlets and surrounding countryside; · to preserve its natural environment; to prevent further deterioration of resources and to restore degraded resources back to pristine or near pristine quality; · to preserve and promote a range of housing and business opportunities that would support a socio-economically diverse community focusing specifically on affordable housing issues; and · to increase transportation efficiency and to create attractive alternatives to automobile travel, while preserving the scenic and historic attributes of the Town, State, County and local roadways. In 2002 the Blue Ribbon Commission proposed further clarification of these goals in putting forth the stated goals of preserving a minimum of 80% farmland and open space of at-risk lands, while reducing density by 60%. The Town Board hereby adopts the Blue Ribbon Commissions goals of October 21, 2003 27 Southold Town Board preserving a minimum of 80% of the remaining Farmland, 80% of the remaining Open Space and a reduction in density of 60%. Since the recommendation was made by the Blue Ribbon Commission these goals have been widely accepted by the community and local public officials. In August, 2002 the Town Board of the Town of Southold adopted a moratorium on residential subdivisions and multi-family developments requiring site plan approval. In adopting the moratorium the Town Board found that "increased growth and development were placing severe pressure on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The Town's unique environment, geography, and hydrology impose distinct limitations on the shape, design and intensity of residential development that can be reasonably sustained without endangering public health, safety and welfare." The purpose of the moratorium specifically stated that several inter-related planning initiatives should be considered: the recommendations of the Blue Ribbon Commission; affordable housing issues; the Local Waterfront Revitalization Program (LWRP); and public infrastructure. The complex inter-relationship of these issues required sufficient time to formulate an effective implementation strategy. To that end, a working group was formed by the Town Board. During four intensive sessions held during the month of September 2002 the group examined the Town's needs, resources and database. This review indicated a need to translate the various studies, recommendations, committee input, commission reports, staff efforts and Town Board initiatives into a cohesive plan (package of legislations and procedures that will implement the Town's Vision). This project was called the Comprehensive Implementation Strategy ("CIS"). The CIS involved the evaluation and, where appropriate, implementation by the Southold Town Board of the recommended planning and program tools and measures as described in the planning studies undertaken within the Town over the past 20 years. Recommendations contained in these studies and plans were reviewed in terms of current Town needs and goals, to achieve the Town's vision as articulated in those documents. Those recommendations were considered by the Town Board for implementation in the form of amendments to Town procedures and to the Town Code and various Town regulations, in conformance with the Town's Comprehensive Planning. The Town Board initially considered all prior recommendations, with an emphasis on those that protect farmland and open space, promote affordable housing; maintain and enhance character of hamlet centers, and preserve natural resources. The Board solicited inter-agency and public input, and considered potential impacts under a public forum provided through a Generic Environmental Impact Statement (GELS) procedure. The proposed amendments provide a separate and distinct Article within the Zoning Chapter for the A- C and R-80 zoning districts and seek to implement the following planning initiatives with regard to the A-C and R-80 zoning districts: · Clarify building envelopes, size and review; · Clarify allowed agricultural practices; · Exclude inappropriate special permit and accessory uses; · Provide accessory structure requirements; · Increase the minimum lot size from 80,000 to 200,000 square feet; · Provide a means to consider previously created lots as pre-existing conforming lots; · Provide exceptions for land preservation projects that meet Town preservation targets as specified in the Local Law, including an incentive with regard to reduced lot size requirements; · Provide subdivision requirements which specifically incorporate Town land preservation targets of 80% open space/farmland; · Provide an incentive to create an affordable (in perpetuity) lot/single family house. October 21, 2003 Southold Town Board 28 The proposed amendments increase allowable lot size, remove inappropriate uses from farmland and open space areas, codify open space requirements, provide appropriate incentives to achieve Town land preservation targets, and assist in part with affordable housing incentives, while generally providing more explicit guidance in the code. The amendments are consistent with the Town goals and the $outhold CIS, GElS and Findings in re-structuring the A-C and R-80 districts in a manner that reflects the agricultural use and importance to the Town of the A-C & R-80 zoning districts, and addressing the environmental sensitivity of R-80 zoned lands. The Town's proposed Agricultural-Conservation (A-C) and Residence-80 (R-80) zoning amendments have been formulated as a result of and in conformance with the Town's Comprehensive Planning and the Comprehensive Implementation Strategy (CIS). Maintain rural character and historic farm use that is part of the economic vitality of the Town. Add in that the A-C and R-80 Zoning Districts contain the overwhelming majority of the Town's remaining farmland and open space. Section 2. Chapter 100 of the Code of the Town of Southold is hereby amended to add a new Article, to be known as Article IIA as follows: ARTICLE IIA Agricultural-Conservation (,A-C) District and Low Density Residential R-80 Districts § 100-20A. 1 Purpose. The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80 Zoning Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of $outhold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners". § 100-20A.2. Use Regulations. In the AC & R-80 Zoning Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses 1) One-Family detached dwellings, not to exceed one dwelling on each lot. i. If the lot is over six (.6) acres (240,000 square feet) than the following conditions apply: (a) .The total area covered by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. 1. Impervious surfaces, driveways, parking lots, lawns shall all be included in calculating the 20% lot coverage; 2. All accessory structures and buildings shall be located within 200 feet of the principal building; 3. Land used in agricultural production or open space shall not be included in calculating the 20% lot coverage. October 21, 2003 Southold Town Board 29 2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. 3) Wineries which meet the following standards: (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, the uses are subject to site plan approval by the Planning Board: 1) g) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than fifty (50) feet to any street line and nearer than twenty (20) feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. October 21, 2003 Southold Town Board 30 2) % Public utility rights-of-way as well as structures and other installations necessary to se~e areas within the town, except that wireless communication hcilities must obtain approval pursuant to ~icle XVI, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welhre of the community and the character of the neighborhood in which the proposed structure is to be constructed. 3) ¢) Farm labor camps, subject to the following requirements: October 21, 2003 Southold Town Board 31 a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, except by specific review and approval of the Planning Board 4) ~) Cemeteries 5) ~ Stables and riding academies 6) ~ One (1) accesso~ apa~ment in an existing one-hmily dwelling, subject to the following requirements: (a) The accessory apa~ment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one (1) or more years. (c) The existing one-hmily dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apa~ment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apa~ment shall not exceed foay percent (40%) of the livable floor area of the existing dwelling unit. (0 A minimum of three (3) off-street parking spaces shall be provided. (g) Not more than one (1) accesso~ apa~ment shall be permitted on a lot. (h) The accessory apa~ment shall meet the requirements of a dwelling unit as defined in ~ 100-13 hereof. (i) The exterior ent~ to the accessory apa~ment shall, to the maximum extent possible, retain the existing exterior appearance of a one-hmily dwelling. 0) All exterior alterations to the existing building, except for access to the apa~ment, shall be made on the existing foundation. (k) The ce~ificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one (1) of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apa~ment may continue in occupancy until a new owner shall occupy the balance of the dwelling or one (1) year from date of said demise, whichever shall first occur. [Amended 5-20- 1993 by L.L. No. 6-1993] (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the ce~ificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-1993] (m)The building which is conve~ed to permit an accesso~ apa~ment shall be in existence and have a valid ce~ificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] (n) The existing building, together with the accesso~ apa~ment, shall comply with all other requirements of Chapter 100 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of ~ 100-3 lB hereo[ no site plan approval by the Planning Board shall be required for the establishment of an accessory apa~ment. (p) Approval by the Suffolk County Depa~ment of Health Se~ices of the water supply and sewage disposal systems shall be required. October 21, 2003 Southold Town Board 32 (q) No bed-and-breakfast facilities, as authorized by § 100-3 lB(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] Accesso~ uses, limited to the following uses and subject to the conditions listed in section IV herein: 1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. 2) Home occupation, including home professional office and home business office. In permitting these uses, the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the town, to maintain the rural quality of life and in the interests of the welhre of the residents, these businesses (or home occupations) should be permitted to continue. In setting fo~h the following subsections, the Board intends to permit as of right ce~ain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim These uses shall be permitted, provided that: (a) No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carried on in the main building by the residents therein with not more than one (1) nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed twenty-five percent (25%) of the area of all floors of the main building, and in no event shall such use occupy more than five hundred (500) square feet of floor area. (d) There shall be no exterior effect at the prope~y line, such as noise, traffic, odor, dust, smoke, gas, ~mes or radiation. (e) Studios where dancing or music instruction is offered to groups in excess of five (5) pupils at one (1) time or where conce~s or recitals are held are prohibited. (~ In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential character, including but not limited to the use of colors, materials, construction or lighting. October 21, 2003 Southold Town Board 33 (g) Notwithstanding anything set forth elsewhere in this Article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlors, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above. (h) Home occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction of any type on the site. (i) The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures. 3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use. (b) The Town Trustees shall approve new boat docking facilities. (c) Boats at such docking facilities shall not be used for overnight sleeping purposes. 4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain link (or similar type) fence of not more than two-inch mesh, not less than four (4) feet in height, erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four (4) feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one (1) year from such date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single- family detached dwelling, provided that the same is set back not less than six (6) feet from all lot lines and that there is no lighting for after dark use. 5) Private garages; provided, however, that not more than two (2) passenger automobile spaces in such garages may be leased to persons not resident on the premises. 6) Off-street parking spaces accessory to uses on the premises. Not more than four (4) off-street parking spaces shall be permitted within the minimum front yard. 7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to {} 100- 191 Q, Supplemental parking regulations, and the following requirements: (a) Such boat or trailer shall not exceed thirty (30) feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied thereby, together with the area of all buildings in the rear yard, shall not exceed forty percent (40%) of the area of the required rear yard. (c) Such boat or trailer shall not be located within fifteen (15) feet of any street or lot line. 8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within forty (40) feet of any lot line. Housing for flocks of more than twenty-five (25) fowl shall not be constructed within fifty (50) feet of any line. October 21, 2003 Southold Town Board 34 9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one (1) such sale shall be conducted on any lot in any one (1) calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one (1) on-premises sign not larger than six (6) square feet in size displayed for a period of not longer than one (1) week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of fifteen dollars ($15.). (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. 10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. 11) Child care. § 100-20A.3. Accessory Buildings. In the A-C and R-80 Zoning Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Setbacks. 1) On lots containing up to twenty thousand (20,000) square feet, such buildings shall be set back no less than three (3) feet from any lot line. 2) On lots containing more than twenty thousand (20,000) square feet up to thirty-nine thousand nine hundred ninety-nine (39,999) square feet, such buildings shall be set back no less than five (5) feet from any lot line. 3) On lots containing in excess of thirty-nine thousand nine hundred ninety-nine (39,999) square feet up to seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than ten (10) feet from any lot line. 4) On lots containing in excess of seventy-nine thousand nine hundred ninety-nine (79,999) square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. C. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements as set forth by this Code. § 100-20A.4 Bulk, Area and Parking Regulations A. No building or premises shall be used and no building or part thereof shall be erected or altered in the AC or R-80 District unless the same conforms to the Bulk, Area and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. B. Pre-existing conforming lot: 1) A lot created by Planning Board approval since the adoption of the two (2) acre minimum lot size in the A-C and R-80 zoning districts before the enactment of this Local Law which were October 21, 2003 35 Southold Town Board not further sub-dividable based on the two (2) acre minimum lot size shall be treated as a conforming lot for all purposes. A lot recognized by section 100-24 and 100-25 of the Town Code which was not further sub-dividable based on the two (.2) acre minimum lot size in the A-C and R-80 zoning districts before the enactment of this Local Law shall be treated as a conforming lot for all purposes. Exceptions For all purposes including subdivision, parcels of property which meet the following criteria are subject to Bulk Schedule "XX" found at the end of this chapter and shall not follow the Bulk Schedule for the A-C and R-80 zoning districts: a parcel of property where interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to at least seventy five percent (75%) of that parcel were sold or gifted (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk: the Peconic Land Trust: the Nature Conservancy: New York State or the United States of America prior to the effective date of this local law; a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to at least seventy five percent (75%) a portion of that parcel (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust; the Nature Conservancy: New York State; or the United States of America; a parcel of property for which the Town Board granted a waiver under the moratorium on residential subdivisions or multi-family residential developments requiring site plan approval. § 100-20A. 5 Subdivision. A. Any subdivision application for a parcel of property in the A-C & R-80 zoning district must comply with all of the provisions of Chapter A106 entitled Subdivision of Land and ARTICLE XVIII, Cluster Development except that the following additional conditions and requirements apply: 1) 80% (eighty percent) preservation cluster requirement: (a) This 80% preservation cluster requirement shall only apply to parcels of property 6- acres (240,000 sq. ft.) or larger. (b) Any subdivision of a lot in this district must be a clustered subdivision. (c) Maximum lot size of a buildable clustered lot shall be forty thousand (40,000) square feet. (d) At least 80% of the parcel shall be subdivision open space except: (e) if the affordable lot option set forth below is choosen. In that case at least 75% of the parcel shall be subdivision open space or permanently preserved as described in the affordable lot option section: or (f) under the conditions set forth in section "e" below. October 21, 2003 Southold Town Board 36 (g) The number of lots that could be created shall be determined from a yield map. If the applicant chooses a reduced yield subdivision the lot size for any or all lots can be increased. However, in no case shall the subdivision open space be less than eighty percent (80%) of the parcel unless the affordable lot option set forth below is exercised except that no lot shall be required to be less than one (1) acre in size even if this results in less than 80% of the parcel being preserved (h) The subdivision open space shall be known as the "Agricultural Reserve Area" and shall be designated as such on the filed subdivision map. The subdivision open space from each lot shall be combined into a single large lot. The covenants and restrictions placed on the subdivision open space shall limit the use such to the following: (i) agricultural production or open space. (j) these covenants and restrictions shall be recorded with the County Clerk of the County of Suffolk. (k) Agricultural Reserve Area: The applicant [shall have the option] of either attaching one of the lots that could be created as a building envelope to a large lot containing all of the subdivision open space from the clustered subdivision or having the subdivision open space remain a separate and distinct lot with no building envelope. B. Affordable Lot Option- 1) All parcels of property 6-acres (240,000 sq. ft.) or larger shall be entitled to an affordable lot (in addition to all lots the applicant could get under a subdivision) if the following conditions are met: (a) A covenant and restriction running with the land in perpetuity and recorded with the County Clerk of the County of Suffolk is placed on this additional lot establishing the following conditions: i. The first sale and/or change in title to this lot can be to either an: (1) Immediate Family Member; or (2) to a moderate-income family as defined in Section 100- 51 of the Southold Town Code; and ii. any subsequent sale must be to a moderate-income family as defined in Section 100-51 of the Southold Town Code; and iii. The covenant and restriction would be enforceable by the Town Board, Planning Board or Director (as defined in section 100-51 of the Town Code) iv. An unimproved or improved lot created pursuant to this section which changes ownership because of the death of an owner shall not be considered a "sale" under section ii above. (b) At least seventy five (75%) of the parcel must be subdivision open space or preserved for purposes of permanent preservation, by sale or gift, to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town Code); the County of Suffolk; the Peconic Land Trust; the Nature Conservancy; New York State or the United States of America. Section 3. Article III of Chapter 100 Zoning of the Southold Town Code is hereby amended as follows: ARTICLE III, A~;o..1, .... 1 o ........ +;~. ~^ oX r~;~+.;~+ ~.a Low-Density Residential ~' ~n R-120, R- 200 and R-400 Districts § 100-30. Purpose. The purpose 0fthe A~:o..~, .... ~ O ........ ,:~. ~A O~ r~:~,~:o, ~.a ,~ · ~s ........................ v ~ ,~ ................ Low-Density Residential ~> ~n R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the October 21, 2003 37 Southold Town Board unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. § 100-31. Use regulations. In A C,~, ~> v,,,~ R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: § 100-32. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the ^ o r, ~c~ R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. § 100-33. Accessory buildings. r, ~c~ R-120, R-200 and R-400 In the ^~:~'m ....~ o ........ ~:~, r~:~:~ ~,~ Low-Density Residential .... , Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: ~TICLE IliA, Low-Density Residential R-40 District ~ 100-30A.2. Use regulations. In an R-40 District, no building or premises shall be used and no building or pa~ of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in pa~, for any uses except the following: A. Permitted uses: Same as ~ 100-3lA of theA~:~..I* .... 1 O ........*:~. ~:~*~:~* , ~ ................................ R-120, except that wineries are excluded. B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: 1) Same as ~ 100-3lB of the a~,:~..1, .... 1 o ........ ,:~, ,~ ........................R-120 District, except that a children's recreation camp, hrm labor camp and veterinarian's office and animal hospital are not permitted and bed-and-breakhst uses do not require site plan approval. C. Accesso~ uses, limited to the following: 1) Same as ~ 100-31C of the a~,:~..1, ....1 o ........ ,:~, , ~ ........................ R- 120 District. ~ 100-30A.4. Accessory buildings. Accesso~ buildings shall be subject to the same requirements as ~ 100-33 of the *--;-"~* .... ~ o ........ ,;~, ~;o,,;,, R-120 District. ~TICLE IV, Hamlet Density (~) Residential District ~ 100-42. Use regulations. October 21, 2003 38 Southold Town Board In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: 2) Accessory apartments in single-family residences as set forth in and regulated by § 100- 31B(13) of theA~:~..14- .... I t~ ....... 4-:~ · ~ ........................ R- 120 District. C. Accessory uses, limited to the following: 2) Accessory uses as set forth in and regulated by § 100-31C(1) through (7), (9) and (11) of the · ~ ........................R-120 District, and subject to conditions set forth in § 100-33 thereof. ARTICLE VI, Resort Residential (RR) District § 100-61. Use regulations. In the RR District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. 1) Any permitted use set forth in and as regulated by § 100-3lA of the ^~,:~,,1, .... 1 o ........ ,:~, R-120 District, except that wineries are excluded. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: 1) Any special exception use set forth in and as regulated by § 100-3 lB(l), (6), (7) and (13) of the · ~ ........................ R- 120 District. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: 1) Any accessory use set forth in and as regulated by § 100-31C(1) through (7) of the · ~ ........................ R- 120 District. ARTICLE VII, Residential Office (RO) District § 100-71. Use regulations. In the Residential Office (RO) District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and subject to site plan approval by the Planning Board, provided that not more than one use shall be allowed for each 40,000 square feet of lot area: 1) Special exception uses as set forth in and regulated by § 100-31 B(1) through (7) of the · ~ ........................ R- 120 District. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: 1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the ^--:-"~* .... ~ ~ R-120 District and subject to the conditions set foffh in ~ 100-33 thereof. ~TICLE VIII, Limited Business (LB) District ~ 100-81. Use regulations. October 21, 2003 39 Southold Town Board In the LB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses. All permitted uses except single-family and owner-occupied two-family residences require site plan approval. 1) Any permitted use as set forth in and regulated by § 100-3lA of the A~:~,,i~- .... 1 t~ ........ ~-:~ R-120 District except wineries, which shall be as set forth in Subsection A(9) below. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided and are subject to site plan approval by the Planning Board: 1) Any special exception use as set forth in and regulated by § 100-3lB of the A~:~,,~ .... ~ ~ R~-120 District, except that wineries are not required to be in connection with a vineyard, and except bed-and-breakfasts. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: 1) Any accessory use as set forth in and regulated by § 100-31C(1) through (8) and (10) of the .~ ........................ R-120 District, and subject to the conditions set forth in § 100-33 thereof ARTICLE IX, Hamlet Business (HB) District § 100-91. Use regulations. In the HB District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2) and A(19) hereof, are subject to site plan approval by the Planning Board: 1) Any permitted use set forth in and regulated by § 100-3iA(i) and (3) of the A~:~,,I* .... 1 ~ R-120 District. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, subject to site plan approval by the Planning Board: 1) Any special exception use set forth in and as regulated by § 100-3 lB(3) to (6) and (13) and (14) · ~ ........................ R-120 District. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are subject to Article XX, are subject to site plan review: 1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the ^--;-"~* .... ~ ~ R-120 District, and subject to the conditions set forth in § 100-33 thereof. ARTICLE X, General Business (B) District § 100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1) hereof, are subject to site plan approval by the Planning Board: 1) Any permitted use set forth in and regulated by § 100-31A(2) and (3) of the A,~;,,,I* .... 1 ~ R-120 District. October 21, 2003 40 Southold Town Board B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: 1) Bed-and-breakfast enterprises or boarding and/or tourist homes as set forth in and regulated by § 100-31B(14) of theA~:~..I* .... 1 t ,~ ........................ R-120 District, except that no site plan approval is required. C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: 1) Accessory uses set forth in and as regulated by § 100-31C(1) through (8) and (10) of the ,~ ........................ R-120 District, subject to the conditions set forth in § 100-33 thereof. ARTICLE XI, Marine ! (MI) District § 100-111. Use regulations. In an MI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: 1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the ^~:~..1~ .... 1 ~ R-120 District, and subject to the conditions of § 100-33 thereof. ARTICLE XII, Marine II (MI1) District § 100-121. Use regulations. In the Mil District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following [one (1) use per eighty thousand (80,000) square feet of land above mean high water, unless otherwise specified]' C. Accessory uses. The following uses are permitted as accessory uses and, except for residential accessory uses and signs, which are governed by Article XX, are subject to site plan review: 1) Accessory uses as set forth in and regulated by § 100-31C(1) through (7) of the ^~:~..1, .... 1 ~ R-120 District, and subject to the conditions of § 100-33 thereof. ARTICLE XVIII, Cluster Development § 100-181. Applicability. A. On lots often (10) or more acres in the · ~ ........................ , the R-40 and ~> ~ Districts and the Low-Density Residential R-120, R-200 and R-400 Districts, clustering will be required, subject to the following conditions: 1) The residential use will be single-family detached homes for lot sizes of thirty thousand (30,000) square feet or larger and detached or attached houses for lot sizes less than thirty thousand (30,000) square feet. 2) The density of these homes will be as specified in the particular district and determined as indicated in Subsection C below. 3) The minimum lot size shall be: (a) Without public water and sewer: thirty thousand (30,000) square feet. (b) With public water: twenty thousand (20,000) square feet. (c) With public water and sewer: ten thousand (10,000) square feet. B. In the Low-Density Residential t~:o,,:~,o , .... :* *~'~ A C ^~':~''1. .... 1 o ........ ,:~ e, ~c~ R-120, R-200 and R-400 Districts, clustering is permitted and may be mandated by the Planning Board in October 21, 2003 Southold Town Board 41 the exercise of discretion without the requirement that the owner make written application for the use of such procedure. BULK SCHEDULE "XX" Minimum Requirements for 1 family detached dwellings Lot Size (square feet) 80,000 Lot width (feet) 175 Lot depth (feet) 250 Front Yard (feet) 60 Side Yard (feet) 20 Both Side yards (feet) 45 Rear yard (feet) 75 Livable floor area (square 850 Feet per dwelling unit) Maximum permitted Dimensions: Lot Coverage (percent) 20 Building Height (feet) 35 Number of Stories 2 1/2 Section 4. 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take provided by law. Bulk Schedule for Residential Districts Column No. i xii Unit 2-Family Detached Community Dwellings in Sewer R-80 District District A-C effect immediately upon filing with the Secretary of State as Town of Southold Bulk Schedule for Residential Districts [Added 1-10-1989 by L.L. No. 1-1989] ii iii iv v vi vii ix x xi Residential Where Water and R-40 R-80 R-120 R-200 R-400 HZ) RR R© Available Minimum Requirements for 1-family detached dwellingsl 200,000 Lot size (square feet) 160,000 Lot width (feet) 175 270 Lot depth (feet) 250 400 Front yard (feet) 60 60 Side yard (feet) 20 30 Both side yards (feet) 45 60 Rear yard (feet) 75 85 200,000 40,000 80,000 120,000 200,000 400,00 20,000 20,000 40,000 10,000 150 175 200 270 270 75 75 150 60 175 250 300 400 400 120 120 175 80 50 60 60 60 60 35 35 50 30 15 20 30 30 30 15 15 15 15 35 45 60 60 60 30 30 35 30 50 75 85 100 100 35 35 50 30 October 21, 2003 Southold Town Board 42 Livable floor area (square 850 850 850 850 850 850 8502 8503 850 850 850 feet per dwelling unit) Maximum permitted dimensions: Lot coverage (percent) 20 20 20 10 5 5 25 25 20 25 10 Building height (feet) 35 35 35 35 35 35 35 35 35 35 35 Number of stories 2V2 2V2 2V~ 2V~ 2V~ 2V~ 2V2 2V~ 2V~ 2V~ 2V~ NOTES: 1 See text of chapter and Density and Minimum Lot Size Schedules for applicable districts. 2 Except one-bedroom or studio in multiple dwelling may have 600 square feet. Minimum floor area may be reduced up to 200 for moderate- and;or lower-cost dwellings. 3 Except one-bedroom or studio in multiple dwelling may have 600 square feet. Density and Minimum Lot Size Schedule for Residential Distxicts Districts Town of Southold Density and Minm~um Lot Size Schedule for Residential Districtsl [Added 1-10-1989 by L.L. No. 1-1989] R-40 Residal R-80 R-120 R-200 R-400 HD A-C Low-Density Residential Residential Residential Residential Hamlet Agricl-Con (One-Acre) Low-Density Low-Density Low-Density Low-Density Density se~-cation (Two-Acre) (Ttu-ee-Acre) (Five-Acre) (Ten-Acre) Residential MINIMUM LOT SIZE (square feet): 1-f:dmily detached dwellh~g 200,000 200,000 Residential unit without utilities vv,Q~ ~ ..... 40,000 Q~ ,v~ 120,000 Residential unit with community water NA NA NA NA Residential unit with community water and NA NA NA NA sewer 2-f:mnily detached dwellh~g 2-f:mnily dwellh~g without utilities NA 80,000(iii) NA 240,000(v) 2-f:mnily dwellh~g with community water NA NA NA NA 2-fmnily dwellh~g with community water NA NA NA NA and sewer Multiple dwellhlg unit or tow~thouse2 Multiple dwellh~g or tow~thouse without NA NA NA NA utilities Multiple dwellh~g or tow~thouse with NA NA NA NA commumty water Multiple dwellh~g or tow~thouse with NA NA NA NA community water and sewer Motel, hotel or conference center guest unit2 Guest unit without utilities NA NA NA NA NA Guest unit with community water NA NA NA NA Guest unit with community water and sewer NA NA NA NA NA Nom-esidential use (as pe~xnitted) Use with or without utilities 80,000 40,000 80,000 120,000 KEY: 200,000 200,000 NA = Not applicable. NOTES: RR RO Resort Residential Residential Office 200,000 400,000 20,000(vii) 20,000(vii) 40,000 NA NA 20,000(vii) 20,000(vii) NA NA NA 10,000(xi) 12,000(xi) NA 400,000(vi) 800,000(vi) 40,000(ii) 40,000(ii) 80,000(iii) NA NA 40,000(ii) 40,000(ii) NA NA NA 20,000(vii) 20,000(vii) NA NA N 20,000 NA3 NA NA NA 20,000 NA3 NA NA NA 10,000 BA3 NA NA NA 6,000 NA NA NA NA NA NA 4,000 NA 200,000 400,000 NA 40,000 40,000 1 Roman numerals refer to applicable column h~ the Residential Bulk Schedule. Where no Romm~ numeral is h~clicated, refer to the clistrict column h~ the Residential Bulk Schedule. 2 For multiple dwelling, hotel, motel and/or conference uses (where pe~xnitled), tiffs table refers to minm~um lot area per tufft. Refer to the Residential Bulk Schedule for total lot size, yard and setback climensions for the applicable district, mtless more-restrictive requh-ements are h~clicated h~ the text of the chapter. 3 [Amended 8-1-1989 by L.L. No. 14-1989] COUNCILMAN WICKHAM: Although the resolution doesn't say it explicitly, we are adding to this that the transmittal will include also our Southold Town Agricultural Advisory Committee, New York State Department of Ag & Markets and our Land Preservation Committee. COUNCILMAN WICKHAM: This proposed legislation is essentially a five acre upzoning for R-80 and AC land with several new ideas, such as an extra lot for moderate income housing. To prepare my vote on this proposal, ! went back to the planning goals that the Board has come together on, namely the preservation of at least 80% of unprotected farmland, 80% of unprotected open space, reduction of future new housing by at least 60%, compared to the maximum allowable, and no substantial loss of landowner equity. Then ! reviewed the preservation and development statistics over the six years prior to the moratorium, those statistics from our GIS and reported in the recently completed DGEIS, shows that the Town has preserved over 18 acres of AC and R-80 land for every new lot created by subdivision. Far more than the five acres of this proposed legislation. ! then reviewed the extent of development on farmland and found that over the same six years prior to the moratorium a grand total of 39 acres were lost to house lots. While ! don't welcome any such land lost to development, ! note that 39 acres developed in six years is one half of one percent of the total unprotected farmland and far, October 21, 2003 43 Southold Town Board far better than the 60% reduction in potential density. Turning now to what could be expected from 5 acre zoning, I should point out that zoning is primarily and historically a development tool which we are now trying to use for preservation purposes. Will the proposed shift to clustered five acre zoning help us or hurt us to achieve our goals? If our track record were marginal and subdivisions were being approved that did not meet the Town's 80-80-60 goals, I would favor some form ofupzoning, perhaps much greater than five acres. But before adopting an upzone, we have to look at the potential for unintended consequences. In my view, they are very sobering and they include these: 1. With the clustering provision, a five acre upzone will have an immediate reduction of about 40% in the value of farmland. That reduction will be to banks calling loans on our most highly leveraged farms. My own farm was in that category a few years ago. And when banks call loans, selling the property to the highest bidder, development is inevitable. Even where farming businesses are not borrowing heavily, a 40% loss in equity will deprive them of the capital needed to modernize their operations so as to attract the next generation of farmers. 2. I think a five acre upzoning will pull the rug out from under the farmland and open space preservation programs that have resulted in the 18 acre ratio of preserved land. These 30 year programs, are today buying more land than ever before, based on arms length appraised values. When those values fall sharply, due to the upzoning, land owners will have little incentive to sell. 3. I think much of the reserved open space in clustered subdivisions is unlikely to be farmed. Certainly that is the case with past subdivisions. It is likely to be gerrymandered on marginal soils and subject to the sanctions of the homeowner in the development. Clustering is likely to preserve open space, semi-wild scrub growth, at the expense of operating farmland. 4. Throwing in the extra lot for moderate-income housing is bad policy because it will be one more incentive to develop farmland, whereas we should be looking for dis-incentives. Providing moderate income housing by developing farmland is not achieving our goals, we should find better ways to provide that housing. Tom Daniels, a prominent Planner, who led the preservation program in Lancaster County, Pennsylvania, made the point here in Southold, that the use of upzoning is primarily a question of timing. I think there is little justification for it now and considerable scope for unintended consequences. The primary motivation for upzoning now seems to be less the merits of the case and more the fact that there will be a change in the composition of this Board shortly. I know, and I have worked with all current Board members and all those who will be on the Board next year and I am certain that the old Board and the new Board will take seriously the challenge of achieving the Town' s goals and I look forward to the give and take necessary in developing that legislation. I would just like to add, that apart from these reasons, I really could not vote for this legislation that has been developed as this one has. We are today voting on legislation that I first received on a fax line only last Friday night. And neither the Town's Land Preservation Committee nor its Agricultural Advisory Committee has had a chance even to look at it, much less comment on it. Legislation written by the Town Attorney, at a request of only one faction of the Board rather than a consensus of the Board as is always been done in the past. My fellow Board members may point out that this vote is only to send the material out for comment to other organizations, but judging from how the vote on this hearing has been handled, we can expect an immediate ratification and movement forward with it. In all my years on different Town Boards, I really have not seen such a rush to judgment, such cut corners and really unfairness in important legislation. I vote no. COUNCILMAN RICHTER: Well, I am going to put my two cents in, not quite as elaborate or as long as Mr. Wickham' s, I do agree with the first part of his statement, that history has proven that we have saved our precious land that we hold so dearly in Southold, but for crying out loud, Tom, open your eyes. We have been discussing this for four years. It is coming. If we don't do something, shame on us. I vote yes. October 21, 2003 44 Southold Town Board COUNCILMAN ROMANELLI: I vote yes. It is unfortunate that Mr. Wickham doesn't understand the proposal. It is unfortunate that he does not want to put the incentive out there for moderate income homes on the farmland but he is all for large conservation subdivisions which will allow large homes and very expensive homes on the farmland but not small, moderate income affordable homes on the farmland. He wants big not small. He doesn't understand that the proposed agricultural land will be set aside solely for agricultural use. It is not like past subdivisions were done, and ! am going to vote yes but then ! am also will then assume that after Mr. Wickham' s long diatribe on why we are doing so well, that on #714, which is the extension of the moratorium that he will vote no for because according to Mr. Wickham, things are fine, we don't need the moratorium. So, ! vote yes on this one. Vote of the Town Board: Aye: Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans. No: Councilman Wickham, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: We will at this point recess again, into our public hearings and what would like to do is, if we can get agreement on the Board for this, ! would like to move to the 5:30 and 5:35 public hearings. Moved by Councilman Moore, seconded by Councilman Richter, it was RESOLVED that the Town Board meeting be and hereby is recessed in order to hear public hearings in the matter of (3.) HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000-46-1-2.1 FROM HAMLET DENSITY (HD) TO LIGHT INDUSTRIAL PARK/PLANNED OFFICE PARK (LIO)". (4.) HEARING ON "A LOCAL LAW TO AMDN THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000-115-9-5.1 FROM LIGHT INDUSTRIAL (LI) TO LOW DENSITY RESIDENTIAL (R-40)". (5.) HEARING ON "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM #1000-103-1- p/o 19.3 FROM RESIDENTIAL OFFICE (RO) TO BUSINESS (B)". (6.) HEARING ON A LOCAL LAW TO EXTEND THE CURRENT MORATORIUM FOR A THREE-MONTH PERIOD. (7.) HEARING ON THE PURCHASE OF A PORTION OF THE PROPERTY OF DOUGHERTY AND OTHERS, SCTM #1000-79-2-7. AND (7.) HEARING ON THE PURCHASE OF PROPERTY OF HURTADO, SR. AND HURTADO, JR, SCTM #1000-79-5-20.15. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O6 Moved by Councilman Moore, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in relation to Amending the Existing Affordable Housing District {AHD) Law to Create Permanent Affordable Housing" to the Southold Town Planning Board and the Suffolk County Department of Planning, New York State Department of Agriculture and Markets, Southold Town Agricultural Advisory Committee, the Southold Town Land Preservation Department & Committee for their recommendations and reports. LOCAL LAW NO. 2003 October 21, 2003 Southold Town Board 45 A Local Law in Relation to Amending the Existing Affordable Housing District (AHD) Law to Create Permanent Affordable Housing BE IT ENACTED BY, The Town Board of the Town of Southold as follows: I. Legislative Intent- To create permanent affordable dwelling units and prioritize access to permanent housing for volunteer firefighters, EMT's and teachers who work in the school districts located within the Town of Southold. ARTICLE V, Affordable Housing (AHD) District [Added 7-1-1986 by L.L. No. 6-1986; amended 11- 16-1986 by L.L. No. 14-1986; 1-10-1989 by L.L. No. 1-1989EN] § 100-50. Purpose. The purpose of the Affordable Housing (AHD) District is to provide the opportunity within certain areas of the town for the development of high-density housing for families of moderate income. § 100-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: CONSUMER PRICE 1NDEX -- The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. DIRECTOR -- The Director of Community Development for the Town of Southold. MODERATE-INCOME FAMILY -- A family whose aggregate annual income, including the total of all current annual income of all family members [excluding the earnings of working family members under age twenty-one (21)] from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed the income specified by resolution of the Town Board. [Amended 3-23-1993 by L.L. No. 3-1993; 4-4- 1995 by L.L. No. 5-1995] MODERATE-INCOME FAMILY DWELLING UNIT -- A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 100-56E hereof. In no event shall the purchaser of said dwelling unit be responsible for the payment of any utility hookup fees, including those customarily charged for bringing same from the lot line to the dwelling house. [Amended 12-22-1992 by L.L. No. 34-1992] MODERATE-INCOME FAMILY UNIMPROVED LOT -- An unimproved lot reserved for sale to a moderate-income family and for which the maximum initial sales price, inclusive of the cost of providing public water and/or public sewer service to the lot, does not exceed the maximum sales price set forth in § 100-56E hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. [Amended 12- 22-1992 by L.L. No. 34-1992] PERMANENT FIXED IMPROVEMENT -- An improvement to a lot or a moderate-income family dwelling unit which cannot be removed without substantial damage to premises or total loss of value of said improvements. UTILITIES -- Electric, gas (if provided to the subdivision), telephone and water. Cablevision shall be provided without cost only to the lot line. [Added 12-22-1992 by L.L. No. 34-1992] § 100-52. Applicability. AHD Districts shall be established by application to the Town Board, pursuant to the procedures hereinafter specified, on parcels of land located within the following areas: A. Land within a one-half-mile radius of the post offices located in the Hamlets of Mattituck, Cutchogue, Peconic and Southold. October 21, 2003 Southold Town Board 46 B. Land within a one-fourth-mile radius of the post offices located in the Hamlets of East Marion and Orient. C. Land within one-fourth (1/4) mile of the boundaries of the incorporated Village of Greenport. D. Land in such other areas as shall be designated by Town Board resolution after a public hearing thereon, upon ten (10) days' notice thereof by publication in the official town newspapers. § 100-53. Use regulations. In the AHD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: A. Permitted uses. (1) One-family detached dwellings. (2) Two-family dwellings. (3) Multiple dwellings. B. Accessory uses. Accessory uses as set forth in and regulated by § 100-3 lC(l), (2), (3), (4), (6) and (7) of this chapter. 1) An Accessory Apartment for a one-family detached dwelling. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O7 Moved by Councilman Romanelli, seconded by Councilman Richter, it was RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of Nelsom Pope & Voorhis to conduct an evaluation pursuant to the State Environmental Quality Review Act (SEQRA) to address the environmental issues pertinent to the proposed "A Local Law in relation to Continuing Conditions for the Validity and Existence of a Building Permit and Issuance of a Certificate of Occupancy" at a cost of Five hundred ($500.00) dollars as per their proposal dated October 21, 2003. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O8 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in relation to Creation of a Rural Incentive District" to the Southold Town Planning Board and the Suffolk County Department of Planning, New York State Department of Agriculture and Markets, Southold Town Agricultural Advisory Committee, the Southold Town Land Preservation Department & Committee for their recommendations and reports. RURAL INCENTIVE DISTRICT Section 1. Amend Chapter 100 by creating a new Article XX as follows: Sec. 100-XX Purpose Farmland and the agricultural industry constitute one of the critical components of the Town of Southold's rural character. Farmland provides a cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies done by the Town October 21, 2003 Southold Town Board 47 as part of its comprehensive planning over the past 20 years have recognized this value and recommended strategies to preserve these resources. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, including the purchase of development rights, outright fee title purchase, and cluster development. The Town has joined with other governmental agencies at the Federal, State and County levels and with conservations groups to further its efforts. In addition, the Town has a 20year record of supporting preservation land purchase by making use of various long and short-term funding options to purchase interests in farmland, such as the voter- approved Community Preservation Fund (CPF) transfer tax through the year 2020, voter-approved bonds and grants. The CPF legislation, which authorizes the prioritization of land use preservation efforts, directs that farmland shall be given the highest priority. Despite these initiatives, the Town's rural character and quality of life remains at risk. The Town Board recognizes that preservation efforts must continue, indeed intensify, in accordance with the Town's comprehensive planning goals. Future funds must be leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that these efforts can best be accomplished through a number of legislative initiatives, including zoning changes and a Planned Development District ("PDD"), or floating zone classification. This PDD shall be known as the Rural Incentive District ("RID"), and shall be intended to encourage the maximum preservation of farmland while protecting operating farms against uncertainty that may be created through the implementation of land use regulations. It is also intended to provide the Town with time by which it can accumulate monies for the purchase of development rights from these lands. New York State Town Law section 261-b provides the framework and statutory authorization to accomplish these goals. If property is rezoned to the RID designation, the landowner and the Town shall enter into a minimum 1 O-year preservation easement, during which the land will remain as agricultural land as defined in Section 25-30 of the Code of the Town of Southold. During this time, the Town, as well as other governmental agencies and preservation organizations, can explore a number of preservation options with the landowner including purchase of development rights or outright acquisition. Procedures at the Town level are established for the negotiation process, as well as restrictions on use and development to the exclusion of the underlying zoning district. Certain incentives also are offered to provide a baseline of collateral certainty, as well as to encourage continued agricultural production as a principal use. 100-XX Definitions: The terms and words used in this Article shall be given the meaning and uses as defined in this Chapter, or if not defined, those generally attributable to them in other sections of this Chapter. 100-XX Classification A. The Rural Incentive District (RID) is established as a Planned Development District pursuant to Town Law section 261-b. B. The RID classification is a floating zone. Upon rezoning to the RID classification, all principal and accessory uses listed in the RID are permitted in the underlying zoning district(s). In each case, the restrictions, controls and incentives of the RID shall apply to the exclusion of the underlying zone classification. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as a RID. 100-XX Requirements for Consideration A. A parcel must be identified on the 2003 Suffolk County Tax Map and 1999 Farm and Farmland Inventory as such Farm Inventory may be amended from time to time. October 21, 2003 Southold Town Board 48 B. A parcel must be used for agricultural production, as defined in section 25-30 of the Code of the Town of Southold. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. Properties which fail to provide such a benefit shall not be eligible. 100-XX Zoning Approval The Town Board may rezone land which meets the Requirements for Consideration criteria of section 100-XX from that of the underlying zoning district to the RID classification upon written application of the landowner pursuant to the terms of this Article. 100-XX Application and Review Procedure A. Application. An applicant shall submit 2 copies of the following to the Southold Town Clerk: 1. Application form approved by the Town Board, including the name of the owner and/or applicant, description of the current use of the property and the disclosure affidavit. There shall be no fee for the filing of the application. The application shall provide the terms and conditions of a standard Preservation Easement which is subject to further terms and conditions as may be appropriate for a particular piece of property. 2. Deed(s) 3. Survey or map showing areas to be included within the proposed RID, and any improvements on the property. B. Referral. After receipt of a complete application, the Town Clerk shall put the petition on the agenda of the next regularly scheduled public meeting of the Town Board which shall refer the application immediately to the Planning Board, the Land Preservation Committee ,the Agricultural Advisory Committee, and the Suffolk County Planning Commission for review and recommendation. The Town Advisory Committees shall forward their report to the Town Planning Board within 30 days of their receipt of the petition. The Planning Board shall provide a report within 45 days of the date of the meeting at which the referral is received. The Planning Board report shall take into consideration and make express reference to the reports received from the Town Advisory Committees. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of its 45 day review period, whichever first occurs. The review period may be extended by mutual consent of the applicant, the Town Board and the Planning Board. C. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Comprehensive Implementation Strategy of August, 2003 which was adopted by the Town Board September 9, 2003 and the Findings Statement which was adopted by the Town Board on September 23, 2003 and supporting documents, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. If the Planning Board recommends disapproval, its report shall provide detailed reasons for the disapproval. D. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board shall hold a public hearing on the application, with the same notice prescribed for zoning amendments. E. Town Board Action. Within thirty (30) days of the closing date of the public hearing, the Town Board shall either approve or disapprove the rezoning. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the October 21, 2003 Southold Town Board 49 resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. F. SEQRA The Town Board shall follow the procedures set forth in the New York State Environmental Quality Review Act and shall consider in making its determination, the Town's Comprehensive Implementation Strategy and its analysis of the impacts of RID zoning 100-XX Conditions for Approval A. Easement: 1. Following a public hearing and approval of the rezoning pursuant to Chapter 100 of the Town Code and chapter 247 of the General Municipal Law, the landowner shall offer a Preservation Easement (the "Easement") to the Town. The rezoning to RID shall be subject to and contingent upon the landowner and the Town reaching agreement on all of the terms and conditions of the Easement within 45 days of the Town Board's affirmative vote to grant RID zoning on a subject property. In the event that such agreement is not met, and an Easement executed in recordable form, the rezoning to RID shall be null and void and of no legal effect on the property. The Town may accept such an Easement, which shall include the following: a. An agreement that the property will remain undeveloped, or in agricultural production as defined in section 25-30 of the Code of the Town of Southold for a minimum often (10) years, except as provided in Section 100-XX. The easement will be extended automatically from year to year at the end of the initial ten year term unless the landowner provides written notification of the landowner's intent to terminate the easement. Notice must received at least one year prior to the expiration of the initial easement term or any extension thereof. b. Restrictions regarding permitted principal and accessory uses on the property; c. Restrictions for the construction of principal and accessory structures on the property d. Preservation incentives, as defined in Section 100-XX of this Article; e. Termination procedures as set forth in Section 100-XX of this Article. 2. The easement shall be in a form acceptable to the Town Attorney's office and consistent with the Town's form of Preservation Easement used with the purchase of development rights program. 3. The easement shall be recorded in the Office of the Suffolk County Clerk and a certified copy of the recorded easement shall be filed with the Office of the Southold Town Clerk. B. Permitted Uses and Structures During the Easement Period Lands within the RID shall continue to be used pursuant to this Chapter. The Easement shall include a requirement that fallow farmland shall be mowed to prevent succession. Improvements to existing structures and the construction of new improvements are subject to the requirements of Article XX of this Chapter. C. Incentives: In consideration for lands remaining in the RID, the landowner will receive an incentive in the form of a density bonus to be applied at such time as the owner completes the sale and / or preservation conveyance of all development rights (including any affordable housing density incentive) on land in RID zoning to the Town or other such entity acceptable to the Town under the criteria, terms and conditions of the Town's Purchase of Development Rights Program. The density incentive shall be used solely for appraisal purposes in calculating the highest and best use of the property to encourage landowners to sell or do a preservation conveyance of their development rights to the Town or such other entity / designee acceptable to the Town. It is not a density bonus for October 21, 2003 Southold Town Board 50 any other purpose whatsoever. Within a property zoned RID, a landowner may reserve one building lot for an existing farmhouse, or, where no dwelling exists, for a single building lot based on the underlying zoning and still remain eligible for the incentive bonus. No development rights shall be purchased from such reserved portion. 1. Terms of Incentive a. Standard Incentive: The Town shall grant a landowner a twenty- five percent (without any credit whatsoever for any partial lot created therefrom) density bonus based on the underlying zoning or five (5) acre zoning whichever is the lesser density plus any affordable housing density incentive available at such time based on the entire parcel of land enrolled at the time the land is zoned to the RID designation. b. Early Enrollment Incentive for Qualified Owner-Occupied Farmland. As an additional incentive to encourage participation in and application for RID zoning, any land and landowner which meets the criteria for enrollment in RID zoning and which meets all of the following criteria shall be defined as a Qualified Owner-Operator of Farmland: (i) has been actively engaged in agricultural production as defined in section 25-30 for a period of no less than 1 (1) year prior to the effective date of this legislation; and (ii) said agricultural production has been by a landowner actively engaged in said agricultural production using said land as a location of his principal business on the subject farmland. A Qualified Owner-Occupant of Farmland shall be entitled to the following incentive to apply for RID zoning provided such qualifying landowner submits a complete RID zoning application to the Town Board within six months of the effective date of this local law: At the time such Qualified Owner-Occupant elects to sell or convey all of the development rights to the land within the RID, such owner may elect either of two appraisal computations: (1) The then current appraised value using the standard incentive defined herein above or (2) The appraised value of the RID land as of October, 2003 prior to the enactment of Local Law # without using the standard incentive set forth above. Negotiation During the Easement Period 1. At any time during the easement period, but in any event at least 6 months before the expiration of the easement period, The landowner or the Town may initiate the negotiation of the sale or preservation conveyance of the development rights to the land contained within the RID by giving written notice of the desire to enter into negotiation for such sale or transfer. All negotiations including all offers, and the acceptance or rejection of such offers shall be documented in writing signed by the Owner and the Town. 2. The Town must obtain an appraisal at its expense and make an offer to purchase the development rights offered for sale. The offer shall be based on an appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement. If an agreement is not reached within 30 days after the offer, or if the time is not extended by mutual consent of the parties, the landowner October 21, 2003 Southold Town Board 51 Section 2. may obtain a second appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement, at his expense, within 30 days and continue negotiations. This appraisal must be performed by a certified appraiser acceptable to the Town. 3. If a second appraisal is obtained by the landowner and the parties cannot negotiate an agreed price within 30 days of receipt of the second appraisal, the parties may obtain a third appraisal of the highest and best use of the property and taking into account any density incentives defined in the Easement, from a mutually agreed appraiser. The cost of this third appraisal shall be shared equally between the landowner and the Town. The Town may make a final bona fide offer within 30 days after receipt of the third appraisal. A "bona fide offer" shall be considered an offer which is at least equal to or greater than the lesser of the highest appraisal or five percent above the arithmetic mean of the three appraisals. The Town shall be provided a reasonable period of time in which to fund and complete the transaction. 4. If the parties fail to reach an agreement on terms, the property shall retain its RID designation until the easement term expires. However, the property owner may choose to terminate the easement agreement prior to the expiration of the easement term if the Town has not made a bona fide offer as defined in subsection (3) herein. Upon expiration or the earlier termination of the easement term the property shall revert to the underlying zoning in effect at such date. 5. In the event that a Qualified Owner-Occupant of farmland has elected to use the alternate appraisal method relying upon the 2003 appraisal approach, and, provided that the Town has not depleted all funds that could be available from the Community Preservation Funds or such other funds that the Town Board has dedicated for such farmland preservation, and the Town Board still does not make a final bona fide offer for the purchase of the Qualified Owner-Occupant's development rights, then, and in that event, the Qualified Owner-Occupant shall be entitled to exit the RID and the zoning of such person' s farmland would revert to the zoning in effect prior to the enactment of Local Law # __ The Town's refusal to make a final bona fide offer must be in writing and filed in with the Town Clerk. A complete application for development must be submitted within one year from the date the Town Board refused to make a bona fide final offer to the Qualified Owner- Occupant landowner. If the complete application is not submitted within such time, the property shall revert to the underlying zoning in effect at that time. Subdivision During the easement term, a landowner may apply to develop the property as a Conservation Subdivision. Such development plan must reduce the yield, based upon the underlying zoning, by at least 25 percent and must preserve at least eighty (80) percent of the property. Article 78 Procedure A person aggrieved by a decision of the Town Board may file an Article 78 proceeding. Such proceeding shall be commenced within 30 days of the filing of the decision of the Town Board with the office of the Town Clerk. Non-Severability October 21, 2003 Southold Town Board 52 If any clause, sentence, paragraph, section or part of this Local Law, now or as it may be amended, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall render this entire Local Law invalid and of no force and effect. Section 3. Effective Date This Article shall take effect upon filing with the Secretary of State pursuant to the Municipal Home Rule Law. COUNCILMAN MOORE: IfI can just make one comment, I mean, I don't have a real problem sending two laws off, just so you know, Tom, Lisa has been in the loop on starting with hers and then what I was working on, so she has commented on extensively but I have no problem with sending hers off as well. But just so you know, she has been involved with this quite heavily. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #7O9 Moved by Councilman Wickham, seconded by Councilman Richter, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Town Planner to conduct a planning review of the LIO zoning in the Town and make recommendations as to the continued use of the LIO Zoning and/or possible amendments to the rules and regulations governing the use and bulk schedule requirements of the LIO zoning district all to be completed within forty-five (45) days. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #710 Moved by Councilman Richter, seconded by Councilman Moore, WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements, and WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-122-4- 44.2 from Low Density Residential (R-80) District to Marine (M-l); and WHEREAS, a Public Hearing was held on this Local Law on the 21 st day of October, 2003 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. OF 2003 BE IT ENACTED, by the Town Board of the Town of Southold as follows: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-122-4- 44.2 from LOW DENSITY RESIDENTIAL (R-80) DISTRICT TO MARINE (M-l) Section 1. Legislative Intent. The Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements. Section 2. Enactment. The Town Board of the Town of Southold hereby changes the zoning district designation for SCTM# 1000-122-4- 44.2 from Low Density Residential (R-80) District to Marine (M-l). October 21, 2003 Southold Town Board 53 Section 3. The zoning map as adopted by Section 100-21 of the Town Code of the Town of $outhold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. This local law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #711 Moved by Councilman Moore, seconded by Justice Evans, WHEREAS the $outhold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements, and WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of $outhold by changing the Zoning District designation of SCTM# 1000-46-1-2.1 from Hamlet Density(HD) to Light Industrial Park/Planned Office Park (Lie); and WHEREAS, a Public Hearing was held on this Local Law on the 21 st day of October, 2003 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of $outhold hereby enacts the following Local Law: LOCAL LAW NO. OF 2003 BE IT ENACTED, by the Town Board of the Town of Southold as follows: "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SeUTHeLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-46-1-2.1 FROM HAMLET DENSITY(HD) TO LIGHT INDUSTRIAL PARK/PLANNED OFFICE PARK (Lie)" Section 1. Legislative Intent. The Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements. Section 2. Enactment. The Town Board of the Town of $outhold hereby changes the zoning district designation for SCTM# 1000-46-1-2.1 from Hamlet Density (HD) to Light Industrial Park/Planned Office Park (Lie). Section 3. The zoning map as adopted by Section 100-21 of the Town Code of the Town of $outhold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. This local law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Moore. This resolution was duly ADOPTED. #712 Moved by Councilman Romanelli, seconded by Councilman Wickham, WHEREAS the $outhold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements, and October 21, 2003 Southold Town Board 54 WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-115-9-5.1 from Light Industrial (LI) to Low Density Residential (R-40); and WHEREAS, a Public Hearing was held on this Local Law on the 21 st day of October, 2003 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. OF 2003 BE IT ENACTED, by the Town Board of the Town of Southold as follows: "A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-115-9-5.1 FROM LIGHT INDUSTRIAL (LI) TO LOW DENSITY RESIDENTIAL (R-40)" Section 1. Legislative Intent. The Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements. Section 2. Enactment. The Town Board of the Town of Southold hereby changes the zoning district designation for of SCTM# 1000-115-9-5.1 from Light Industrial (LI) to Low Density Residential (R-40). Section 3. The zoning map as adopted by Section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. This local law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Justice Evans, Supervisor Horton. Abstain: Councilman Moore. This resolution was duly ADOPTED. #713 Moved by Justice Evans, seconded by Councilman Richter, WHEREAS the Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements, and WHEREAS, the petitioner has requested to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-103-1- p/o 19.3 from Residential Office (RO) to Business (B); and WHEREAS, a Public Hearing was held on this Local Law on the 21 st day of October, 2003 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. OF 2003 BE IT ENACTED, by the Town Board of the Town of Southold as follows: A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-103-1- p/o 19.3 FROM RESIDENTIAL OFFICE (RO) TO BUSINESS (B) Section 1. Legislative Intent. The Southold Town Board intends to ratify a previous zone change to conform to the Town Code and other legal requirements. Section 2. Enactment. October 21, 2003 Southold Town Board 55 The Town Board of the Town of Southold hereby changes the zoning district designation for SCTM # 1000-103-1- p/o 19.3 from Residential Office (RO) to Business (B). Section 3. The zoning map as adopted by Section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the within change of zoning district designation for said parcel. Section 4. This local law shall take effect immediately upon filing with the Secretary of State. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #714 Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS it has been presented to the Town Board of the Town of Southold on the 23rd day of September, 2003, a Local Law entitled, "A Local Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Maior Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"; and WHEREAS, a Public Hearing was held on this Local Law on the 21 ST day of October, 2003 at which time all interested persons were given the opportunity to be heard thereon, now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law LOCAL LAW NO. 2003 A Local Law In Relation to a Ninety (90) Day Extension of the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unity(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE Moratorium Extension I. Legislative Intent A Town-wide moratorium was enacted by the Town Board of the Town of Southold on August 20, 2002. To date this moratorium has been extended twice, first by six months and most recently by 90 days. The current moratorium is set to expire in early November, 2003. The moratorium was intended to provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission and to comprehensively review Town planning issues such as affordable housing, completion of the Local Waterfront Revitalization Plan (LWRP) and understand needed public infrastructure including consideration of hamlet areas and transportation systems. The Town Board established a moratorium planning team consisting of the Town attorney, Town planner and land preservation coordinator, as well as two planning consultants and two legal consultants. The team was directed to review Town planning goals, past planning studies, and studies that assist the Town Board in achieving the goals of the Town. The moratorium planning team established a schedule of tasks which included past plan review, synthesis of planning recommendations, obtaining input from Committees and Boards, assessment of Town planning and zoning policies, and utilization of a Generic Environmental Impact Statement (GELS) procedure to inform the Board, involved agencies and the public of the Town's initiative. In addition, the GElS was intended to take a "hard look" at the implications and potential impacts of the comprehensive October 21, 2003 56 Southold Town Board implementation strategy, allow for review of mitigation and alternatives, and provide a procedure to allow a rational and logical implementation strategy to evolve from an organized process. The Town Board authorized the moratorium planning team to proceed with the task and schedule provided to the Town Board on October 8, 2002. The moratorium planning team met on a weekly or as-needed basis to advance the tasks and schedule as authorized by the Town Board. Prior to the last extension of the moratorium the team completed a number of important tasks, including: · review of past studies; · synthesis of past planning recommendations; · review of Town Code, policies and definitions; · preparation of Geographic Information System (GIS) resource maps in cooperation with Town data processing staff to document Town characteristics; · review of technical information and facts to be used in completing the GElS and planning initiative review; · initial review of Town affordable housing policies; · initial review of hamlet centers, transition zones and rural areas of the Town; · meetings and interviews with Town staff and department heads; · preparation of materials and updates of ongoing activities that were placed on the Town's website for public information purposes; · public informational meetings, Town Board updates and dialogue with the Town Board regarding policy considerations; · preparation of draft documents for Town Board implementation and conformance with State Environmental Quality Review Act (SEQRA) procedures; · preparation of a build-out analysis; · preparation of the Draft GELS; and · three public hearings on the Draft GELS. The Town Board recognized the need to comply with SEQRA, and understands the value of this process. The action was of Town-wide significance and was considered to be a Type I action which is more likely to require an environmental impact statement. As a result, the Town Board adopted a number of documents in conformance with SEQRA, including the following important steps: · classification of the action as a Type I action; · designation of the Town Board as lead agency; · preparation of an environmental assessment form; · issuance of a Positive Declaration; · receipt of a Draft Scope of the Draft GElS and setting of the public hearing; · acceptance of a Draft GELS; and · three public hearings on the Draft GELS. Prior to the last extension of the moratorium the Town Board adopted a final scope, completed and accepted the Draft GELS, scheduled and held public hearings on the Draft GElS on three separate dates. Recognizing the significance of the action, the need and desirability to comply with SEQRA through the use of a GElS process, and the subsequent need to determine the ultimate series of recommendations to be implemented, the Town Board sought to ensure that sufficient time was set aside to complete the SEQRA process, meet legal mandates and accommodate social needs. Due to public interests in the DGEIS document, the Town Board held three public hearings and kept the hearing process open until July 15th in order to facilitate greater public review and comment. Since the Town Board last voted to extend the moratorium: October 21, 2003 57 Southold Town Board a draft Final GEIS was submitted to the Town on August 29, 2003. The Town Board met to discuss this draft on September 4 and September 9, 2003. The text of the draft Final GElS was revised to reflect the Town Board input. A Final GElS and a Notice of Completion of the Final GElS was issued by the Town Board on September 9, 2003. The public review period on the FGEIS was expanded beyond the minimum 10 days required to the close of business on September 22, 2003. A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of September 23, 2003. - Since the adoption of the Findings Statement the Town Board has held a special Town Board meeting on both Wednesday, September 24, 2003 and Thursday, October 2, 2003 to discuss relevant issues and possible courses of action. Despite the extensive work taking place by the Town Board additional time is needed beyond the expiration of the ninety (90) day extension of moratorium enacted by the Town Board on July 29, 2003. As a result, the Town Board of the Town of $outhold seeks to extend the moratorium for an additional ninety (90) day period for the purpose of allowing the Town Board to discuss and determine how to implement the Comprehensive Implementation Strategy and permitting the Town Board time to implement those actions needed to address the issues covered by this moratorium. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effective date of this law. This law applies to subdivisions (whether major subdivisions or minor subdivisions) as defined in $outhold Town Code § A-106-13. The statutory and locally-enacted time periods for processing and making decisions on all aspects of subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) are suspended and stayed while this Local Law is in effect; 2) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing DWELLING UNIT(S), whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the $outhold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications containing dwelling unit(s) are suspended and stayed while this Local Law is in effect 3) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special use permit which application is also subject to Planning Board approval pursuant to the $outhold Town Code where the Planning Board is prohibited from reviewing, processing, holding hearings on and making decisions on because of the October 21, 2003 58 Southold Town Board provisions of this local law, whether said application was submitted prior to or after the effective date of this local law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling unit(s) within the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) subdivisions for which final plat or conditional final plat approval was granted by the Planning Board prior to the effective date of this local law; 2) setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106- 13; 3) Lot line applications; 4) new or pending applications for the subdivision of a parcel of property where interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the $outhold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy, prior to the effective date of this local law; 5) new or pending applications for the subdivision of a parcel of property where an executed contract (dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; 6) new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property (the fee or any lesser interest, development rights, easement, covenant, or other contractual right ) to a portion of that parcel(for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or rights to property are being sold or gifted encompasses at least seventy five percent (75%) of the entire parcel. The following areas are not to be included in the calculation of the 75% threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; 7) a site plan application for a two-family dwelling; 8) a site plan application for a bed-and-breakfast; 9) a site plan application for an accessory apartment(s); Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant October 21, 2003 Southold Town Board 59 to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority. In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon, hold hearings on, and make decisions concerning subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law suspends and stays the running of time periods for processing, acting upon, holding hearings on, making decisions and taking action on such subdivision applications (including, but not limited to, sketch plans, preliminary and final subdivision plats) provided for in those laws. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to supersede and amend any said inconsistent authority. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold hearings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXV! of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, reviewing, holding hearings on and making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of §Al 06-25 , § A106-27 and Articles II! and IV of Chapter Al06 of the Southold Town Code. c. All such applications shall, within five (5) days be referred to the Planning Board, which shall have thirty (30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public_hearing and make a final decision on the October 21, 2003 Southold Town Board 60 application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #715 Moved by Councilman Richter, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of a portion of the property owned by Mary Grace Dougherty and Others (the property is under contract to Forestbrook Builders, Inc. Forestbrook Builders, Inc., is the Purchaser and Assignor to J&C Holdings, LP) on the 21 st day of October 2003, pursuant to the provisions of Chapter 6 (Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-79-2-7 and is known as 5250 North Bayview Road. The property is located on the north side of North Bayview Road, approximately 226.76 feet west of the intersection of North Bayview Road and Jacobs Lane, in Southold; and WHEREAS, the proposed fee title acquisition is for approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel; and WHEREAS, the landowner has voluntarily linked the preservation/development components of the J&C Holdings application with a separate and distinct parcel owned by John Hurtado and Others (SCTM# 1000-79-5-20.15); and WHEREAS, the proposal includes the Town purchasing the 25.75 acres of the J&C Holdings parcel for open space purposes, and the Town purchasing the entire parcel (approximately 16.04 acres) known as John Hurtado and Others for open space purposes. A six (6) lot residential major subdivision is proposed on the remaining, approximately 12 acres of the parcel known as J&C Holdings; and WHEREAS, on October 7, 2003, the Town Board granted a waiver from the provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003 and Local Law 13 of 2003) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" and granted the landowner permission to continue with the major subdivision application before the Planning Board, subject to the condition that the terms and conditions set forth in the application to the Town Board, specifically that the applicant enter into a contract of sale with the Town of $outhold to preserve 100% of the parcel known as SCTM# 1000-79- 5-20.15 and 68.2% of the parcel known as SCTM# 1000-79-2-7; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes; and WHEREAS, the proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes; and October 21, 2003 Southold Town Board 61 WHEREAS, the purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre and the exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the provisions of Chapter 6; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for open space and recreational (trail) purposes; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase approximately 25.75 acres (subiect to survey) of the approximately 37.75 acre parcel identified as SCTM# 1000- 79-2-7 at the purchase price of $38~000 (thirty-eight thousand dollars) per acre~ pursuant to the provisions of Chapters 6 and 59 of the Code of the Town of Southold. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #716 Moved by Justice Evans, seconded by Councilman Wickham, WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of a portion of the property owned by John. L. Hurtado, Sr. and John L. Hurtado, Jr, on the 21 st day of October 2003, pursuant to the provisions of Chapter 6 (Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM# 1000-79-5-20.15, and is located on the north side of North Bayview Road, approximately 598.12' east of the intersection of North Bayview Road and Reydon Drive, in Southold; and WHEREAS, the proposed fee title acquisition is for the entire, approximately 16.04 acre (subject to survey) parcel; and WHEREAS, the landowner has voluntarily linked the preservation component of the application with a separate and distinct parcel owned by J&C Holdings (SCTM# 1000-79-2-7); and WHEREAS, the proposal includes the Town purchasing the entire, 16.04 acre parcel known as the Hurtado parcel for open space purposes, and the Town purchasing 25.75 acres of the 37.75 acre parcel known as J&C Holdings (SCTM# 1000-79-2-7) for open space purposes. A six (6) lot residential major subdivision is proposed on the remaining, approximately 12 acres of the J&C Holdings parcel; and WHEREAS, on October 7, 2003, the Town Board granted a waiver from the provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003 and Local Law 13 of 2003) entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" and granted the landowner permission to continue with the major subdivision application before the Planning Board, subject to the condition that the terms and conditions set forth in the application to the Town Board, specifically that the applicant enter into a contract of sale with the Town of Southold to preserve 100% of the parcel known as SCTM# 1000-79- 5-20.15 and 68.2% of the parcel known as SCTM# 1000-79-2-7; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes; and October 21, 2003 Southold Town Board 62 WHEREAS, the proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes; and WHEREAS, the purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre and the exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee; and WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the provisions of Chapter 6; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for open space and recreational (trail) purposes; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the entire~ approximately 16.04 acres (subiect to survey) parcel identified as SCTM# 1000-79-5-20.15 at the purchase price of $38~000 (thirty-eight thousand dollars) per acre~ pursuant to the provisions of Chapters 6 and 59 of the Code of the Town of Southold. Vote of the Town Board: Aye: Councilman Wickham, Councilman Richter, Councilman Romanelli, Councilman Moore, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: That concludes the voting on our resolutions. At this point, I offer the floor to the public to address the Town Board on town related business. Mrs. Egan. MS. EGAN: Good evening, again, everybody, I am glad everybody hung around. The first thing that I would like to say is I think it is disgraceful the way you talk about each other and the way you treat each other. I think there was a lot of politicking going on here tonight, rather than Town Hall business and I think there was some grandstanding for family. Now, we have an election in what? Two weeks? Approximately, ballpark? SUPERVISOR HORTON: If you are here to discuss town business, we will discuss town business. MS. EGAN: Of course, I think the election is Town Hall business. I would like to say first all of you haven't lived up to anything from 2000. Okay? I hear nothing that I can accept your records and what I have heard up here that I can positively vote on. Now, there has been nothing, Mr. Romanelli, there has been no noise control. This is an important issue and I don't want to hear that the Police can control it, you don't have enough Police to do it. This was on your agenda and you did not do it. Again, Mr. Horton, I didn't get it to you but I will on riparian rights. Mr. Yakaboski should have done that for you and again, I say it is not just for my property, it is for anybody who lives on Long Island. Okay, I would also wonder if the, I had asked you time and time again, Mr. Horton, if Mr. Yakaboski ever answered the letter that I sent to you. And did he? SUPERVISOR HORTON: No. MRS. EGAN: No. SUPERVISOR HORTON: But do not blame Mr. Yakaboski. MRS. EGAN: Excuse me. It was a very important letter as to who repairs the roads and who doesn't repair the roads. Whether curbing is important, whether the curbing is something that has to be done October 21, 2003 63 Southold Town Board by the owner of the property or the Town, who does it? These issues, I have been asking Mr. Yakaboski to do this for over two years. I don't see Mr. Yakaboski doing anything. Oh, and remember to change your clocks this weekend, you will get an extra hour of sleep, it looks like you all need it. SUPERVISOR HORTON: Okay, Mrs. Egan. MRS. EGAN: I am not finished. Now, again, on these vehicles. These Ford vehicles. Ford has statistically, on television, the worst record for cars and car repairs. ! do not understand why we keep purchasing them. Somebody is asleep at the throttle and ! hope that it is not me because ! don't want to have a DWI if ! hit somebody. But our Police cars are in trouble and there are too many repairs, so ! would strongly suggest, as ! have for the last two or three years, did you find out why we keep using Ford cars when they are in a very, very bad shape. Now, this is another thing that is extremely important and that is the problem, ! spoke with Mr. Harris today and ! spoke with your Code Enforcer. Both of them are passing the buck. You have a problem down there by Peconic Landing. Now, ! will have to get Police Lieutenant or our Police Chief to get after the DOT, which ! for the most part call the Department of Trash ..... SUPERVISOR HORTON: Mrs. Egan, please. MRS. EGAN: ..... because if they don't do anything they do .... this is important, we have had too many accidents down there, Josh, too many accidents by Manhasset Avenue. Peconic Landing used cheap, cheap tar for their entrance and it is already sort of melting and there is dirt and water getting there which cause many accidents and then the pole has to be done also. Now, as far as Mr. Forrester is concerned ! have a problem and he passed the buck, just like he always does. ! asked him to come down to do something, to review something about the run-off water from my neighbors property who had elevated and he said, 'you have to get Suffolk Health' and ! said, 'you come down first, Mr. Code Enforcer. That is what you get paid for.' Thank you very much. SUPERVISOR HORTON: Thank you, Mrs. Egan. Mrs. Martin. AMY MARTIN: Supervisor Horton, Justice Evans, Councilman Moore, Councilman Romanelli, Councilman Richter, Councilman Wickham, my records show that on November 7, 2001, ! attended my first Southold Town Tree Committee meeting as a newly appointed member. ! have since been re- appointed for a term to expire along with the rest of the Committee members terms on December 31, 2004. ! asked to serve on the Tree Committee after being incensed with the lack of interest and or control shown by the previous Supervisor and Town Board during a local massacre of street trees along Route 48. ! had called Town Hall during the first two days of destruction hoping it would be curtailed, to find out much later that my messages along with several others from the community were just passed along to the Tree Committee, not acted on by the Supervisor, as ! had hoped. The devastation continued. When ! became a member of this Committee, ! met a group of extremely dedicated volunteers, some of whom put in countless hours responding to community complaints that are passed along by the Supervisor and the Highway Department, making site visits and follow-ups, planning and planting new trees under the auspices of the Memorial Tree program and providing schools within Southold Town with seedling trees and presentations for Arbor Days. All of this is achieved at a very minimal budget by people who have lives and full-time jobs and put them on hold to perform these tasks. While these things are all important as part of our duties, we have been given a October 21, 2003 64 Southold Town Board greater mission, the Southold Town Tree Committee was commissioned on September 24, 1987 with the resolution empowering it as follows: 'Members are hereby charged with the responsibility of drafting a tree ordinance, under which ordinance it shall be a Committee responsibility to study, investigate, counsel, and develop and or update annually and administer the written plan for care, preservation, pruning, planting, re-planting, removal or disposition of trees or shrubs in parks along streets, and other public areas. The members of the Tree Committee shall serve without compensation." When I joined the Committee, I was asked to work on a sub-committee that was researching and revising a draft of a previously presented Tree Code that had been rejected. We worked hard and long researching and reading all the Tree Codes we could get our eyes on, on the internet and through contacts we had with people who had fought the same battle in other places and won. We don't need an environmental study to see what is happening. We can photograph clear- cutting on single lots monthly, while our street trees still get decimated regularly by line crews. We have met with you, presented our findings, revised our code drafts, to have something, however slight, become a tree code you could get up the courage to pass. We have been lied to, ignored, and told our agenda was not as important as something else that just came up. I have learned first hand during the past two years why the trees are among so many other important things at risk in Southold Town. They are not on your agenda. They are taken for granted and can't be. Trees are vital to our existence on this earth and to the quality of our life here in this Town. For 26 years, other issues have been more important than protecting your trees, our trees. It is not going to become important to any of you in my lifetime; you just don't get it. I quit. SUPERVISOR HORTON: Would anybody else care to address the Town Board? Yes, ma'am. CAROL PETERS: Yes, I did not wish to come up to the microphone but I am here. I am not prepared because our main spokesman had to leave to pick up his daughter. ! am here to represent the bowling community of our Town. There are many of us who bowl, ! passed a petition around and we have between 500-600 signatures on our petition, all from people who do bowl, some do not but wish to see a bowling alley remain here. The bowling takes people from all across the community, the handicap it serves, the elderly it serves, it serves the general family, it serves our schools. It is the only form of recreation we really have in the wintertime. ! implore the Board to really consider this and to think about a bowling alley in our Town. At this time, ! would like to ask Mr. Siegmann to speak because he has two factions of this that he would like to speak. ED SIEGMANN: My name is Ed Siegmann, I am from Mattituck. On Saturday mornings, I work with the handicapped down at the bowling alley, to help with their bowling. And I also used to bowl with the seniors until I couldn't bowl with them anymore but they are an organization that hasn't run away from the bowling alley down there, the way that some of the clubs did. The handicapped stayed down there, even though some people were leaving and it became impossible for the gentleman who was running the bowling down there to stay in business. Because for a long time, the only thing that was keeping him in business was his bar trade and not the bowling trade. There is an opportunity to keep a bowling alley here in Town. There is someone who is willing to build one and I understand he would be able to get the bowling equipment that he needs to set up the alley. But there is a problem, if when they are ready to get their piece of property and I understand they have a piece of property they can get in order to build this bowling alley. But if a lot of hamstringing is done, a lot of things are put in their way for getting the permits and whatever they need in order to build that alley, by the time it would get built, the bowlers would all be someplace else and at that point, it would be hard to bring them back October 21, 2003 65 Southold Town Board here to bowl again. So since that opportunity is presented to you, that a bowling alley could be built here and ! understand the piece of property that they are after, there is no problem getting it, ! understand there can be arrangements made with the owner of passing the property on to them. So do us a favor, and you know you do an awful lot for the people who are not handicapped, all you have to do is take a look at Peconic Lane and you can see what is done for people that are not handicapped. So reach out and help the people that are handicapped and also help the seniors because there are many seniors that cannot drive over to Westhampton and places like that in order to bowl. So do what you can for them and make sure that they are not held up from doing what they want. Thank you. SUPERVISOR HORTON: Thank you, Mr. Siegmann. Mr. Siegmann, I think that you just brought very good news to all of us on the Board. ! don't know if you are referring to Mr. Buckley as the person who is interested in actually starting up another bowling facility, but that is who ! have been in contact with quite a bit. What ! will give you, from my standpoint and ! think the rest of the Board will certainly stand in concert together with this, is that if there is a piece of property that Mr. Buckley is, or an organization is able to purchase, that the Town will work very closely with that person or organization to ensure the proper treatment, if you will, through our planning process and we will also lend technical support to that end. So that is actually very good news and ! am glad that you brought that to us this evening. Thank you, Mr. Siegmann, indeed. Yes, Mr. Carlin. MR. CARLIN: Frank Carlin, Laurel. Watchdog of Southold Town. I will take it, nobody else wants it. You know, I have been the prospect of zoning and I don't want to get into that right now. I lived out here for 50 years and we never even had any zoning at all when I first came out here. And we went to two acres, and we survived. Stay the two acres, let the farmers alone, let's go on with something else. It is getting to be, in my opinion, sickening. That is all you hear, five acre zoning. It seems to be nothing else in this Town. Okay, now, what Mrs. Egan said before about nothing was accomplished, she was absolutely right. The only thing that I can see that was accomplished was a tennis court and making a final decision on the Church Lane people, which was way overdue. Now, let me give you some examples of what I think you should have been doing also, not just concentrating on five acre zoning. Because, like I said to this Board, like I said to Jean Cochran's Board, and the Tom Wickham Board, a Town Board must work to reach a happy medium in the Town. A piece of pie for everybody. Affordable housing. What have you done for affordable housing? You are only talking about it. Riverhead is already breaking ground on 13 units. And you are still worrying about five acre zoning. What are you doing about affordable housing? The longer you wait, the higher the price goes to build it. Number 2 and I am going to use Riverhead for an example here but not to say that they are a role model. I don't agree with Route 58, it is overdeveloped. Especially now with Target there, where they put the light up there, traffic is out of this world. The other, last week on a Sunday, a couple of Sunday's already, traffic was almost backed up to my house in Laurel. But I do want to use a couple of them, these issues as an example, compared to $outhold Town Board. Senior citizens building, they built a brand new one, just finished it. No problem. We probably need repairs on ours. SUPERVISOR HORTON: Our Human Resource Center has just been renovated and is in outstanding shape and the programs have grown substantially and that .... MR. CARL1N: Yeah, I know. Whitaker house. Bought that house four years ago for $170,000. You want to sell it now for $200,000. That has been beaten to death for four years. You want to sell it for $200,000 and you know darn well that it is going to cost $500,000 to put it to shape. North Fork Bank October 21, 2003 66 Southold Town Board building, I spoke to the Board four years already about hiring some of that space over there. They kept looking at me and looking at me, they finally decided after four years. Riverhead, just this winter got a $20,000 grant from the State for people who want fire detectors installed in their homes. Why can't we do it in Southold Town? If they can do it, why can't we do it? Southampton, just got a grant from LIPA a while back, for 67 street lights. Here is it right here. Why can't we do it? Why can't we get these grants? Don't we know how to go about it? Look what Kapell gets in Greenport. Gets his Front Street done all over, as far as that State highway goes, that Route 25, it stinks from Laurel bridge to the Greenport line. The road is pathetic, for the amount of traffic that rolls over here. Now, you are going to tell me that you can't do nothing about it, well, maybe you can't because it is State but .... SUPERVISOR HORTON: That project is scheduled to start, I believe this spring. MK CARL1N: When? SUPERVISOR HORTON: I believe this spring, if I am not mistaken. MR. CARLIN: Well, I heard that two years ago. SUPERVISOR HORTON: They started a portion of the major drainage project, actually by the Lutheran Church. MR. CARL1N: Are they going to resurface the whole highway? SUPERVISOR HORTON: They are going to do, I believe, from Cutchogue to Greenport. MR. CARLIN: Well, how about from Cutchogue back to Laurel? That is in bad shape, too. SUPERVISOR HORTON: Okay. MR. CARL1N: Again, Riverhead got theirs all the way from Tanger all the way to Grumman facility, all re-blacktopped. We can't seem to get nothing done in this Town, I don't know why. We can't seem to reach the right combinations. I will be honest with you, I don't beat around the bush. Awful. Last but not least, one of the most important issues, is the Animal Shelter. It is pathetic. Really pathetic, what is going on here. I stood before five Supervisor's, five different Town Board's, since 1986 and not one of them yet has been able to build a new Animal Shelter. Awful. Disgusting. There is Mr. Raynor, who donated $250,000 over 2 lA years ago and nothing is being done. I came to this Board in January to require progress of the Shelter. Bill told me, well, we will have something in June, and that time it was $1.25 million price. Okay? I came in the summer, oh, we are going to have something in September and then it was $1.3 million. Jamie Richter comes along, the Town Engineer says, we should have something done, maybe break ground in the spring of 2004. Okay. Bill Moore contacted again said maybe in September we will do something. You are bouncing all around the place, you are showing me nothing, you are standing up there, you make a lot of talk but no action. And what bothers me, too, was about a month ago it was, you had a resolution here and you passed this resolution for a proposal for a $4 million bond issue for open space but you tabled about the bond issue about the Animal Shelter. Now, why don't you get on that public hearing and have a public hearing and get that bond issue put out of the way? Not wait until the last minute. What are you waiting for? October 21, 2003 67 Southold Town Board Somebody told me, well, they will probably wait until after election, that should have nothing to do with it. It is pathetic, what you people are doing with these animals and you can sit there, Bill, you can look at me, whatever you want to do. But this is pathetic how this Animal Shelter is being built. And then you come along and tell me, now it is $2.3 million, the more you wait, the more it is going to cost. And then you come along and say, well, we are not sure of the engineering or the architects that they are really familiar with this Animal Shelter, that we have to do more study. You are grasping all over the place, I don't buy it, it is pathetic for these animals, you are beating it to death, you ought to be ashamed of yourself. I tell you one thing, if I was in charge of this Animal Shelter, I guarantee it would have been built by now. Now, if you want something to say, rebut. SUPERVISOR HORTON: Thank you, Mr. Carlin. MR. CARLIN: Nothing to say? You ought to be ashamed of yourself. So don't keep telling me, putting it off, putting it off and putting it off. Because the longer you wait, the more it is going to cost. And another thing is, you are going to build a $2.3 million Animal Shelter, why hide it behind the Police Station, I am sure there are other places we can find to put it. And I am very surprised, also, that there is over 633 members in the North Fork Animal Welfare League and only some of my group and myself come up h ere and follow this thing through. And another thing is, give us a report on the Foundation, how much money it is collecting. Is it collecting any money? You don't tell us nothing. You like threw it out the window. How can you live with yourselves? Five Supervisors, five Boards and nobody has done anything about it yet. Oh, Riverhead, they are thinking about building a $2 million one and I wouldn't be a bit surprised if theirs was built before we build ours. SUPERVISOR HORTON: Thank you, Mr. Carlin. Yes, Ms. Tole. KATHY TOLE: Kathy Tole from Greenport. I have been increasingly involved with following Town business and attending meetings over the past 6 or 8 years, the last year very active with both the zoning issue and certainly the Church Lane issue. And yet, especially today, I was reminded that I am interested in no issue more important than the one issue I am about to address. I attended today's work session for the sole purpose of hearing the facts that led the Ethics Committee to promulgate their opinion against Pat Moore, to hear the facts. I was deeply disappointed. Not only was their no evidence, there were threats against a Town Board member and an attempt to reveal unsubstantiated allegations and violations of the law and this was done on the part of the Ethics Committee. I have several questions, since I did not receive any information today. I have several questions that I wish to have addressed this evening. 1. Why would two elected officials, Tom and Josh, why would your testimony be cloaked in secrecy, while a private citizens testimony is public? 2. I was hoping to hear this today, what new evidence caused the same allegation that was examined twice, to be re-opened by the Ethics Committee? 3. One piece of information that I received today is that their interviews were completed in February and I would like to know why it took to the height of the primary season for them to release their opinion? When I am done, I would like to hear some answers to that. The level to which this issue has come to rest is an absolute disgrace. Two people, one at the end of his public career and the other the wife, his wife, and a successful attorney have been held to public scorn without a shred of evidence of wrongdoing. This has become a shame to the Town in my opinion and many other people's opinion and it is discouraging to anyone seeking public service in this Town. It reeks of dirty politics as seen in governments to the West and quite honestly I expect much better from the Town of Southold. During last Thursday's debate at Peconic Landing, Supervisor Horton dropped a October 21, 2003 68 Southold Town Board bombshell in his closing statement. He mentioned, Josh, you mentioned almost casually, corruption in Town Hall. There is no mistaking the word corruption, nor its seriousness. It clearly relates to unlawful, criminal conduct on the part of public servants or public employees. Josh, I want to know if you have knowledge of corruption within Town Hall and if you do, has it been reported to the Suffolk County District Attorney's Office Public Integrity Unit? SUPERVISOR HORTON: I testified before the Ethics Board. MS. TOLE: I am talking about .... SUPERVISOR HORTON: I testified before the Ethics Board under oath. The Ethics Board in Executive Session, the decision that the Ethics Board made. And what I testified to, was the truth. MS. TOLE: You used the term last Thursday in your closing remarks, corruption. You did not say ethics, you used the word corruption. That is clear. There is a big, vast difference. That is not a casual word. I want to know if there is corruption, and if it has to your knowledge, and if that corruption has been reported to law enforcement agencies, specifically, the Public Integrity Unit? SUPERVISOR HORTON: I spoke to the Ethics Board and whether or not the Ethics Board used my testimony, I do not know. That is my answer to you, Kathy. MS. TOLE: So you will not answer my question directly? SUPERVISOR HORTON: I have not spoken with the Suffolk County DA. MS. TOLE: Okay. Well, I have to tell you, that if you did not and you used that word corruption, that your comments had all of the earmarks of disgraceful politicking, careless, last minute allegations. I can only guess that it had the intent to somehow cast doubt, there is some unwarranted suspicion to some unknown opponent. Considering the venue and the statement that you made. We all have a right to know the facts, I think we have a right to know them tonight. This is the last chance before an election. I think this sort of campaigning is wrong. I think an apology is in order. I don't think you did that carelessly. You were reading from notes. I think you did it wrongly. I would like you to, somebody, anybody, to answer the three questions that I asked earlier in my statement. Why did you give confidential, cloaked testimony to a Board, that is constituted by you, they don't make the decisions solely. SUPERVISOR HORTON: I was happy to meet with the Ethics Board in open session. The Ethics Board decided it should be in Executive Session, and your question should be answered by the Ethics Board. MS. TOLE: Well, the Ethics Board could not speak today. The Ethics Board, I was kind of surprised at their first out of the box remarks, which were a threat to Mr. Romanelli. I also have to say that they only came to your Town Board meeting, your Town Board work session and as you know, the public cannot participate in that. You guys didn't ask the questions, you guys cut them the slack on it. Is there new, different evidence that brought this newly constituted Board to re-examine the issue that was examined twice? October 21, 2003 69 Southold Town Board SUPERVISOR HORTON: Again, I will say that I spoke in Executive Session under oath, and I testified to the truth. MS. TOLE: Did you present new evidence to this Board different than the prior two? SUPERVISOR HORTON: I don't know what was presented to the prior two Boards. MS. TOLE: No, than you presented to any prior Boards? SUPERVISOR HORTON: The prior Board, that is the only time that I testified before the Ethics Board. MS. TOLE: Did you find anything improper, when an investigation was completed in February, that the report doesn't come out, a very brief report, I might say from two retired justices, and I am not even sure of the other persons status. That it took till August for them to promulgate that? Do you find yourself uncomfortable at all in that delay? SUPERVISOR HORTON: To be honest with you, I didn't give it any mind, I didn't give it any thought, as to when it came out. It came out when it came out. And again, your question, again, I think would be one best answered by the Ethics Board. MS. TOLE: I can't seem to get an answer from the Ethics Board. You know, I am not going to pursue this any further, I just think that it is just horrible and it belies the oath that you spoke, that you gave to the League of Women Voters. At least they said that all the people that were campaigning agreed to clear, open, honest, forthright campaign. And I find that that did not meet that obligation. SUPERVISOR HORTON: Thank you. Mr. Penny. GEORGE PENNY: Yes, George Penny from Southold. Former Councilman for eight years and I would like to speak about ethics. Not once that I recall during my eight years, did we ever discuss any personnel in public. We always recused ourselves from the public and we went into a private forum and that is when the discussion stayed and unless a result was coming of this, there was not available information for anybody except a decision that was rendered, under the Public Information law. For some reason, about six weeks ago, I walked in here about 1 zOO in the afternoon and I walked in on what should have been an Executive Session. It was absolutely embarrassing. The person that was being discussed was sitting at the table, the Town Attorney was discussing the law and how it should be applied or not be applied, you had a Town Justice doing the same thing, questioning the integrity and the political background and everything else regarding two retired judges. One a Democrat, one a Republican. One a State Supreme Court judge, one our own Fred Tedeschi, retired, who did a fantastic job as a justice in the Village of Greenport. I worked with Fred Tedeschi back and I, I am not here as an advocate for him, I am here for an advocate for anybody who is going to get trashed publicly for doing their job that they volunteered for. I don't think it is right and I think that anybody that wasn't happy with the situation probably should have left the room and then you would have had a minority there, discussing a decision they did not like. Not since 1993, and I believe that was the year Bill Clinton came into office, maybe it was 1994, did people decide that if you don't like a decision that a October 21, 2003 70 Southold Town Board group makes or a person makes that you do whatever you can to discredit them. And that is what has been going on for the last six weeks. I don't condone it, I think it is irresponsible, and I think it is disgusting. It sets up a political forum, like you hear tonight, it sets it up and this is what the open meetings law was made to prevent. This is a small town and if you keep it up, you are not going to have anybody willing to serve on any of these Boards. If you are going to discuss every decision that they make publicly. This has got to stop. If in fact, and I heard this, I guess about a month ago, that Fred Tedeschi is a very good friend of Josh's mother, so there is no reason in the world that he should be qualified to render a decision and that Judge Thompson may have given a political contribution, so he is unqualified to make a decision, well, then how is Eileen Powers, who is an alternate Republican Committee person to the then Chairman of the Republican party in $outhold Town, how is she any less at fault? $o if you are going to talk about everybody, let's put all the cards on the table, fair and balanced, I watch the Fox News every night. I love it. Fair and balanced. Let's start with a level playing field, where everybody has the opportunity and for heavens sakes, let's keep it private. That is the way it was meant to be and let's get back to that now. And I really wish that everybody in this Town would just stop. I realize there is an election two weeks from now and everybody wants to make their points, but you can see where this is going. We are just trashing people in public, for politics and this is not what this is supposed to be about. And remember, a man can only have one master, that is what the Ethics law is about. $o I think we should investigate the background, if you are going to investigate the backgrounds, let's go after everybody. And sooner or later, you will find in Southold Town, that you are not going to have people to serve on these Boards. Thank you. SUPERVISOR HORTON: Thank you, George. Yes, Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. I do believe, as Ms. Tole has stated, that a considerable and unconscionable travesty of justice was performed today. Particularly because, what happened today was in complete violation of your very own Ethics Code. To say nothing of the fact, the innuendo, insinuation and allegation about a Town Board member and his family was also part of the mix. But before we go any further, since many of you, if not all of you, including Mr. Penny, despite his glorious years of public service, are not familiar with your current Ethics Code. Let me read to you, one of the reasons why in fact, the Ethics Code was established. And we basically set up an Ethics Code to provide the highest caliber of public administration for local governments and increase confidence in public officials. That this chapter i.e. your Ethics Code, is intended to facilitate consideration of potential problems before they arise, to minimize unwarranted suspicion and to enhance the accountability of government to the people. ! would certainly argue that there was no enhancement of accountability today. ! believe that on almost every turn today, the Ethics Code, as it is currently written, was violated. And if we take a look at the Code, in particular Chapters 10-5, that Mr., that Judge Thompson hung his hat on as did by extension did Judge Tedeschi and ! would also agree with Kathy, that ! think Judge Thompson was a bully, ! think his comments were baseless and tasteless, that they were unprovoked and he entered the room screaming at the top of his lungs, accusing John Romanelli of somehow calling into question his ethics because John was the author or the person who said that he had made a contribution to your campaign. ! just want to set the record straight that Dorothy Wolf and ! brought that up. John Romanelli was, in this particular case, an innocent bystander who was treated in an absolutely hideous way, a very unprofessional way, without provocation by Judge Thompson. Having said that, it seems that all of the people that looked at 10-5 missed the actual, integral point of that part of your legislation. And basically it was not an issue of who appears before what Board or whether people should appear before Boards or who elects October 21, 2003 71 Southold Town Board somebody or doesn't elect somebody to the Board, in 10-5 and let me read for you to increase your edification, 'if he or she knows, or has any reason to know may result in compensation for any of the following persons', the point of this point in your code, refers to not whether people appear before a Board, or whether people appoint other people to the Board, the point of the Ethics violation is whether somebody receives unjust or undue compensation as a result of being on a Board or as a result of having somebody appear before a Board. For whatever reasons, the compensation part, which is of course, a conflict of interest because all conflict of interest laws centers around financial compensation, that was completely lost by our illustrious Ethics Board. Let me further read on to various parts of how this law is to both be administered and accounted to by the Ethics Board because Mr. Penny, actually, is wrong. Based on your Ethics Code. The current Ethic Code indicates the following: 'elected and appointed officials may not necessarily have their names revealed by the Ethics Board, but their testimony is part of the written record and must be made public. Now, unfortunately today, we found out that Steve Jones, an elected official, and Josh Horton and Tom Wickham, maybe we shouldn't have found out that you were the people that testified, but the point is not whether you went into Executive Session or not, your very Code indicates that the public is allowed to hear and read and it must be published, not by FOIL but by access. Let me read from your Code just to sort of help you understand your very own Code a little bit more, okay, so this is 10-21, 'investigation procedures (and this applies to your Ethics Board, presumably somebody on the Board knows the Code or somebody on the Town Board does) the Ethics Board shall state in writing, the disposition of every sworn complaint (your very sworn complaint) it receives and in every investigation it conducts and shall set forth the reasons for the disposition. All such statements and all sworn complaints shall be indexed and maintained on file by the Board and shall be submitted to the Town Board for its consideration and action.' There is nothing within this Code that in any case indicates any notion of privilege. There is no Executive Session identified in the Code. There is nothing that protects you, Mr. Wickham, or John Blow from having his comments, perhaps not his name but his comments, revealed into the record. Let me also further read from your Code what your obligations are vis-h-vis public information, 'the Ethics Board shall state in writing the disposition of every request for opinion and every investigation it conducts and the reasons for its disposition. All such statements and written requests shall be kept on file.' There is very little wiggle room in here. I mean, it can be interpreted by one person one way or one person another way but the reality is, there is no protection for anybody that goes before the Board with allegations, whether they are improper, allegations of impropriety, allegations of corruption. So, in point of fact, I really feel very strongly that you really should answer us tonight, Josh and that there is no such thing as Executive Session, there is no protection under the Ethics Code that this Town has adopted, that you can hide behind. If in fact there are reasons why a man's good name and reputation should be slandered by you and no identification made as to the content of that, and now you are telling us 'oh, we said what we said, but we are protected from what it was', I am telling you right here and now, that your Code and the procedures, investigative or otherwise in this Code, prohibits that protection. That is the point of public information, that is the point of good, upstanding government. That is why many of us see why today was a heartbreaking day for justice in the Town of Southold. I believe, as do many people in this Town, in the principals of open government. Presumably, you have said on any number of occasions that you believe in those principals also. It is time to fish or cut bait. Either you make full restitution and apology to Councilman Moore for conducting a sloppy, hideously filled with allegations, procedure that took months and months or you step forward as your Code demands, and identify the areas in which you saw the corruption. There is no other way to interpret this. There is no Executive Session and Executive Session is not defined in the Ethic Code, the Ethics Board doesn't have the option for an October 21, 2003 72 Southold Town Board Executive Session and this is particularly true in your very Ethics Code vis-h-vis Town Officials and appointed Officials. We are not discussing whether somebody is going on maternity leave or somebody's personal life here, whether they have a drug dependency, blah de blah blah. We are discussing an issue that is germane to elected and appointed officials. And I feel very strongly, that you are obliged under this Code and under our law, to answer our questions. SUPERVISOR HORTON: Okay. Thank you. MS. NORDEN: Well, will you answer them? SUPERVISOR HORTON: Yes, first I will ask the Town Attorney. Is it true that the Ethics Board does not have any right to conduct discussions in Executive Session? MS. NORDEN: I am not saying that they don't have any right ..... SUPERVISOR HORTON: Excuse me, excuse me .... MS. NORDEN: But that wasn't what I said. SUPERVISOR HORTON: Excuse me, I am conferring with the Town Attorney. TOWN ATTORNEY YAKABOSKI: They do have the right to go into Executive Session. SUPERVISOR HORTON: They do have the right? And would I be in violation of any type of law if I spoke to my testimony or not spoke to my testimony? Because yes, ! do believe in open .... MS. NORDEN: Well, let me quote for the Town Attorney 10-23, 'public inspection of Ethics Boards records: #5. Advisory opinions (and ! presume you were advisory, you and Mr. Wickham, to the Ethics Board) provided that information identifying the person requesting the opinion is deleted from the copy made available for public inspection.' Now, ! am perfectly happy with having your name deleted, as ! am with having Mr. Jones' name and Mr. Wickhams' name. But according to this very Code, your testimony is public information. And there is no distinction in this Code between your advisory testimony in Executive Session and your advisory testimony before the Ethics Board. In point of fact, ! would argue that today ! testified before the Ethics Board and ! was not in any way apprised by the Board about whether in fact my testimony was open or closed. And in rumors, ! presume Mr. Cooper, so now we are saying that there is actually two standards here. There is a particular standard for elected and appointed officials, who will not have to reveal the substance of what they have to say, nor will they have to reveal their names but the poor public John Q. Public will have to both reveal his name and the substance of his complaint. So, ! think that that double standard is in no way acceptable and ! can't see how you, you can ask the Town Attorney, but how do you interpret what ! just read? SUPERVISOR HORTON: Well, what you just read was quite a bit, Melanie. October 21, 2003 73 Southold Town Board MS. NORDEN: 'Advisory opinions provided that information identifying the persons requesting the opinion is deleted from the copy made available in public inspection' This is indicating that I have every right ..... SUPERVISOR HORTON: You know what, Melanie ..... MS. NORDEN: .... to see the public .... SUPERVISOR HORTON: ... may I answer your question, please? MS. NORDEN: Alright. SUPERVISOR HORTON: I didn't conduct an investigation; the Ethics Board conducted an investigation. Whether anybody in the Town likes it or not, the Ethics Board conducted and the Ethics Board decided what their procedure was. MS. NORDEN: No, they don't have that option, Josh. SUPERVISOR HORTON: Excuse me, Melanie ..... MS. NORDEN: I am not saying that you conducted the investigation. opinion and the advisory opinion as a Town elected official indicates, public information. You provided the advisory that that advisory opinion is SUPERVISOR HORTON: ! am trying to answer you here. And whether or not the Ethics Board was correct in having an Executive Session is not for me to determine. It is not for me to determine. And ! will go into the, ! will go under the strict counsel of our Town Attorney as to whether or not ! should speak publicly as to what ! testified to. TOWN ATTORNEY YAKABOSKI: Three points. Number one, Executive Session and what Melanie was reading, I haven't looked at that recently ..... MS. NORDEN: The Town Code, the Ethics Code. TOWN ATTORNEY YAKABOSKI: I understand that but what she was reading about an investigation versus an Executive Session, two different things. So that, point one is that Executive Session normally people aren't disclosed, that is just the way that it is. As to the, ! have never worked with that Code, but as to what she is reading, taking it... ! haven't seen the contacts, ! don't remember it verbatim off the top of my head, is that the Board of Ethics if it was relying on testimony in rendering a decision, it sounds like they should have set forth their rationale and then again, ! will cover myself because ! haven't read that and ! am not going to go off the top of my head, so that is number two. The third thing, and this is not to push you either way, ! don't mean to give it to you publicly .... SUPERVISOR HORTON: This is fine. October 21, 2003 74 Southold Town Board TOWN ATTORNEY YAKABOSKI: .... is that, people always have the right to speak generally in the world. And you don't have to disclose necessarily what you, ! mean what .... MS. NORDEN: Well, ! wouldn't disagree with any of those points but ! would say .... SUPERVISOR HORTON: ! will say this, ! will say that the Town Board had the Ethics Board in, the Town Board has passed a resolution to disregard the Ethics Boards opinion, and ..... MS. NORDEN: The resolution was passed to disregard the Ethics Board opinion until such time as the Town Board was able to discuss it and to have the Ethics Board appear before them. This was not a permanent disregard otherwise it would have made virtually no sense to have the Ethics Board appear before the Town Board after the fact to talk about the decision it made that the Town had rendered useless. So the point in fact was, that the Town did not make that decision, that is incorrect information. The Town tabled the decision, the Town said that for now, until we fully investigate it, we are not going, we are asking other members and other Boards of the Town not to act on that decision. Ask Elizabeth Neville to get out the minutes. The minutes were very clear at that meeting. It was a temporary measure until such time as the Town Board was able to meet with the Ethics Board. So now that you have met with the Ethics Board, you have seen the outrageous of Judge Thompson, the rudeness, the baseless and tasteless behavior, and we have heard that they weren't able to say, where does it go from here, Josh? Is it just out in the universe someplace? SUPERVISOR HORTON: I guess, Melanie what you are trying .... MS. NORDEN: I mean, what is the decision going to be? Are we going to ever hear what the allegations were against Mr. Moore? SUPERVISOR HORTON: ! have honored Executive Session, not only for the Ethics Board, ! honored Executive Session for Mr. Moore to keep that out of the papers. Not only to protect him but also to protect .... MS. NORDEN: Oh, those are blatant allegations. To keep what out of the papers? Do you understand that by saying and implying this, you are implying that there is truth and fact to this allegations. What are you keeping out of the paper? The Executive Session that you are discussing and talking about is not something that is even covered procedurally in the Code. You are saying that you are keeping something out of the papers, means that you are saying by inference that there is something to put in the papers. SUPERVISOR HORTON: Melanie. MS. NORDEN: So what was kept out of the papers? SUPERVISOR HORTON: My testimony, apparently. MS. NORDEN: And what was the substance of your testimony that would have been so problematic to the reputation of Mr. Moore? October 21, 2003 75 Southold Town Board SUPERVISOR HORTON: You know what? The Town Board and the Ethics Board, Eileen Powers included, today, said that was Executive Session and ! should not speak to that Executive Session. ! very much willingly said at the Town Board, ! will tell you in Executive Session or in open session what ! testified to because ! have nothing to hide behind. MS. NORDEN: Good. Let's hear it now, then. SUPERVISOR HORTON: ! have nothing to hide behind, however, Eileen Powers said .... MS. NORDEN: Eileen Powers does not speak for the Ethics Board. SUPERVISOR HORTON: .... something to the effect of Article 6, is that correct? Article 6, which would be in violation of meeting laws. MS. NORDEN: Well, those meeting laws do not seem to be covered, the Executive Session provision that you were discussing in no way seems to be covered by this very Ethics Code. ! question whether this Board is even allowed, quote unquote, to have Executive Session. What is clear in the Code is that though your name doesn't have to be mentioned and though you do not have to be identified as an author of an advisory opinion, the substance of your advisory opinion needs to be revealed. And that is what the Code makes perfectly clear. SUPERVISOR HORTON: I did not give an advisory opinion, I testified under oath. MS. NORDEN: You are quibbling. It says advisory opinions, testified under oath. SUPERVISOR HORTON: Really. MS. NORDEN: What you gave was an advisory opinion as a Town Supervisor and that means that you are in a position to advise and that is what this Code means in terms of an advisory opinion. You gave an advisory opinion under oath. The Code makes it clear that your name need not be mentioned but that the substance of your opinion is public knowledge. The Code also makes it clear that the board of Ethics needs to provide a written dispensation on their decision, neither of which we have received, by the way. So can we ask the Board of Ethics to provide a written decision, can we ask them since they have deliberated for eight months? SUPERVISOR HORTON: You can ask them anything you want. MS. NORDEN: Well, ! would like to recommend that the Town Board ask the Board of Ethics for a written decision .... COUNCILMAN MOORE: Can I just weigh in here for a second, Melanie? The Ethics Board had a question before it back in November. ! wrote them a letter, ! told them my opinion of the question or how to respond to it. Somewhere, since then, it morphed into something else because what popped out in August had nothing to do with the question that ! knew was before them, and the question by the way was should a Councilperson vote on appointments to Zoning and Planning Boards when your spouse appears before those Boards? And ! vote a very long letter and said that it is no different than October 21, 2003 76 Southold Town Board the issue that was raised for Tom, and I even told Tom, by the way I am going to mention you in passing, do you vote when you have a land use issue that is going to affect you in your pocket personally? I happen to opine that letter that no, Tom, go right ahead and cast your vote. It doesn't have a direct financial impact on him, that was the end of it, as far as I knew. Nothing further had taken place. It morphs out of nothing. In August comes this decision, which doesn't deal with that question... MS. NORDEN: I understand that. COUNCILMAN MOORE: It pops out and attempts to address the conduct of a non-public employee i.e. my spouse. That was what raised the hackles of the Town Board, ! will speak for the Board, it certainly raised mine. ! said, wait a second, if you are going to take on my conduct, please go right ahead and do that, if there are allegations, take it in there and do it according to a process and a procedure but in this instance they came out with a decision to attempt to regulate my wife's conduct, never having afforded her the opportunity to 1. know that there was an allegation or some such thing that she had something wrong and the Code simply doesn't apply to her. MS. NORDEN: I certainly understand that. COUNCILMAN MOORE: So where we got off the track and down the road to a decision that led to them reaching out to her, ! don't really understand. MS. NORDEN: I actually agree. After you left the meeting today, I just want to say that Judge Tedeschi did raise these same allegations and these issues. The opinion that he attempted to read in no way addressed whether your wife should or should not appear before the Town Board, he went back to the initial notion of the allegations that we thought that we had buried some time ago. And which is one of the reasons I am bringing this up yet again. So because he went on record to say that he had proof positive of the very allegations that he was discussing, even though at that point even Judge Thompson mentioned to him, that in fact he was going off on a tangent that was not really what he should have addressed to begin with, nevertheless, he attempted to read them. I am saying that and I certainly appreciate what you are saying, he said I believe that we need an answer from the Town Board and I would like to see the Ethics Committee opinion in writing. And I would like to see the Town Board adhere to the very Ethics Code that is in place. Now, can you tell me what we are going to do now, what steps we will take to resolve this issue? SUPERVISOR HORTON: That is fine, I mean, I am comfortable saying what I testified to. I have nothing to hide behind and ! don't think Councilman Wickham should have anything to hide behind about what he testified to. And so here it is and ! am not going to discuss it any further, ! will say it and ! will tell you exactly what it was and it breaks my heart that this was said to me. It breaks my heart and ! know what ! know and this is what was told to me by the Suffolk County Water Authority, CEO Steve Jones said to me, in front of Councilman Wickham in a meeting, early on in my administration, that he would not come to Town Hall and meet with Mr. Moore in Executive Sessions or in any private meetings because in the past he felt that Mr. Moore had lobbied him for information on the Suffolk County Water Authority, and where their pipes were going. That is what ! knew, that is what ! was told, that is unfortunate and that is exactly what ! testified to before the Ethics Board. October 21, 2003 Southold Town Board 77 UNIDENTIFIED COMMENT FROM AUDIENCE: A year later? SUPERVISOR HORTON: No, in fact, ! mentioned it to the Ethics Board a year prior and that is what ! said and ! have got nothing to hide behind. And that is what ! will say on it. Yes, Mr. Tillman. No, h e was lobbying Mr., Tom Wickham, why don't you step forward? You don't have anything to hide behind, either. COUNCILMAN WICKHAM: What Josh said in my presence, what Steve Jones said to Josh in my presence is basically what you just heard and ! also corroborated to the Ethics Board when ! was asked, that that was what Steve Jones said. The accuracy of it, the veracity of it, the impact of it is, was really beyond me and ! simply ascertained, what is the word? Confirmed that that was what was said to us. The impact, ! have no idea, that is up to the Board. Getting to Melanie's question, it seems to me that if there is a question of letting the information become public, that is and if it is in the Code and it should be done that way, ! think that is something that we explain to the Ethics Board and see that they release all the testimony. Rather than for us to stand up here and try to recollect what we said so many months ago, rather than doing that the testimony must be written down somewhere and if it is appropriate that it should released to the public, ! think that we should see that that is done. SUPERVISOR HORTON: Mr. Tillman. ART TILLMAN: Art Tillman, Mattituck. ! wasn't here this afternoon, if Mr. Thompson was indeed emotional, ! think Melanie of all people can understand that this must be an emotional issue. MS. NORDEN: I don't really appreciate that, Art. SUPERVISOR HORTON: Mr. Tillman, you are to direct your comments to the Town Board on Town business. MR. TILLMAN: I apologize. MS. NORDEN: He is a public official. ! am addressing his public persona. ! have a right to sound off here as a member of the public. MR. TILLMAN: Well, ! think you had your turn. Can you cut her off?. SUPERVISOR HORTON: Please continue. MR. TILLMAN: ! have to assume that Judge Willie Thompson, Judge Tedeschi and the other attorney on the Ethics panel must have a working knowledge of Ethics Codes. A quick lesson here in political science. New York State has an Ethics Code, the Town of Southold Ethics Code should comply with New York States Ethics Code. ! don't know if it does or it doesn't but Willie Thompson knows whether it does. Now, ! have profound respect for Willie Thompson. Willie Thompson is a black man who fought in a segregated Army when his own people weren't even allowed to vote in large sections in this country. He took himself from poverty in New York City, worked himself up to the New York State Court of Appeals, was a New York State Senator, and by implication, dispersion is being cast on Willie Thompson's ethics. Willie Thompson is not the kind of man that is not going to be used for October 21, 2003 78 Southold Town Board petty local politics. Period, end of story. The charge has been made that Willie Thompson made a contribution to Josh Horton's campaign, well I also happen to know that Willie Thompson made a contribution to Brian Murphy's campaign and Pat Acampora's and I have contributed to Pat Acampora's campaign, too. So that is a non-issue, period, end of story. We give money to who we support and like. So, I feel very upset, I can't speak about the other two parties on the Ethics Board, but I would assume that they are ethical people and cannot be manipulated by petty, partisan politics. SUPERVISOR HORTON: Thank you, Mr. Tillman. Mr. Marschean. DICK MARSHCEAN: I have been here so long I forgot what I was going to talk about when I came to this Town Hall. I was going to talk about something technical, being an engineer, I was going to talk a little bit about some of the things were I talked to you folks back about three or four months ago with the power plant but I was also here this afternoon and the gentleman that just spoke, I know he may want to defend Judge Thompson, but I will back up what Melanie said here, this Judge took off like a bat out of hell before you even practically let the people sit down and started to use vituperative language towards Mr. Romanelli. That is what happened. Without any comment from any member of the Town Board, that were sitting there in Executive Session this morning. He just took off, right from the get-go. So, the gentleman that talked h ere before, if he wants to defend this person's integrity or what he did in the past, I am telling you right now in the present, what he did today. And it disturbed me very greatly and that is why I sort of departed what I was going to talk about technically. Mr. Horton, when you came to office two years ago, you started this conflict of interest. This was all over the newspapers and you talked about how you were going to get rid of the corruption in Town Hall, now you can talk to this and I am not talking about what you said before an Ethics Committee, this is what you said two years ago. Now, you have had two years to define this conflict of interest, you have gone through three Ethics Committees, right? You are on your third Ethics Committee? And you have talked about corruption of Town employees... SUPERVISOR HORTON: No, I have not. MR. MARSCHEAN: You talked about it when you first came to office. You asked for everybody's resignation. Even people who volunteered here, without any pecuniary recompense for their services here. You made the people in this Town, before you came into office or right after you came into office, you made them feel as if they committed some type of a crime. And I even spoke to you about this personally, when you were here less than six months and you know that. Now, if you have any charges against Town employees or you have any charges of conflict of interest, forgetting about testimony before any Ethics Board, you have an obligation to have put this on the table before the people, particularly now before this vote that we are going to have. Because now we have your integrity involved here. And if you don't realize that, you are on the line. And I have reached the point where I come to the rub of the nut, forgetting about what Judge Thompson and Judge Tedeschi and what chapter this or chapter that. The rub of the nut is; you have made those charges and you put them in the newspapers and you were quoted in the newspapers by the reporters that have written this. In fact, you were even quoted, if I remember correctly on the last decision that it was an abomination. You used the word abomination when you disagree with the other people. So, what I am asking you now, it is different from what Melanie asked, you don't have to worry about any Executive Session, if you found somebody had a conflict of interest; I want you to come out with it right now and tell us who it was and what the circumstances were. I will wait for your reply. October 21, 2003 Southold Town Board 79 SUPERVISOR HORTON: Thank you, Mr. Marschean. I am not going to respond to you at this point. MR. MARSCHEAN: Why not? SUPERVISOR HORTON: Because this has become a hostile environment that I don't think is productive. MR. MARSCHEAN: What do you mean, a hostile environment? I am waiting for you to give me an honest answer. I am a citizen of this Town and I am asking you to come out and tell me what is your conflict of interest? SUPERVISOR HORTON: I don't have a conflict of interest. MR. MARSCHEAN: Then you mean to tell me that you have a red herring going here for two years? SUPERVISOR HORTON: I don't have a conflict of interest. Yes, Mr. DiNizio. MR. MARSCHEAN: Wait a second, you can't recognize somebody else, I have the floor. Now, I am telling you, ! have the floor and if you have a conflict of interest, it is in the interests of the people of this Town that you come forward and state what it is. Let me tell you a story, just before you tell me the answer, this gentleman here, Mr. Moore, whom ! hardly even know, he happens to be a neighbor of mine and that probably makes me guilty because he is my neighbor, but the thing is, there was a man called Ray Donovan, who was the former Secretary of Labor in the Reagan administration, who was brought up on the very same charges or similar charges of conflict of interest and all kinds of things being the Labor Secretary, people that he probably came in contact with and they had all these hearings and everything on, he even resigned so that he wouldn't embarrass the President and after one of these hearings; his name was cleared and one of the Senators, ! can still remember this watching this on TV, one of the Senators asked Mr. Donovan would he have anything left to say? ! would like to know where ! can go to get back my good name. And this is what you have done to Mr. Moore for the last two years. Now, answer me, if you have a conflict of interest that has to be spelled out, spell it out now. SUPERVISOR HORTON: Thank you, Mr. Marschean. MR. MARSCHEAN: What is it? SUPERVISOR HORTON: ! am not responding to you. MR. MARSCHEAN: In other words, you had a red herring for two years ..... SUPERVISOR HORTON: Not at all, Mr. Marschean, ! am not responding to you, though. MR. MARSCHEAN: Why do you refuse to respond? SUPERVISOR HORTON: Because this conversation has grown hostile... October 21, 2003 80 Southold Town Board MR. MARSCHEAN: What do you mean, grown hostile? SUPERVISOR HORTON: .... and quite honestly, has grown quite political. MR. MARSCHEAN: Quite political? Wait a second, this happened today, this happened right here today, in your place today. SUPERVISOR HORTON: I feel Mr. Moore has a conflict of interest. I happen to agree with the Ethics Board, ! think that Mr. Moore, it was told to me by Steve Jones of the Suffolk County Water Authority that he had lobbied on behalf of his wife's clients for information that pertains to the Water Authority and ! think that is horrendous ..... MR. MARSCHEAN: Was that, you learned that when you first came into office? SUPERVISOR HORTON: When was that, Tom? That was early on, absolutely. COUNCILMAN WICKHAM: If we want to get the details of this, let's get the transcripts from the Ethics Board and let it all come out that way. Scrips and scraps from us at this stage .... SUPERVISOR HORTON: And to see the discussion that goes on and on now about abolishing the water map and after what ! know about, from what Mr. Jones has told me, that absolutely disgusts me. ! think that is horrendous. ! think it is a problem. MR. MARSCHEAN: Let's do this properly, I still have the floor. You are making a statement tonight and I hope the reporters here in this Town here are going to write this up, that you have refused to answer my question, as a plain, ordinary citizen. Without any regard to Ethics Board or anything else like this, that the conflict of interest that you started out with two years ago, almost to the day, and including the corruption of the employees of this Town, that you talked about, quoted in newspapers, you can get the newspapers and see your quotes in there, that you refused to identify any of this tonight. SUPERVISOR HORTON: That is correct. MR. MARSCHEAN: Okay. Thank you. SUPERVISOR HORTON: Thank you. Mr. DiNizio. JIM D1NIZIO: Jim DiNizio, Greenport. This is not Josh's issue. ! mean ! ran two times for Town Council and brought this issue up and ! have got to tell you, Bill Moore is a good man, and so is his wife. ! like them, both of them. Bill is the kind of man you can have an argument with, right, leave and still be friends and ! admire that. And his wife, for 16 years on the Zoning Board, has always come prepared, has always presented a good and equal argument and ! can say, 100% of the time, ! agreed with her. ! think these two people are honest people, ! think that what has happened here and the reason that it has gone on so long is upsetting and ! am going tell you why. Because this should October 21, 2003 81 Southold Town Board have never gone this far. Now about a month ago, I heard that my name was brought up here, comparing my situation with my wife who writes the gossip column for the Suffolk Times. SUPERVISOR HORTON: No, Tim does that. MR. DINIZIO: Is it information? I don't know but she likes to do it and she used to receive some money for it, she does work for the Suffolk Times and for a time, I worked for the Suffolk Times. I did their phone system for them, I installed it but, had anybody brought up the fact that my wife worked (tape change) ZBA, either my wife would not be there or I would not be there. Now, not because there is anything wrong with that. There isn't anything wrong with that, it is a small town. But because this is what could result, this is what is wrong with it. This is what Bill and Pat and Bill, by sticking next to his wife, have created. They haven't done anything wrong, I am sure they haven't done anything wrong, ethically. But our Ethics law does mention integrity, it mentions suspicion, well, is it suspicious if someone after a decision, and I don't believe this to be true, so please don't sue me; but if someone says 'well, they got that decision because Pat Moore was their lawyer' Well, where is the integrity in that decision and that is where we have gotten. Now, Bill did the right thing and he stuck up and he is probably right, I think he is right as far as our Ethics law applying to him and his wife. But he is wrong for letting it go so far. That is the way that I feel about it. He is wrong for putting the Town through trying to define something that can't be defined by stretching the limits of integrity. By allowing people to come, two weeks before an election and play games. It happened two years ago. It was just the dog pound people then, they did the same thing and it is happening now, we are wasting a lot of time on it, in all honesty. And we have wasted a lot of time on it. So, Bill and Pat, Bill, I wish you all the luck in the world, I have admired your work here for the Board and I know that you do everything that you can possibly do with the good intentions of the Town in mind but what you have done to make the laws of this Town or the decisions of some of the Boards of this Town come under suspicion, in my mind, is a travesty, is abominable and although it is not your fault, I mean, you stood by that, you stood by your wife, you stood by the fact that no, you are not unethical and I believe you are not to be unethical and I think it took a lot of guts to do what you did but this is going to bring me to another point and this is two weeks ago, you stood up and you said, this report is not any good, it doesn't mention blah, blah and I forgot what it was because I was way out there. And you know what, I agreed with you because I know when the Town you have got to dot your is and cross your t's because if you don't, you lose, it is as simple as that. And I believe you made a motion and I believe it passed to not accept that. I believe that is what happened or it got to that point. Anyway, everyone had their say and it turned out that Josh wasn't going to change his mind and I am not sure what Tom did or didn't do but I know that you three guys weren't going to change your mind, you made a decision and then suddenly, something happened. And what I think it was, was pandering. I think you looked out in the audience here and said, 'well, this isn't the right decision to make right now and I will just go ahead and make these people happy.' And the only one that stood up was Louisa Evans. She stood her ground. And now that I know, how many people it is going to take to intimidate you into voting something that you know is wrong, I will be sure to have that many people here the next time I need something. Thank you very much. SUPERVISOR HORTON: Thank you, Jim. Yes? MS. TOLE: Kathy Tole, Greenport. I want to make sure he didn't come back. I attempted to find George Penny but he says what he has to say and left and one of the things that he said is a clear October 21, 2003 82 Southold Town Board implication that I, Kathy Tole, who has been a Democrat since the time that I could vote at the age 18, is somehow advancing something because of partisan, ! guess, Republican position. ! want to make it very clear, ! am a Democrat, a life-long Democrat. It doesn't mean ! vote a Democratic line but ! am certainly not out pushing a Republican agenda. To clear up another point, the two people ! have had the least to do with, Justice Evans and Bill Moore. Probably had equal exchange with other members here. So ! am certainly here as a friend of Bill Moore or a friend of Pat Moore for that matter, ! am here on principal and on issue. The first thing that was said about what Steven Jones said, was that he believed he was being asked questions for this purpose. ! assume he felt he could read somebody's mind or he had more evidence, ! don't know. ! would expect John, you had some very strong things to say about water maps, ! would expect that you would have conversations with Steven Jones or LoGrande or their attorneys or whatever about the Water Authority. ! would imagine that most of the Board has had contact with these people. It has been a critical issue with this Town. John, ! doubt you did it to find out how many homes you could bring oil to, you know, that is just not it. We can't assume those sort of things, we have innuendo piled upon belief, piled upon other things. ! conducted investigations for six years of public employees, ! would have been transferred if ! came to the conclusion that this Board came to and my burden of proof was only 51% burden of proof, not beyond reasonable doubt. ! didn't have to go that far. ! only needed a 51% weight to indicate that somebody was responsible in some way, either administratively or criminally for their actions and ! could not have come to the conclusion based on the sort of things that were given to this Board. You apparently, two of you testified to hearsay, you said, 'yeah, this guy said this' not that Bill Moore said anything, not that Bill Moore did anything but that this man said that he did something. That is barely weight. ! can't understand anyone giving weight to that sort of testimony. ! wouldn't doubt that Steven Jones said what he said, the Board shouldn't either. They need to weigh a lot of other things and there weren't a lot of other things and there weren't a lot of other things here to weigh. Something else that is missing here, this Ethics Committee did not criticize Bill Moore, nor did it criticize the panels that Pat Moore went before. They criticized Pat Moore and they tried to strip her of her livelihood. That is certainly problematic and five people on this Board saw that it was a problem and only one didn't. ! am not sure, ! know ! can't be said to have political motives on this thing, ! know that, ! don't know that that can be said for everybody else. And again, ! didn't get up here and say anything against Tedeschi, Thompson or Powers, ! said what their actions were today that ! witnessed. And that in no way says anything except what they did. And ! just want to clear that up because ! felt that was an inappropriate charge aimed at me. Thank you. SUPERVISOR HORTON: Thank you, Kathy. Yes. MS. NORDEN: When you first talked about what you said to the Ethics Committed vis-h-vis Steve Jones, you mentioned that Mr. Jones had indicated that Bill Moore lobbied him for information. Which could mean any number of things. ! don't even know if the word 'lobby' was used by Mr. Jones or what was meant by the word 'lobby'. Then later on, as this discussion has progressed, you implied that in fact Bill Moore lobbied Mr. Jones for information that would be advantageous to Mrs. Moore's clients. ! don't know how Steve Jones would know, given the fact of attorney client privileges, just who in fact Mrs. Moore's clients were. And the very fact that you all sit together on a Town Board, you work together, year in and year out, day in and day out, that you would go running to an Ethics Board to produce hearsay information and let that hearsay information fester, Jim DiNizio mentioned politics, we have wanted a decision, ! have been asking for a decision from the Ethics Board on this matter for months. ! don't know how much different we could have worded it. I, we October 21, 2003 Southold Town Board 83 said months ago, where is a decision? This is not a last minute political scramble. I also, am a registered life-long Democrat. It is not for the last minute, the point is, we still don't have a decision. And I doubt if we are going to have a decision from the Board prior to the election. So that I could accuse this Board of actually sandbagging things for political purposes as well. In point of fact, this has been going on way too long. And I do not hold Bill Moore responsible for public perception. I do hold the Town Board responsible for looking at its Ethics Code, for understanding its legislative intent and for abiding by its investigative procedures and what is demanded under the Code in terms of public information. Only that. And I thank Mr. Wickham very much for indicating that he would like to see all this testimony made public, as is stipulated in the Code and I would like to prescribe and request a timetable for that. And I want that to be before the election. Just in case there is any question about in fact if entering into election politics. So let's do it, let's do it now, let's come before the next meeting of the Town Board and let's have a revelation to the information that is now been festering on the back burner for the last eight or nine months. It is not too much to ask, I think that information should be revealed, written transcripts could be provided and let me also say, and I think Betty Neville will probably back me up, that regardless of what Mr. Tillman says in terms of New York State, the only law that is really binding, the only Code that is really binding for this Board is your very own Town Code. And if you knew New York State Ethics Law, then you would know that your Town Code supersedes your State Code. So I am holding you, not to some lugubrious Town Code someplace, since we know New York City's Code is different, New York State's Code is different, you can read Magnuson's Law up and down the wazoo, bottom line, what applies to you guys is the very Code that you enacted. And what I am asking you is to respond to these requests by responding to the very Code that is on the books. SUPERVISOR HORTON: Thank you. Motion to adjourn. Mr. Tillman, if you are going to respond and get into a back and forth with.. ... MR. TILLMAN: No, I would just like to say that in the United States Constitution there is only two levels of government mentioned. The United States government and State government. There is no mention of County, City or any other kind of government. SUPERVISOR HORTON: Well, the State had the authority to create Town government, and it did. MR. TILLMAN: That is rig,ht. Therefore, all Town Codes etc. have to be in compliance with the State. SUPERVISOR HORTON: And Mrs. Norden was absolutely correct. Thank you. * * * * * * ~Q.~ -;li~a~~th A. ~eville Southold Town Board