HomeMy WebLinkAboutTB-04/11/2023 DENIS NONCARROW Town Hall, 53095 Main Road
TOWN CLERK ��q�OSUFFQC o��
PO Box 1179
ti Southold,NY 11971
REGISTRAR OF VITAL STATISTICS p r Fax(631)765-6145
MARRIAGE OFFICER �'�'4� yaQ� Telephone: 631-765-1800
RECORDS MANAGEMENT OFFICER southoldto wn.northfork.net
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
SOUTHOLD TOWN BOARD
SOUTHOLD TOWN BOARD
REGULAR MEETING
April 11, 2023
7:00 PM
A Regular Meeting of the Southold Town Board was held Tuesday, April 11, 2023 at the
Meeting Hall, Southold,NY.
Call to Order
7:00 PM Meeting called to order on April 11, 2023 at Meeting Hall, 53095 Route 25, Southold,
NY.
Attendee Name Organization Title Status Arrived
Sarah E. Nappa Town of Southold Councilwoman Remote
Greg Doroski Town of Southold Councilman Present
Brian O. Mealy Town of Southold Councilman Present
Jill Doherty Town of Southold Councilwoman Present
Louisa P. Evans Town of Southold Justice Remote
Scott A. Russell Town of Southold Supervisor Present
I. Reports
1. Town Clerk Reports
2. Zoning Board of Appeals Monthly Report
3. Planning Board Monthly Report
II. Public Notices
III. Communications
IV. Discussion
EXECUTIVE SESSION - Labor- Matter Involving the Employment of a Particular
Person
Page 1
April 11, 2023
Southold Town Board Board Meeting
1. OPEN SESSION- 9:20 AM- Linda Sweeney,Vice President of
Foundation/External
2. 10:00 Am-Assemblyman Thiele
3. Paul DeChance, Town Attorney
4. Paul DeChance, Town Attorney
5. Paul DeChance, Town Attorney
6. Review Town Affordable Housing Guidelines
7. Trustee Fees
8. EXECUTIVE SESSION- Potential Acquisition(S), Sale or Lease of Real Property
Where Publicity Would Substantially Affect the Value Thereof
9. EXECUTIVE SESSION- Labor- Matters Involving the Employment/Appointment
of a Particular Person(S)
10. EXECUTIVE SESSION- Matters that Would Impact Public Safety
11. EXECUTIVE SESSION- Potential Litigation
V. Resolutions
2023-334
CATEGORY. Audit
DEPARTMENT. Town Clerk
Approve Audit
RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated
April llth 2023.
✓Vote Record-Resolution RES-2023-334
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa Voter R ❑ ❑ ❑
❑ withdrawn Greg Doroski Mover R ❑ ❑ ❑
ElSupervisor's Appt Brian O.Mealy Voter R El ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Seconder 10 ❑ ❑ ❑
❑ Rescinded Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Town Clerk's Appt Scott A.Russell Voter 10 ❑ ❑ ❑
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
Page 2
April 11, 2023
Southold Town Board Board Meeting
2023-335
CATEGORY. Set Meeting
DEPARTMENT. Town Clerk
Set Next Town Board Meeting
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday,Aril 25th 2023 at the Southold Town Hall Southold New York at 4:30 P.M.
✓Vote Record-Resolution RES-2023-335
Q Adopted
❑ Adopted as Amended
❑ Defeated
Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Voter 0 ❑ ❑ ❑
❑ Supervisor's Appt Greg Doroski Mover 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑
❑ Rescinded Jill Doherty Voter EI ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter lZ ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter EI ❑ ❑ ❑
❑ No Action
❑ Lost
2023-301
Tabled 311412023 7:00 PM, 312812023 4:30 PM
CATEGORY. Enact Local Law
DEPARTMENT. Town Clerk
Enact LL COZ 1080 Carol Ave
WHEREAS, the Town Board of the Town of Southold on its own motion considered an
application to rezone part of the parcel located at 1080 Carroll Avenue, Peconic,New York and
known as SCTM 41000-75-01-6 (to be subdivided), consisting of the 5.0 acre southernmost
portion of said parcel as depicted on the attached plan, from Agricultural Conservation (A-C) to
Affordable Housing District (AHD); and
WHEREAS, a Local Law entitled"A Local Law to amend the Zoning Map of the Town of
Southold by Changing the Zoning Designation of the 5.0 acre parcel to be subdivided from the
parcel known as SCTM #1000-75-01-6, from Agricultural Conservation(A-C) to Affordable
Housing District(AHD)"has been presented to the Town Board of the Town of Southold for the
Page 3
April 11, 2023
Southold Town Board Board Meeting
purpose of effectuating said rezoning, and
WHEREAS the Town Board of the Town of Southold, on the Town Board's own motion has
considered a change of zone of a portion of the parcel known as SCTM #1000-75-01-6 from
Agricultural Conservation (A-C) to Affordable Housing District (AHD); and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed
Local Law entitled "A Local Law to amend the Zoning Map of the Town of Southold by
Changing the Zoning Designation of the 5.0 acre parcel to be subdivided from the parcel
known as SCTM#1000-75-01-6, from Agricultural Conservation (A-C) to Affordable
Housinu District (AHD)".
✓Vote Record-Resolution RES-2023-301
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Mover Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑
Jill Doherty Voter Q El El
❑ Rescinded _
❑ Town Clerk's Appt Louisa P.Evans Voter ❑ Q ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter ❑ Q ❑ ❑
❑ No Action
❑ Lost
2023-336
CATEGORY. Local Law Public Hearing
DEPARTMENT. Town Clerk
Enact LL Chapter 189&233 Revisions
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 14th day of March, 2023, a need for amendments to the beach parking
and disposal permits within the Town of Southold; and
WHEREAS, it has been presented a Local Law entitled "A Local Law in relation to an
Amendment to Chapter 189, Parking, in connection with Beach Parking Permits and
Chapter 233, Solid Waste, to revise § 233-4 Fees; issuance and duration of permits and
licenses" and
Page 4
April 11 2023
Southold Town Board Board Meeting
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to an Amendment to Chapter 189, Parking,in
connection with Beach Parking Permits and Chapter 233, Solid Waste, to revise § 233-4
Fees; issuance and duration of permits and licenses"reads as follows:
LOCAL LAW NO. of 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 189, Parking,
in connection with Beach Parking Permits and Chapter 233, Solid Waste, to revise § 233-4
Fees; issuance and duration of permits and licenses".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this local law is to clarify permitting requirements.
II. Chapter 189 of the Code of the Town of Southold is hereby amended to add the following
underlined as follows:
§ 189-3. Parking permits
Parking permits for parking vehicles in the parking areas designated in § 189-2 of this article
shall be issued as follows:
A. Resident parking permit.
(3) Resident parking permits for motor vehicles shall behung fFotm the
be permanently affixed to the inside of the passenger
side rear window of such vehicle
IL Chapter 233 of the Code of the Town of Southold is hereby amended to add the following
underlined as follows:
Chapter 233 Solid Waste
§ 233-4 Fees; issuance and duration of permits and licenses.
A.(1)(c) Resident disposal permits for motor vehicles shall be-h i 1 a g ff effl.
Permanently affixed to the inside of the Drivers side rear
window of such vehicle.
III. SEVERABILITY
1f any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Page 5
April 11, 2023
Southold Town Board Board Meeting
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
✓Vote Record-Resolution RES-2023-336
Rl Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain _ Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Supervisor's Appt Greg Doroski Voter ❑✓ ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Seconder Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt
Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-337
CATEGORY. Enact Local Law
DEPARTMENT. Town Clerk
Enact LL Moratorium Battery Energy Storage System Facilities
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 31st day of January 2023, a Local Law entitled, "A Local Law in
relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Energy Storage System (BESS) facilities" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to a temporary moratorium on the issuance of
approvals and/or permits for Battery Energy Storage Svstem (BESS) facilities" reads as
follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to a temporary moratorium on the issuance
of approvals and/or permits for Battery Energy Storage System (BESS) facilities.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
Page 6
April 11, 2023
Southold Town Board Board Meeting
I. Purpose
The Town recognizes that Battery Energy Storage System (BESS) facilities are a key
component to the viability and promotion of renewable energy sources, however, the
technology of these systems is still in its infancy. This moratorium is necessary to permit
the Town to undertake a thorough examination of these systems to identify any possible
threats to public health, safety and welfare as well as evaluate the potential for
environmental degradation. These issues are of great public concern and it is important
that the potential for any risks is thoughtfully reviewed with in-depth analysis and that
mitigation measures are identified to ensure the continued protection of our community
and of our environment. Such findings will assist in the crafting of code that will
determine criteria for future siting, site design, safety requirements and all other elements
that may be necessary for approval.
II. Enactment of a Temporary Moratorium
Until twelve (12) months from the effective date of this Local Law, after which 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 twelve (12) month period, no
agency, board, board officer or employee of the Town of Southold including but not
limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning
Board , or the Building Inspector(s) issuing any building permit pursuant to any
provision of the Southold Town Code, shall issue, cause to be issued or allow to be
issued any approval, special exception, variance, site plan, building permit, subdivision,
or permit for any use identified as a Battery Energy Storage System (BESS) facility.
III. Exclusions
This Local Law shall not apply:
1) to any person or entity who/which has,prior to the effective date of this Local
Law, obtained all permits required for such a facility and, relying upon such
permission, has undertaken significant development of such facility.
2) To any application by a municipal corporation or special district or fire district.
IV. Authority To Supersede
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law, this Local Law is intended pursuant to Municipal
Home Rule Law to supersede any said inconsistent authority.
V. Variance To This Moratorium
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this
moratorium, may apply to the Town Board for a variance excepting the proposed use
from the temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of this Southold Town Code.
Page 7
April 11, 2023
Southold Town Board Board Meeting
VI. 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 impair or
invalidate the remainder of this Local Law.
VIL Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
✓Vote Record-Resolution RES-2023-337
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑
❑ Rescinded .fill Doherty Mover Q ❑ ❑ ❑
❑ Toren Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hb vys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action �.......
❑ Lost
2023-338
CATEGORY. Attend Seminar
DEPARTMENT. Police Dept
Police Department- Training Request
RESOLVED that the Town Board of the Town of Southold hereby grants permission to PO
John Crosser to attend the Glock Armorer's Course on May 11, 2023 at the Southampton
Police Department in Hampton Bays,NY. All related registration expenses will be a legal
charge to the 2023 Police Department budget line A.3120.4.600.200
✓Vote Record-Resolution RES-2023-338
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
.......
❑ Tabled Sarah E.Nappa Voter Q ...
........❑...... ❑...... ❑.....
❑ Withdrawn Greg Doroski Mover Q ❑ ❑ ❑
❑ Supervisor's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑
❑ Rescinded Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
Page 8
April 11, 2023
Southold Town Board Board Meeting
2023-339
CATEGORY. Local Law Public Hearing
DEPARTMENT. Town Clerk
PH 519 7:00 Pm-LL Chapter 280 Accessory Apartments
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 28th day of March, 2023, a Local Law entitled "A Local Law in
relation to an Amendment to Chapter 280, Zoning,Accessory Apartments" and
WHEREAS that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 91H
day of May, 2023 at 7:00 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 an Amendment to Chapter
280, Zoning,Accessory Apartments" which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 280, Zoning,
Accessory Apartments"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose
The Purpose of the amendment is to update the Southold Town Code in regard to Accessory
Apartments
H. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
§ 280-4 Definitions.
B. Definitions and usages. Unless otherwise expressly stated, the following terms shall, for
the purpose of this chapter, have the meanings as herein defined. Any word or term not
noted below shall be used with a meaning as defined in Webster's Third New
International Dictionary of the English Language, unabridged (or latest edition).
APARTMENT
Page 9
April 11, 2023
Southold Town Board Board Meeting
An entirely self-contained dwelling unit consisting of a minimum of 4-58 220 square feet of
living area containing complete housekeeping facilities for only one family, including any
domestic servants employed on the premises and having no enclosed space (other than
vestibules, entrance hallways or porches) or cooking or sanitary facilities in common with any
other dwelling unit and/or "apartment."
§280-13 Use Regulations
In A-C, R-80, 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:
A. Permitted uses.
(6) One accessory apartment in an existing one-family dwelling, subject to the issuance of a
rental permit in accordance with § 280-13D and the following requirements:
(b)
. One of the dwelling units shall be for the sole
exclusive use of the owner or family member as defined in chapter 280-4 The
other dwelling unit shall be leased for year-round occupancy, evidenced by a
written lease for a term of one or more years.
livable floof
(c) The accessory apartment shall contain not less than 45-O 220 square feet of livable
floor area, with no more than two (2) bedrooms and one (1) bathroom.
(-e) (!L The accessory apartment shall not exceed 4094 ,)f tho 1;;1. L.le -1,.,.,. ofthe
25% of the habitable space of the entire residence based upon properly
certified structures at the time of the effective date of this code.
O (e) A minimum of three off-street parking spaces shall be provided.
(-g)�f Not more than one accessory apartment shall be permitted on a lot.
{h) The accessory apartment shall meet the requirements of an apartment as defined in
§ 280-4 hereof.
O The exterior entry to the accessory apartment shall, to the maximum extent
possible, retain the existing exterior appearance of a one-family dwelling.
Subject to all other restrictions and requirements in this Code, a reasonable
expansion of the existing foundation, not to exceed 25% of the living space of the
existing dwelling unit,may be permitted to accommodate the creation of an
accessory apartment.
(k)LU All conversions shall be subject to the inspection of the Building Inspector and
issuance of a certificate of compliance.
existenee and be eligible for-or-have a valid eer-tifiea4e of , . stied pfior-
(m) The existing building, together with the accessory apartment, shall comply with
Page 10
April 11, 2023
Southold Town Board Board Meeting
all other requirements of Chapter 280 of the Town Code of the Town of Southold.
(R)�1 Notwithstanding the provisions of§ 280-13B hereof, no site plan approval by the
Planning Board shall be required for the establishment of an accessory apartment.
{ej Approval by the Suffolk County Department of Health Services of the water
supply and sewage disposal systems shall be required.
(p) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be
permitted in or on premises for which an accessory apartment is authorized or
exists.
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:
(13) One accessory apartment in a lawfully existing detached accessory garage,barn or
storage building, subject to the following requirements:
(a) The accessory apartment shall contain no less than 450 220 square feet and shall
not exceed 750 square feet of livable floor area and shall have no more than one
bedroom and one bathroom
(e) The entirety of the living floor area of the accessory apartment must be on one
floor of the accessory structure, as certificated at the time of the effective date
of this code
(i) Occupancy of resident structures on the premises shall be subject to the issuance
of an annual rental permit in accordance with § 280-13D and the following
requirements:
owner's[1] The awner-of the premises shall oeeiiff either-the e*isti*g single famil
slnietiife as the . One of the dwelling units
shall be for the sole, exclusive use of the owner or family member as
defined in chapter 280-4 The other dwelling unit shall be leased for
year-round occupancy evidenced by a written lease for a term of one or
more years to:
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
✓Vote Record-Resolution RES-2023-339
Q Adopted
❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent
......... ........._........ ............. ........ ........ ........
❑ Defeated Sarah E.Nappa Mover Q ❑ ❑ Li
❑ Tabled Greg Doroski Voter Q ❑ ❑ ❑
Page 11
April 11, 2023
Southold Town Board Board Meeting
❑ Withdrawn Brian O.Mealy Seconder 0 ❑ ❑ ❑
❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Rescinded Scott A.Russell Voter 10 ❑ ❑ ❑
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-340
CATEGORY: Contracts, Lease&Agreements
DEPARTMENT. Town Clerk
Video Hi-Tech Corp.Agreement
Financial Impact:
Audio/Video system
Resolved that the Town Board of Town of Southold hereby authorizes and directs Supervisor
Scott A. Russell to execute an agreement between the Town of Southold and Video Hi-Tech
Corp. d/b/a Adwar Video for the upgrade of the existing audio system in the town meeting hall
as outlined in, and in accordance with, Quote #AAAQ52674-02, dated 3/24/2023 in the
approximate sum of$38,419.35. Funds are available in H.1680.2.600.675, Town Hall Audio
Video System.
✓Vote Record-Resolution RES-2023-340
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter .... .......... .. .......... ..Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Voter R ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Mover 10 ❑ ❑ ❑
❑ Rescinded Jill Doherty Seconder Rl ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter CAI ❑ ❑ ❑
❑ No Action
❑ Lost
2023-341
CATEGORY: Bid Acceptance
DEPARTMENT. Public Works
Page 12
April 11, 2023
Southold Town Board Board Meeting
Accept Bid for Climate Control System- TH Basement
Financial Impact:
H.1620.2.500.675
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Grattan's
Heating& Cooling for the removal of old climate control system and installation of new climate
control system in the Town Hall Basement Records Storage rooms for an amount not to exceed
$24,300,per estimate#947 dated 1/12/23, all in accordance with the approval of the Town
Attorney. This project shall be a legal charge to H.1620.2.500.675, Town Hall Basement.
✓Vote Record-Resolution RES-2023-341
El Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Mover Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-342
CATEGORY: Agreements-Non
DEPARTMENT. Town Attorney
Agreement with the County of Suffolk, Department of Parks, Recreation and Conservation
RESOLVED, that the Town Board of the Town of Southold hereby directs Supervisor Scott A
Russell to execute an Agreement with the County of Suffolk, Department of Parks, Recreation
and Conservation, to conduct certain activities including clean-up, establishing walking trails,
construction of boardwalks and access trail parking areas, in furtherance of the Bay to Sound
Trail Project Phase 5, at Arshamomaque County Park and Clay Pit County Park, as more fully
described in the attached Agreement prepared by Jason Smagin, Commissioner, Suffolk County
Department of Parks, Recreation and Conservation dated March 1, 2023, effective immediately
and expiring on December 31, 2025, subject to the approval of the Town Attorney.
✓Vote Record-Resolution RES-2023-342
0 Adopted
Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended .........
❑ Defeated Sarah E.Nappa Voter C�7 ❑ ❑ ❑
❑ Tabled Greg Doroski Mover Q ❑ ❑ ❑
❑ Withdrawn Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Supervisor's Appt Jill Doherty Voter 10 ❑ ❑ ❑
❑ Tax Receiver's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
Page 13
April 11, 2023
Southold Town Board Board Meeting
❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-343
CATEGORY: Agreements-Non
DEPARTMENT: Town Attorney
Agreement Between the Town of Southold and the CSEA Dated March 16, 2023
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
Stipulation of Agreement between the Town of Southold and the CSEA dated March 16, 2023
establishing the terms of a successor Collective Bargaining Agreement for the period January 1,
2023 to December 31, 2026.
✓Vote Record-Resolution RLS-2023-343
Q Adopted
❑ Adopted as Amended
❑ Defeated
Yes/Aye No/Nay Abstain Absent
❑ Tabled ..... ...................
.. .. ...............
...
Sarah E.Nappa Mover Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter Rl ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-344
CATEGORY: Employment- Town
DEPARTMENT: Town Clerk
Advertise for Pump-Out Boat Operators
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk to advertise for Pump-Out Boat Operators for two weeks in The Suffolk Times
for pump-out boat operators in the Town of Southold, under the supervision of the Board of
Page 14
April 11, 2023
Southold Town Board Board Meeting
Trustees, on a seasonal part-time basis starting May 19, 2023 through and including October 31,
2023 at a salary of$30.00 per hour.
✓Vote Record-Resolution RES-2023-344
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Seconder Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgtvys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-345
CATEGORY: Close/Use Town Roads
DEPARTMENT. Town Clerk
Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade
Financial Impact:
Police Department Cost for the Event= $168.06
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Orient Fire Department to use the following route for its Annual Memorial Day Parade in Orient
on Monday, May 29, 2023 beginning at 7:00 AM to begin at the Firehouse and take Tabor Road
to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse,
provided they follow all the conditions in the Town's Policy for Special Events on Town
Properties and subject to the applicant's compliance with all executive orders of the State of New
York..
✓Vote Record-Resolution RES-2023-345
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn Greg Doroski Seconder Q ❑ ❑ ❑
❑ Supervisor's Appt Brian O.Mealy Voter Q ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑
❑ Rescinded Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
Page 15
April 11, 2023
Southold Town Board Board Meeting
2023-346
CATEGORY: Employment- Town
DEPARTMENT: Accounting
Appoint Andrew Mufson Student Intern H
RESOLVED that the Town Board of the Town of Southold hereby appoints Andrew Mufson
to the position of Student Intern II for the Planning Department, effective June 1, 2023, at a
rate of$17.00 per hour.
✓Vote Record-Resolution RES-2023-346
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled .
Vo Sarah E.Nappa ter 0 ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Mover lz ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder EI ❑ ❑ ❑
❑ Rescinded Jill Doherty Voter EI ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-347
CATEGORY: Public Service
DEPARTMENT: Police Dept
Police Department-Job Shadow Day
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
following students to participate in a day of iob shadowing at the Southold Town Police
Department on Friday, April 21, 2023:
Mattituck
Jackson Frend
Page 16
April 11, 2023
Southold Town Board Board Meeting
Alexa Piraino
Ella Wirth
Greenport
Jackie Calate Dubon
Stanly Rivas
Shelter Island
Mackenzie Speece
Susie Kane
Kat Austin
Southold
Dylan Reilly
✓Vote Record-Resolution RES-2023-347
Rl Adopted
❑ Adopted as Amended
❑ Defeated
Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Mover El ❑ ❑ ❑
❑ Supervisor's Appt Greg Doroski Voter El ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑
❑ Rescinded Jill Doherty Seconder El ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑
❑ No Action
❑ Lost
2023-348
CATEGORY: Employment- Town
DEPARTMENT: Accounting
Amend Resolution Number 2023-332
RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number
2023-332 to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby appoints Andrea Meniivar
to the position of Student Intern 11 for the Planning Department, effective April 7, 2023, at a
rate of$17.00 per hour.
✓Vote Record-Resolution RES-2023-348
0 Adopted
Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended
❑ Defeated Sarah E.Nappa Voter Q ❑ ❑ ❑
Page 17
April 11, 2023
Southold Town Board Board Meeting
❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑
❑ Withdrawn Brian O.Mealy Mover 0 ❑ ❑ ❑
❑ Supervisor's Appt Jill Doherty Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-349
CATEGORY: Attend Seminar
DEPARTMENT: Zoning Board of Appeals
Attend NY-Best Webinar:Mitigating Safety Risks in Battery Energy Storage
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Members of the Zoning Board of Appeals to attend an Online Education Course/Webinar,
entitled, "NY-BEST WEBINAR: Cracking the Code: Mitigating Safety Risks in Battery Energy
Storage" on April 20, 2023. All expenses for registration will be charged to the 2023 ZBA
budget under meetings and seminars.
✓Vote Record-Resolution RES-2023-349
El Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain _ Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt
Brian O.Mealy Voter Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Mover R ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-350
CATEGORY: Agreements -Non
DEPARTMENT: Town Attorney
Agreement with Family Service League for Mental Health Services Program
Page 18
April 11, 2023
Southold Town Board Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott
A. Russell to execute an Agreement with Family Service League of Suffolk County in connection with the
2023 Mental Health Services Program in the amount of$10,000 for the term January 1, 2023 through
December 31, 2023, all in accordance with the approval of the Town Attorney funded from budget line
A.4210.4.500.400.
✓Vote Record-Resolution RES-2023-350
0 Adopted
❑ Adopted as Amended
❑ Defeated
Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Voter ❑✓ ❑ ❑ ❑
❑ Supervisor's Appt Greg Doroski Mover 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑
❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Supt Hb vys Appt Scott A.Russell Voter 21 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-351
CATEGORY: Agreements -Non
DEPARTMENT: Town Attorney
Agreement with Family Service League for Youth Services Program
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott
A. Russell to execute an Agreement with Family Service League of Suffolk County in connection with the
2023 Southold Youth Services Program in the amount of$33,000 for the term January 1, 2023 through
December 31, 2023,this Program is funded in part by a grant from the Suffolk County Youth Bureau, all
in accordance with the approval of the Town Attorney funded from budget line A.4210.4.500.400
✓Vote Record-Resolution RES-2023-351
0 Adopted
❑ Adopted as Amended
❑ Defeated.
Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Mover 0 ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑
❑ No Action
❑ Lost
Page 19
April 11 2023
Southold Town Board Board Meeting
2023-352
CATEGORY: Employment-FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2023-057
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves
Resolution Number 2023-057 of the Fishers Island Ferry District adopted April 3, 2023 which
reads as follows:
■
WHEREAS Employee 54262 will be returning for the 2023 summer season and has exceeded the
requirements of the deckhand position;
THEREFORE, IT IS RESOLVED to increase wages from $16.14 to$17.00 with effect April 6, 2023.
✓Vote Record-Resolution RES-2023-352
Q Adopted
❑ Adopted as Amended
❑ Defeated
Yes/Aye No/Nay Abstain Absent
❑ Tabled .... .... ..........
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Seconder R1 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter ❑✓ ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-353
CATEGORY: Employment-FIFD
DEPARTMENT: Accounting
Approve Resolution Number 2023-058
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves
Resolution Number 2023-058 of the Fishers Island Ferry District adopted April 3, 2023 which
reads as follows:
Page 20
April 11, 2023
Southold Town Board Board Meeting
■
WHEREAS the Ferry District requires additional summer seasonal Laborers during the peak season
between May 18, 2023 and September 16, 2023;
It is further RESOLVED to appoint, with effect May 23, 2023, Lexi Wrobleski as a summer seasonal
Laborer at a rate of$15.00 per hour and on September 15, 2023, Ms. Wrobleski will terminate her
summer seasonal position.
,('Vote Record-Resolution RES-2023-353
0 Adopted
❑ Adopted as Amended
❑ Defeated
Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Voter 0 El El El
❑ Supervisor's Appt Greg Doroski Seconder 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter El ❑ ❑ ❑
❑ Rescinded Till Doherty Mover El ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter El ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-354
CATEGORY: Agreements-Non
DEPARTMENT. Trustees
2023 Clean Vessel Assistance Prograin
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the 2023 Letter of Intent, Clean Vessel Assistance
Program Operation & Maintenance Annual Grant application, Request for Reimbursement form,
and any other accompanying documents between the Town of Southold and the New York State
Environmental Facilities Corporation in connection with the filing of a Clean Vessel Assistance
Program, Operation&Maintenance Grant Program annual application for 2023 for grant funds
up to the maximum amount of S5,000.00 regarding the pump-out boat owned and operated by
the Town of Southold, utilized for the Town, all in accordance with the approval of the Town
Attorney, and funding for budget lines A.8090.1.300.100; A.8090.2.200.400; A.8090.4.100.200;
A.8090.4.400.600; A.8090.4.400.840; and A.8090.4.600.800.
✓Vote Record-Resolution RES-2023-354
0 Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Sarah E.Nappa Voter 0 ❑ ❑ ❑
Page 21
April 11, 2023
Southold Town Board Board Meeting
❑ Defeated Greg Doroski Mover Q ❑ ❑ ❑
❑ Tabled Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Withdrawn Jill Doherty Voter Q ❑ ❑ ❑
❑ Supervisor's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Tax Receiver's Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ Rescinded
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-355
CATEGORY: Employment- Town
DEPARTMENT: Accounting
Permanent Appointment Office Assistant
WHEREAS the Town Board of the Town of Southold has appointed LisaMarie Horton to the
position of provisional Office Assistant effective October 5, 2022, and
WHEREAS LisaMarie Horton has taken and passed the Civil Service examination for Office
Assistant and is reachable on the Suffolk County Department of Civil Service List of Eligible's
for the competitive position of Office Assistant, and
WHEREAS the Town Board of the Town of Southold has determined that it is in the best
interest of the Town to appoint LisaMarie Horton to the permanent position of Office Assistant
from said List of Eligible's, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby appoints LisaMarie Horton
to the position of Office Assistant from the Suffolk County Department of Civil Service List of
Eligible's effective immediately with no salary change.
✓Vote Record-Resolution RES-2023-355
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled Sarah E.Nappa Mover Q ❑ ❑ ❑
❑ Withdrawn Greg Doroski Voter Q ❑ ❑ ❑
❑ Supervisor's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt Jill Doherty Voter Q ❑ ❑ ❑
..................
.... . .....
El Rescinded Louisa P.Evans Voter Q....... ❑ ❑ . ❑
❑ Town Clerk's Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
Page 22
April 11, 2023
Southold Town Board Board Meeting
2023-356
CATEGORY: Contracts, Lease &Agreements
DEPARTMENT. Town Attorney
Contract with Relay Communications Center Inc
Financial Impact:
A.3020.4.400.400.
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a contract with Relay Communications Center Inc. for use
of its FCC licensed radio frequencies, Radio Common Carrier paging and two way radio channel
service for one (1) year, for the period January 1, 2023 through December 1, 2023, for a total
cost of Six Thousand Two Hundred Fifty($6,250.00) Dollars, subject to the approval by the
Town Attorney, funded from budget line A.3020.4.400.400.
✓Vote Record-Resolution RES-2023-356
El Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter ❑✓ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter ❑✓ ❑ ❑ ❑
❑ Supt Hgwys Appt
Scott A.Russell Voter Rl ❑ ❑ ❑
❑ No Action
❑ Lost
2023-357
CATEGORY: Budget Modification
DEPARTMENT. Accounting
2023 Budget Modification-Capital (Town Hall A/V)
Financial Impact:
Establish budgetfor upgrade to Town Hall AV
WHEREAS the Town Board of the Town of Southold wishes to make upgrades to the existing
Town Hall Audio Video System, and
WHEREAS the Town's Capital Budget process requires a resolution to formally establish
Page 23
April 11, 2023
Southold Town Board Board Meeting
Capital Budget items in the Capital Fund, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
establishment of the following Capital Proiects and amends the 2023 General Fund Whole
Town and Capital Budget as follows:
Capital Project Name: Town Hall Audio Video System
Financing Method: Transfer from the General Fund Whole Town Fund
Budget: Revenues:
H.5031.51 Interfund Transfers
Town Hall AV Recorder $38,420
Total $38,420
Appropriations:
H.1680.2.600.675 Town Hall A/V System $38,420
Total $38,420
General Fund Whole Town
Increase Revenues:
A.2770.70 Miscellaneous Sources
PEG Grant $38,420
Total $38,420
Increase Appropriations:
A.9901.9.000.100 Interfund Transfers
Capital Fund $38,420
Total $38,420
✓Vote Record-Resolution RES-2023-357
0 Adopted
❑ Adopted as Amcnded
❑ Defeated
Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Voter Q ❑ El El
❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑
❑ Rescinded Jill Doherty Mover 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-358
CATEGORY: Local Law Public Hearing
DEPARTMENT: Town Attorney
Page 24
April 11, 2023
Southold Town Board Board Meeting
PH 4125 4:30 Pm LL Chapter 34 Housing Fund
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 11th day of April, 2023, a Local Law entitled"A Local Law in
Relation to Amending Chapter 34 Housing Fund, to Increase the Size of the Housing
Advisory Commission" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 25th
day of April, 2023 at 4:30 p.m. at which time all interested persons will be given an opportunity
to be heard.
The proposed Local Law entitled, "A Local Law in Relation to Amending Chapter 34
Housing Fund, to Increase the Size of the Housing Advisory Commission" reads as follows:
LOCAL LAW NO. 2019
A Local Law entitled, "A Local Law in Relation to Amending Chapter 34 Housing Fund, to
Increase the Size of the Housing Advisory Commission"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. PURPOSE.
The purpose of the amendment is to amend Chapter 34 to expand the size of the Housing
Advisory Commission.
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
§ 34-6 Housing Advisory Commission established.
A. The Town Board hereby formally establishes a Housing Advisory Commission to review
and make recommendations regarding the Town of Southold Housing Fund. This
Commission would supplant the efforts of the former Affordable Housing Committee that
no longer meets as a working group. This Board will consist of�9 residents of the Town
who shall serve without compensation. No member of the Town Board shall serve on the
Commission. The Commission shall reflect a diverse membership, with individuals from
various geographic locations. In addition,membership will include a broad representation
from the community, such as landowners,persons with skill and knowledge about the
environment, real estate, banking, building and farming. The Commission may also seek
members who were/are recipients of housing assistance.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Page 25
April 11, 2023
Southold Town Board Board Meeting
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
✓Vote Record-Resolution RES-2023-358
M Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain _ Absent
❑ Tabled
Sarah E.Nappa Voter M ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Mover M ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder M ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter M ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter M ❑ ❑ ❑
❑ Supt Hgwys Appt
Scott A.Russell Voter M ❑ ❑ ❑
❑ No Action
❑ Lost
2023-359
CATEGORY: Budget Modification
DEPARTMENT. Accounting
2023 Budget Modification-Beaches
Financial Impact:
Transfer funds to purchase Mobi-Mats for Town beaches
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General
Fund Whole Town budget as follows:
From:
A1990.4.100.100 Unallocated Contingencies $16,000
Total $16,000
To:
A.7180.4.100.250 Beaches, Small Tools/Equipment $16,000
Total $16,000
✓Vote Record-Resolution RES-2023-359
M Adopted
Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended
❑ Defeated Sarah E.Nappa Mover M ❑ ❑ ❑
❑ Tabled Greg Doroski Voter M ❑ ❑ ❑
❑ Withdrawn Brian O.Mealy Seconder M ❑ ❑ ❑
❑ Supervisor's Appt Jill Doherty Voter M ❑ ❑ ❑
❑ Tax Receiver's Appt Louisa P.Evans Voter M ❑ ❑ ❑
❑ Rescinded Scott A.Russell Voter M ❑ ❑ ❑
Page 26
April 11, 2023
Southold Town Board Board Meeting
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-360
CATEGORY: Special Events
DEPARTMENT: Town Clerk
Cutchogue-New Suffolk Historical Council Family History Day
Financial Impact.-
Total Police Department Cost for Event =$448.00
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Cutchogue-New Suffolk Historical Council to hold its Family History Day, on the
Cutchogue Village Green, Cutchogue on Saturday, May 27th, 2023 from 10:00 AM to 4:00
PM,(with a Rain date of May 28th)provided they file a Certificate of Liability Insurance
naming the Town of Southold as addition insured for two million dollars and comply with all the
conditions of the Town's Policy for Special Events on Town Properties. All fees with the
exception of the clean-up deposit shall be waived.
✓Vote Record-Resolution RES-2023-360
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled .. ....
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ withdrawn
❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑
❑ Rescinded Jill Doherty Seconder Q ❑ ❑ ❑
❑ Totem Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-361
CATEGORY: Special Events
DEPARTMENT: Town Clerk
Cutchogue-New Suffolk Historical/50 Years of Vineyards
Financial Impact:
Total Police Department Costfor Event=$257.76
Page 27
April 11, 2023
Southold Town Board Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Cutchogue-New Suffolk Historical Council to Celebrate 50 Years of Vineyards on the
Cutchogue Village Green, Cutchogue on Saturday,July 13th, 2023 from 5:30 PM to 8;30
PM,provided they file a Certificate of Liability Insurance naming the Town of Southold as
addition insured for two million dollars and comply with all the conditions of the Town's Policy
for Special Events on Town Properties. All fees with the exception of the clean-up deposit shall
be waived.
✓Vote Record-Resolution RES-2023-361
El Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain _ Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Seconder z ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑
❑ Rescinded Till Doherty Mover 10 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑
❑ No Action
❑ Lost
2023-362
CATEGORY. Close/Use Town Roads
DEPARTMENT. Town Clerk
Cutchogue-New Suffolk Historical Council Rock&Roll Car Show
Financial Impact:
Total Police Department Cost for Event=S458.24
RESOLVED that the Town Board of the Town of Southold hereby grants permission to the
Cutchogue-New Suffolk Historical Council to hold its Rock & Roll Car Show on the
Cutchogue Village Green, Cutchogue on Saturday, September 16th, 2023 from 9:00 AM to
4:00 PM. Set up will be Friday, September 15th and the rain date will be Sunday,
September 17th 2023 provided they file a Certificate of Liability Insurance naming the Town of
Southold as an additional insured for two million dollars $2,000,000.00 and comply with all the
conditions of the Town's Policy for Special Events on Town Properties. All fees with the
exception of the clean-up deposit shall be waived.
✓Vote Record-Resolution RES-2023-362
0 Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Defeated Greg Doroski Mover Q ❑ ❑ ❑
❑ Tabled Brian O.Mealy Seconder 10 ❑ ❑ ❑
❑ Withdrawn Ji 11 ll11 Doherty Voter 10 ❑ ❑ ❑
Page 28
April 11, 2023
Southold Town Board Board Meeting
❑ Supervisor's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑
❑ Rescinded
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-363
CATEGORY: Close/Use Town Roads
DEPARTMENT: Town Clerk
Cutchogue New Suffolk Historical/ Memorial Concert 2023
Financial Impact:
Total Police Department cost for Event= $171.84
RESOLVED that the Town Board of the Town of Southold hereby grants permission for the
closure of Case's Lane adiacent to the Village Green, for the Memorial Concert on the
Cutcho2ue Village Green, on Thursday,July 27th, 2023, from 7:00 PM to 8:30 PM, with the
following provisions:
1. They file with the Town Clerk a Two Million Dollar Certificate of Insurance
naming the Town of Southold as an additional insured;
2. Coordinate traffic control upon notification of the adoption of this resolution with
Chief Flatley.
✓Vote Record-Resolution RES-2023-363
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tablcd
El withdrawn
Sarah E.Nappa Mover 0 El El El�......
❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑
❑ Rescinded Jill Doherty Voter 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Supt Hg<vys Appt Scott A.Russell Voter 0 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-364
CATEGORY: Authorize to Bid
DEPARTMENT: Information Technology
Page 29
April 11, 2023
Southold Town Board Board Meeting
Surplus Computer Equipment
WHEREAS the Town Board of the Town of Southold has declared some computer equipment to
be surplus, now therefor be it
RESOLVED that the Town Clerk is hereby authorized and directed to advertise for sale of same.
✓Vote Record-Resolution RES-2023-364
El Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
El Withdrawn Sarah E.Nappa Voter Q El El
❑ Supervisor's Appt Greg Doroski Voter z ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Mover z ❑ ❑ ❑
❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Supt Hgwys Appt
Scott A.Russell Voter 0 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-365
CATEGORY: Ratify Fishers Island Reso.
DEPARTMENT. Fishers Island Ferry District
FIFD 413123 Meeting Resolution Ratifications
RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the
resolutions of the Fishers Island Ferry District Board of Commissioners dated April 3, 2023
meeting, as follows:
FIFD
Resolution# Regarding
2023-055 Budget Modification
2023-056 Legal - Window Installation
2023-059 Legal - Grant Services
✓Vote Record-Resolution RES-2023-365
0 Adopted
Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended
❑ Defeated Sarah E.Nappa Voter [ ❑ ❑ 0
❑ Tabled Greg Doroski Seconder Q ❑ ❑ ❑
El Withdrawn Brian O.Mealy Voter Q ❑ El El
❑ Supervisor's Appt Jill Doherty Mover 10 ❑ ❑ ❑
❑ Tax Receiver's Appt Louisa P.Evans Voter Z ❑ ❑ ❑
Page 30
April 11, 2023
Southold Town Board Board Meeting
❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-366
CATEGORY. Local Law Public Hearing
DEPARTMENT. Town Attorney
PH 519 7:00 Pm LL Chapter 144 Fite Prevention and Building Code Administration
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 1Ph day of April, 2023, a Local Law entitled "A Local Law in
relation to an Amendment to Chapter 144, Fire Prevention and Building Code
Administration, in connection with Updates to the New York State Uniform Fire
Prevention and Building Code Administration and Enforcement Law " now, therefore,be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 9t"
day of May, 2023 at 7:00 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 an Amendment to Amendment
to Chapter 144, Fire Prevention and Building Code Administration, in connection with
Updates to the New York State Uniform Fire Prevention and Building Code
Administration and Enforcement Law" which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Amendment to
Chapter 144, Fire Prevention and Building Code Administration, in connection with
Updates to the New York State Uniform Fire Prevention and Building Code
Administration and Enforcement Law"
§ 144-1 Title.
This chapter shall be known as the "Uniform Fire Prevention and Building Code Administration
and Enforcement Law."
§ 144-2 Purpose.
Article 18 of the Executive Law, as added by Chapter 707 of the Laws of 1981, provides for the
preparation of a Uniform Fire Prevention and Building Code (Uniform Code), which shall take
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April 11 2023
Southold Town Board Board Meeting
effect on January 1, 1984, and the State Energy Conservation Construction Code (the Energy
Code), which shall take effect on January 1, 2007, and which every local government shall
administer and enforce on and after such date. it is the pufpese ef This chapter to provide for the
administration and enforcement of the New York State Uniform Gode inrthe Town of Athala.
Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation
Construction Code (the Energy Code) in this Town of Southold. This chapter is adopted
pursuant to section 10 of the Municipal Home Rule Law.
Except as otherwise provided in the Uniform Code, the Energy Code other state law, or
other section of this chapter, all buildings, structures, and premises, regardless of use of
occupancy, are subject to the provisions of this chapter
§ 144-3 Administration and enforcement officers designated; definitions.
A. It shall be the duty of the Building Inspectors (hereinafter referred to as the "Building
Inspector") to administer and enforce the Uniform Code and the Energy Code and the
provisions of this chapter.
B. In addition to the inspectors, as provided by Subsection A of this section, the Town Board
may appoint one Assistant Inspector for each of the fire districts in the Town, who shall be
recommended by the respective Board of Fire Commissioners. Such Assistant Inspectors
shall serve for a term of one year or at the pleasure of the Town Board. Assistant Inspectors
shall serve without compensation,but shall be reimbursed for their actual and necessary
expenses incurred in the performance of their duties within the appropriations made therefor
by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their
duties being limited to conducting periodic inspections for compliance with the fire
prevention provisions (Chapter C) of the Uniform Code and the Energy Code. Assistant
Inspectors shall have the same right to enter and inspect buildings and premises as conferred
upon the Building Inspector.
C. For this chapter, the term "Building Inspector" shall include and refer to:
(1) Building Inspectors of the Town of Southold;
(2) The Director of Code Enforcement of the Town of Southold;
(3) The Engineer Inspector of the Town of Southold;
(4) Building Permits Examiner;
(5) Fire Inspector; and
(6) Code Enforcement Officer.
D. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter,
have the meanings as herein defined. Any word or term not noted below shall be used with
a meaning as defined in Webster's Third International Dictionary of the English Language,
unabridged(or latest edition).
ASSEMBLY AREA -An area in any building, or in any portion of a building, that is
primarily used or intended to be used for gathering fifty or more persons for uses
including, but not limited to, amusement, athletic, entertainment, social, or other
recreational functions: patriotic, political, civic, educational, or religious functions:
food or drink consumption; awaiting transportation; or similar purposes.
BUILDING PERMIT - A building permit, construction permit, demolition permit or other
permit that authorizes the performance of work. The term "Building Permit" shall
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April 11, 2023
Southold Town Board Board Meeting
also include a building permit which is renewed, amended or extended pursuant to any
provision of this chapter.
CANOPY- See "tent."
CERTIFICATE OF COMPLIANCE -A document issued by the Town of Southold stating
that work was done in compliance with approved construction documents and the
codes.
CERTIFICATE OF OCCUPANCY- A document issued by the Town of Southold
certifying that the building or structure, or portion thereof, complies with the
approved construction documents that have been submitted to, and approved by the
Town of Southold, and indicating that the building or structure, or portion thereof
is in condition suitable for occupancy.
CODE ENFORCEMENT OFFICER- The Code Enforcement Officer appointed pursuant
to subdivision(b) of section 144-3 of this chapter.
CODE ENFORCEMENT PERSONNEL - The Code Enforcement Officer and all
Inspectors.
ENERGY CODE - ,
as hefe ffer ,,ffie...a a. The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law.
FCNYS - The 2020 Fire Code of the State of New York as currently incorporated by
reference in 19 NYSCRR Part 1225
FIRE SAFTEY AND PROPERTY MAINTENANCE INSPECTION- An inspection
performed to determine compliance with the applicable provisions of 19 NYSCRR
Part 1225 and the publications incorporated therein by reference and the applicable
provisions of 19 NYSCRR Part 1226 and the publications incorporated therein by
reference.
HAZARDOUS PRODUCTION MATERIALS -A solid, liquid or gas associated with the
semiconductor manufacturing that has a degree -of-hazard rating in health,
flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard
Systems for Identification of Hazards of Materials for Ememenev Response), and
which is used directly in research , laboratory, or production process which
have, as their end product, materials that are not hazardous.
INSPECTOR-An Inspector appointed pursuant to subdivision (d) of section 144-3 of this
Chapter.
MOBILE FOOD PREPARATION VEHICLES -Vehicles that contain cooking equipment
that produces smoke or grease- laden vapors for the purpose of preparing and
serving food to the public. Vehicles intended for private recreation shall not be
considered mobile food preparation vehicles.
OPERATING PERMIT - A permit issued pursuant to section 10 of this chapter. The term
" Operating Permit" shall also include and Operating Permit which is renewed,
amended or extended pursuant to any provision of this chapter.
ORDER TO REMEDY- An order issued by the Building Inspector pursuant to
subdivision (a) of section 17 of this chapter.
PERMIT HOLDER - The person to whom a building permit has been issued.
PERSON - An individual, corporation, limited-liability company, partnership, limited
Page 33
April 11, 2023
Southold Town Board Board Meeting
partnership, business trust, estate, trust, association, or any other legal or commercial
entity of any kind or description.
PMCNYS - The 2020 Property Maintenance Code of New York State as currently
incorporated by reference in 19 NYCRR Part 1226.
RCNYS- The 2020 Residential Code of New York State as currently incorporated by
reference in 19 NYCRR Part 1220.
REPAIR- The reconstruction, replacement, or renewal of any part of an existing building
for the purpose of its maintenance or to correct damage.
SOLAR POWER FAST TRACK PROGRAM
A program to expedite all applications for standard installations of solar electric and solar
hot water energy systems on residential buildings and legal accessory structures on
residential property as developed by Long Island Unified Solar Permitting Initiative.
STANDARD INSTALLATION - Those installations that meet the following criteria, and any
subsequent amendment thereto:
(1) Are not subject to architectural review or review by the Architectural Review
Board or Landmark Preservation Commission;
(2) Are proposed for installation on a roof with a single layer of roof covering;
(3) Are to be flush-mounted parallel to the roof surface and no more than six inches
above the surface;
(4) Have an eighteen-inch clearing at the roof ridge and an eighteen-inch clearing
path to the ridge;
(5) Create a roof load of no more than five pounds per square foot for photovoltaic
(PV) and six pounds per square foot for residential solar hot water(RSHW);
(6) Be installed by LIPA-authorized contractors;
(7) Use PV panels that have been certified by a nationally-recognized testing
laboratory as meeting the requirements of the Underwriters Laboratory(UL)
Standard 1703 and inverters must be on a list of New York State Public Service
Commission type tested inverters which are tested by UL or other nationally
recognized laboratories to conform with UL 1741;
(8) Use RSHW equipment that has been certified by the Solar Rating and
Certification Corporation under its OG-100 standard for solar collectors;
(9) Use other equipment such as modules, combiner boxes and a mounting system
that have been approved for public use; and
(10) Be in full compliance with all current National Electrical Code (NEC)
requirements.
STOP WORK ORDER-An order issued pursuant to section 6 of this chapter.
SUGARHOUSE -A building used, in whole or in part, for the collection, storage or
processing of maple sap into maple syrup and/or maple sugar.
TEMPORARY CERTIFICATE OF OCCUPANCY-A certificate issued pursuant to
subdivision (d) of section 7 of this chapter.
TENT - A structure, enclosure or shelter, including structures open without sidewalls or
sidewalls that drop on 75% or more of the perimeter, constructed of fabric or pliable
material supported by any manner except by air or the contents it protects.
TOWN- The Town of Southold
UNIFORM CODE - The New York State Uniform Fire Prevention and Building Code,
Page 34
April 11, 2023
Southold Town Board Board Meeting
Subchapter A of Chapter XXIII of Title 19 of the NYCRR, adopted pursuant to
Article 18 of the Executive Law.
§ 144-4 Conflicts with other regulations.
Where the provisions of this chapter conflict with or impose a different requirement than any
other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the
provision which establishes the higher standard or requirement shall govern.
§ 144-5 Powers and duties of Building Inspector.
A. Except as otherwise specifically provided by law, ordinance or regulation, or except as
herein otherwise provided, the Building Inspector shall administer and enforce all the
provisions of the Uniform Code and Energy Code and regulations applicable to the
construction, alteration, repair, removal and demolition of buildings and structures, and the
installation and use of materials and equipment therein, and the location, use, occupancy
and maintenance thereof.
B. The Building Inspector shall receive, review, and approve or disapprove applications and
issue permits for the erection, alteration, removal and demolition of buildings or structures
or parts thereof and shall examine the premises for which such applications have been
received or such permits have been issued, for the purpose of ensuring compliance with the
Uniform Code, Energy Code and other laws, ordinances and regulations governing building
construction.
C. The Building Inspector shall conduct construction inspections, inspections to be made prior
to the issuance of certificates of occupancy, fire safety and property maintenance
inspections, inspections incidental to the investigation of complaints, and all other
inspections required or permitted under any provision of this chapter, shall administer and
enforce all the provisions of the Uniform Code, the Energy Code, and this chapter and
shall have the following powers and duties:
(1) to receive, review and approve or disapprove applications for Building
Permits, Certificates of Occupancv and Operating Permits, and the plans,
specifications and construction documents submitted with such applications;
(2) Upon approval of such applications, to issue Building permits, Certificates of
Occupancy, Certificates of Compliance, Temporary Certificates of
Occupancy, and Operating Permits and to include in terms and conditions as
the Building Inspector may determine to be appropriate Building Permits,
Certificates of Occupancy, Certificates of Compliance, Temporary
Certificate of Occupancy and Operating Permits;
(3) To conduct construction inspections; inspections to be made prior to issuance
of Certificates of Occupancy, Certificates of Compliance, Temporary
Certificates of Occupancy, and Operating Permits;
{�} () To issue stop-work orders;
(21) (5) To review and investigate complaints;
(6) to issue orders pursuant to subdivision (a) of section 17 (Violations) of this
local law;
(3) (7) To maintain records;
(4) (8) To collect fees as set by the Town Board of the Town of Southold;
Page 35
April 11, 2023
Southold Town Board Board Meeting
(�) (9) To pursue administrative enforcement actions and proceedings;
f-6) In consultation with this Town's attorney, to pursue such legal actions and
proceedings as may be necessary to enforce the Uniform Code, the Energy Code,
and this chapter, or to abate or correct conditions not in compliance with the
Uniform Code, the Energy Code or this chapter; and
(7) lI) To exercise all other powers and fulfill all other duties conferred upon the
Building Inspector by this chapter.
D. The Building Inspector shall possess background experience related to building
construction or fire prevention and shall, within the time prescribed by law, obtain such
basic training, in-service training, advanced in-service training, and other training as the
State of New York shall require for code enforcement personnel, and shall obtain
certification from the State Fire Administrator pursuant to the Executive Law and the
regulations promulgated thereunder.
E. In the event that the Building Inspector is unable to serve as such for any reason,
another individual shall be appointed by the Town Board to serve as a Building
Inspector, during the term of their appointment, exercise all powers and fulfill all
duties conferred upon the Building Inspector by this chapter.
F. One or more Inspectors may be appointed by the Town Board to act under the
supervision and direction of the Building Inspectors and to assist the Building
Inspectors in the exercise of the powers and fulfillment of the duties conferred upon
the Building Inspectors by this chapter. Each Inspector shall, within the time
prescribed by law, obtain such basic training, in-service training, advanced in-
service training, and other training as the State of New York shall require for code
enforcement personnel, and each Inspector shall obtain certification from the
Department of State pursuant to the Executive Law and the regulations
promulgated thereunder.
G. The compensation for the Building Inspectors shall be fixed from time to time by the
Town Board of this Town of Southold by resolution or collective bargaining
agreement as applicable.
H-.. Whenever the same may be necessary or appropriate to assure compliance with the
provisions of applicable laws, ordinances or regulations covering building construction, the
Building Inspector may require the performance of tests in the field by experienced,
professional persons or by accredited and authoritative testing laboratories or service
bureaus or agencies.
I-F. The Building Inspector shall keep permanent, official records of all transactions and
activities conducted by him, including records of-
(1) All applications received,reviewed and approved or denied;
(2) All plans, specifications and construction documents approved;
(3) All building permits, certificates of occupancy, and stop-work orders issued;
(4) All inspections and tests performed;
(5) All statements and reports issued;
(6) All complaints received;
(7) All investigations conducted;
(8) All fees charged and collected.
Page 36
April 11, 2023
Southold Town Board Board Meeting
J. The Building Inspector shall keep permanent official records of all transactions and
activities conducted by all Building and Code Enforcement Personnel,including
records of:
(1) all applications received, reviewed and approved or denied;
(2) all plans, specifications and construction documents approved;
(3) all Building Permits, Certificates of Occupancy, Certificates of Compliance,
Temporary Certificates, Stop Work Orders, and Operating Permits issued;
(4) all inspections and tests performed;
(5) all statements and reports issued;
(6) all complaints received;
(7) all investigations conducted;
(8) all condition assessment reports received;
(9) all fees charted and collected; and
(10) all other features and activities specified in or contemplated by sections 4
throuth 14, inclusive, of this chapter.
All such records shall be public records open for public inspection during normal
business hours. All plans and records pertaining to buildings or structures, or
appurtenances thereto, shall be retained for at least the minimum time period so
required by State law and regulation.
K—G. All such records shall be public records open for public inspection during normal
business hours. All plans and records pertaining to buildings or structures, or
appurtenances thereto, shall be retained for at least the minimum time period so required
by state law and regulation.
LEI. Program review and reporting.
(1) The Building Inspector shall, as directed, submit to the Town Board a written
report and summary of all business conducted by him, including permits and
certificates issued, fees collected, orders and notices promulgated, inspections and
tests made and appeals or litigation pending.
(2) The Building Inspector shall, annually, submit to the Secretary of State, on behalf
of this Town, on a form prescribed by the Secretary of State, a report of the
activities of this Town, relative to administration and enforcement of the Uniform
Code.
(3) The Building Inspector shall, upon request of the New York State Department of
State,provide to the New York State Department of State, from the records and
related materials in this Town is required to maintain, excerpts, summaries,
tabulations, statistics and other information and accounts of the activities of this
Town in connection with administration and enforcement of the Uniform Code.
(4) The Building Inspector shall annually submit to the Town Board of this
Town of Southold a written report and summary of all business conducted
by the Building Inspector and its staff, including a report and summary of all
transactions and activities described in section 14 (Record Keeping) of this
chapter and a report and summary of all appeals or litigation pending or
concluded.
(5) The Building Inspector shall annually submit to the Secretary of State, on
Page 37
April 11, 2023
Southold Town Board Board Meeting
behalf of this Town of Southold, on a form prescribed by the Secretary of
State, a report of the activities of this Town of Southold relative to
administration and enforcement of the Uniform Code.
(6) The Building Inspector shall, upon request of the New York State
Department of State, provide to the New York State Department of State,
true and complete copies of the records and related materials this Town of
Southold is required to maintain; true and complete copies of such portion of
such records and related materials as may be requested by the Department
of State; and/or such excerpts, summaries, tabulations, statistics, and other
information and accounts of its activities in connection with administration
and enforcement of the Uniform Code and/or Energy Code as may be
requested by the Department of State.
M. I. The Building Inspector shall review and investigate complaints which allege or assert the
existence of conditions or activities that fail to comply with the Uniform Code, the
Energy Code, this chapter, or any other law or regulation adopted for administration and
enforcement of the Uniform Code or the Energy Code. The process for responding to a
complaint shall include such of the following steps as the Building Inspector may deem
appropriate:
(1) Performing an inspection of the conditions and/or activities alleged to be in
violation, and documenting the results of such inspection;
(2) If a violation is found to exist,providing the owner of the affected property and
any other person who may be responsible for the violation with notice of the
violation and opportunity to abate, correct or cure the violation, or otherwise
proceeding in a manner which violates this chapter of the Code;
(3) If appropriate, issuing a stop-work order;
(4) If a violation which was found to exist is abated or corrected, performing an
inspection to ensure that the violation has been abated or corrected,preparing a
final written report reflecting such abatement or correction, and filing such report
with the complaint.
§ 144-6 Inspections required.
A. Construction inspections
(1) Work to remain accessible and exposed. Work shall remain accessible and
exposed until inspected and accepted by the Buildifig hispeetef by an Inspector
authorized by the Building Inspector. The permit holder shall notify the
Building Inspector when any element of work described in Subsection A(2) of
this section is ready for inspection.
(2) Elements of work to be inspected. The following elements of the construction
process shall be inspected, where applicable:
(a) Work site prior to the issuance of a building permit;
(b) Footing and foundation;
(c) Preparation for concrete slab;
(d) Framing;
(e) Structural, electrical, plumbing, mechanical, fire-protection and other
similar service systems.
Page 38
April 11, 2023
Southold Town Board Board Meeting
f�'{e) Building systems, including underground and rough-in;
W-(f) Fire-resistant construction;
Jh -(g) Fire-resistant penetrations;
D-" Solid-fuel-burning heating appliances, chimneys, flues, or gas vents;
W-(i) . Inspections required to demonstrate
Energy Code compliance,including but not limited to insulation,
fenestration, air leakage, system controls, mechanical equipment size,
and,where required, minimum fan efficiencies, programmable
thermostats, energy recovery,whole-house ventilation, plumbing heat
traps, and high-performance lighting and controls;
(k) Installation, connection, and assembly of factor manufactured
buildings and manufactured homes; and
L-4) A final inspection after all work authorized by the building permit has
been completed.
(3) Remote inspections. At the discretion of the Buildine Inspector or Inspector
authorized to perform construction inspections, a remote inspection may be
performed in lieu of an in-person inspection when, in the opinion of the
Building Inspector or such authorized Inspector, the remote inspection can
be performed to the same level and quality as an in-person inspection and the
remote inspection shows to the satisfaction of the Building Inspector or by
such authorized Inspector that the elements of the construction process
conform with the applicable requirements of the Uniform Code and Energy
Code. Should a remote inspection not afford the Building Inspector or such
authorized Inspector sufficient information to make a determination, an in-
person inspection shall be performed
L41+1) Inspection results. After inspection, the work or a portion thereof shall be noted as
satisfactory as completed, or the permit holder shall be notified as to where the
manner in which the work fails to comply with the Uniform Code or Energy
Code, including a citation to the specific code provision or provisions that
have not been met. Work not in compliance with any applicable provision of
the Uniform Code or Energy Code shall remain exposed until such work
shall have been brought into compliance with all applicable provisions of the
Uniform Code and the Energy Code, reinspected, and found satisfactory as
completed.
(5) FEE. The fee specified in or determined in accordance with the provisions set
forth in section 18 (Fees) of this chapter must be paid prior to or at the time
of each inspection performed pursuant to this section.
B. Fife
evefy 12 nt
Page 39
April 11, 2023
Southold Town Board Board Meeting
,
the Btfildifig iiispeetaf at any time"pow.
stieh
of ti ;ties f ilif * to , .ply ;tb, the Uni f .-m 'odeor-Energy( ode e -r. ,
,
Gode &Eist; pf evided, however-, tha4 nothing iii this subseetion shall be eeiisti=ued
shall ha-,�e been obtained.
rr rr
) and the Ne
B. OFPC Inspections. Nothing in this section or in anv other provision of this chapter
shall supersede, limit, or impair the powers, duties and responsibilities of the New
York State Office of Fire Prevention and Control ("OFPC") and the New York State
Fire Administrator or other authorized entity under Executive Law section 156-e and
Education Law section 807-b. Notwithstanding any other provision of this section to
the contrary, the Building Inspector may accept an inspection performed by the Office
of Fire Prevention and Control or other authorized entity pursuant to sections 807-a
and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of a
fire safetv and property maintenance inspection performed by the Building Inspector
or by an authorized Inspector, provided that:
(1) the Building Inspector is satisfied that the individual performing such
inspection satisfies the requirements set forth in 19 NYCRR section
1203.2(e);
(2) the Building Inspector is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
(3) such inspections are performed no less frequently than once a year;
(4) a true and complete copy of the report of each such inspection is provided to
the Building Inspector; and
(5) upon receipt of each such report, the Building Inspector takes the
appropriate
action prescribed by section 17 (Violations) of this chapter.
C. Fee. The fee specified in or determined in accordance with the provisions set forth in
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Southold Town Board Board Meeting
section 18 (Fees) of this chapter must be paid prior to or at the time each inspection
performed pursuant to this section. This subdivision shall not apply to inspections
performed by OFPC.
Dom. Inspection of tents. [Added 3-11-2014 by L.L. No. 4-2014]
(1) The Building Inspector or Code Enforcement Official shall perform inspections
on tents prior to the event for which the tent is to be used. Tents must comply with
all requirements of the New York State Building Code and the following
standards:
(a) Sufficient exiting to a public way.
(b) Tents over 200 square feet shall be made of flame-resistant materials. A
certificate attesting to that fact shall be available on site for inspection.
(c) All electrical supply shall be ground fault interrupted(GFI) at the source.
(d) Tent stakes shall be capped or covered in such a way to present no hazard
to the public.
(e) No cooking shall be allowed under the tent.
(f) All exiting aisles shall be maintained at a minimum of six feet wide.
(g) If the event under the tent is conducted after sunset, illuminated exit signs
and emergency exit lighting shall be provided. The lighting shall be on a
separate circuit.
(h) Guy ropes shall not pass through exit paths unless maintained more than
seven feet above grade. Tent stakes shall not be in exit paths.
(i) Fire extinguishers as required by New York State Building Code and the
Town Building Inspector/Code Enforcement Official shall be provided.
(2) A tent permit may be revoked by the Building Inspector or Code Enforcement
Official if, upon inspection, it is determined that the tent does not comply with
any of the standards set forth in § 144-6C(1) above or if the tent is used in
violation of the provisions of§ 144-8.
§ 144-7 Cooperation with other departments.
The Building Inspector may request and shall receive, so far as may be necessary in the
discharge of his duties, the assistance and cooperation of the police and fire officers and all other
municipal officials exercising any jurisdiction over the construction, use or occupancy of
buildings or the installation of equipment therein.
§ 144-8 Building permit required; application for permit.
A. Building permit/tent permit required prior to commencement; exceptions. [Amended 3-11-
2014 by L.L. No. 4-20141
(1) >
> removal,in the fiatufe of the e"a-ney of any building o-F stfuettffe, of eattse the same to
be done, without 4ir-st obtaining a sepafa4e building pefmit f+em the Btjilding
1*speetof f6t: eaeh stieh building ot: stmetttfv. A building pefmit shall -Fee al 1 i I:P-,d
that no building peffnit shall be f Nod_ �F: Except as otherwise provided in
subdivision (2) of this section, a Building Permit shall be required for any
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Southold Town Board Board Meeting
work which must conform to the Uniform Code and/or the Energy Code,
including, but not limited to, the construction, enlargement, alteration,
improvement, removal, relocation, or demolition of any building or structure
or any portion thereof, and the installation of a solid fuel burning heating
appliance, chimnev, or flue in any dwelling unit. No person shall commence
any work for which a Building Permit is required without first having
obtained a Building Permit from the Town of Southold.
(2) Exemptions. No Building Permit shall be required for work in any of the
following categories:
(a) Necessary repairs which do not materially affect structural features.
(b) Alterations to existing buildings, provided that the alterations:
[1] Cost less than S10,000;
[2] Do not materially affect structural features;
[3] Do not affect fire safety features such as smoke detectors,
sprinklers, required fire separations and exits;
[4] Do not involve the installation of electrical systems; and
[5] Do not include the installation of solid-fuel-burning heating
appliances and associated chimneys and flues.
(c) Construction or installation of one-story detached structures associated
with one- or two-family dwellings or multiple single-family dwellings
(townhouses) which are used for tool and storage sheds,playhouses or
similar uses,provided the gross floor area does not exceed 144 square
feet;
(d) Installation of swings and other playground equipment associated with a
one- or two-family dwelling or multiple single-family dwellings
(townhouses);
(e) Installation of swimming pools associated with a one- or two-family
dwelling or multiple single-family dwellings (townhouses) where such
pools are designed for a water depth of less than 24 inches and are
installed entirely above ground;
(f) Installation of fences which are not part of an enclosure surrounding a
swimming pool;
(g) Construction of retaining walls, unless such walls support a surcharge or
impound Class I, II, or IIIA liquids;
Construction of temporary sets and scenery associated
with motion pictures, television and theatre uses.
(i) Installation of window awnings supported by an exterior wall of a one- or
two-family dwelling or multiple single-family dwellings (townhouses);
lastallation of pa-Ftitions or-movable eases less than f4ve feet nine inehes ill
Installation of partitions or movable cases less than 5'-9" in
height;
(k) Painting, wallpapering, tiling, carpeting, or other similar finish work;
(1) Installation of listed portable electrical,plumbing, heating, ventilation or
cooling equipment or appliances;
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Southold Town Board Board Meeting
(m) Replacement of any equipment, provided the replacement does not alter
the equipment's listing or render it inconsistent with the equipment's
original specifications; or
eompeffen>;
✓j Theealafgefnea}, alt€fati6r tvplaeefne rt of Feloeatioa of any
Repairs, provided that the work does not
have an impact on fire and life safety, such as (i) any part of
the structural system; (ii) the required means of egress; or (iii)
the fire protection system or the removal from service of any
part of the fire protection system for anv period of time.
(-2)(3) No tent shall be erected on any property, except properties wherein the primary use
is a single-family dwelling, unless a permit has been issued by the Building
Department. Tents may be erected for protection from the elements for special
events or for temporary activities that are a permitted use of the premises in
accordance with the Town Code and the approved site plan for the premises, subject
to the following standards:
(a) Tents should be removed as promptly as possible after the event has
concluded.
(b) The duration of a tent permit shall be determined by the Building
Inspector or Code Enforcement Official, up to a maximum duration of 30
days.
(c) A tent permit shall not issue if the parcel has an open building permit or is
the subject of a pending site plan review or the property is subject to
pending Town Code violation(s).
(d) A permit is required from the State of New York for tents with an
occupancy of 300 or more unless owned, leased, or operated by a bona
fide religious, charitable, educational, fraternal, service, veteran, or
volunteer fire organization.
(4) Exemption not deemed authorization to perform non-compliant work. The
exemption from the requirement to obtain a building permit for work in any category set
forth in Subsection A(2) of this section shall not be deemed an authorization for work to be
performed in violation of the Uniform Code or the Energy Code. All work, structures and
buildings must comply with the provisions of Chapter 280, Zoning, of the Southold Town
Code.
B. Any building permit issued in violation of the provisions of this chapter shall be null and
void and of no effect without the necessity for any proceedings, revocations or nullification
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Southold Town Board Board Meeting
thereof; and any work undertaken or use established pursuant to the issuance of a permit in
violation of the provisions of this chapter shall be invalid.
G. Applieatiatis.
(1) Evei=y appliefftion fief a building peffflit shall be ffiade in wfifing, aft Et fafffi
shall be signed by the awfief of an a-uthafized agent of the awnef and eantain the
Gode. The ap ieatie��,.1 be aeeemani the ffg
(a) The aet-ttal shape, dimensions, ogles and «ea of the lot anwhieh
if— —isti,building, e�Eeept in the ease of the altefa4ieiis of a building
> if any,
as they appeaf aii the latest ta-�E
reeofds.
dirt ices betwee sueh 1.,,ildi g and any othef v ;s+;,,g h,,;l.lings a the
1,.+ -And ,,,a;aeef+lets as I've-41- � +h,o 1,.,,1 Of O.,;s+iag- p
tThe existing -affd- te e i , +all b ;l,l; gs, existing osed, the
ttse of land and the ntm+bef ef dwelling�mits the building is desig*
eece�tez and eeassar-y computations to est-Abl h ee y to
the btilk and density fegulations.
(g) Stteh topegr-aphie or-other-i4ei:ffiation with regard to the bttildiiig, the lot
(i) A plot p1m dr-a�Nffl to seale and signed by the per-son responsible foF eaeh
At the-diseretion of the Building if speeter may be
h Eaeh a-ppiiea4io f,-a building permit•t f6-F a new dwelling unit shall be
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April 11, 2023
Southold Town Board Board Meeting
.
b,,,;l, ing pefm t, ,,loss they s t;sf,the nts sot f,-tt, above.
1.,,;l, ingpei:mit shall be fnaf:ked as aeeepted by the Bti ldifi, hispeetat:ill
be Fetttmed to the applieafit to be kept .,t the. :k site. l4owey& , tl,o
spec i4e-ations eomply with the Uni fo..,, Code and Eaetsy=Gode, tovet:i�that
both the plans and the eens4icietion installation eemply with the high wind lead
-App4eatietis fef standafd installations of selaf eflefgy systems shall be made oft
applieatiD. No building pefmit shall be issued fef the eenstmetion or altemtiefi of any building upeft
a lot wit-het4 weess to a street or-highway as pfovided by § 280 a of the Town Law.
E. No building pefmit shall be issued for-any buildingwhei:e the site plan of stteh building is.
subjeet to appf oval by t-he Planning Bear-d, e*eept in eenfefmity with the plans appfoved
by said Beafd-.
F. No btfilding pefmit shall be issued for-a bttilding iiq any distr-iet where stleh ttse is
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April 11, 2023
Southold Town Board Board Meeting
sewage disposal systeffl.
Elate. if Ho zoning amendments of othef fegtilations afireeting the property ha-ve been
> iii wfitiiig,
the exotelisia
appfeved by the Building faspeetef,
C. Applications for Building Permits. Applications for a Building Permit shall be made
in writing on a form provided by or otherwise acceptable to the Building Inspector.
The application shall be signed by the owner of the property where the work is to be
performed or an authorized agent of the owner. The application shall include such
information as the Building Inspector deems sufficient to permit a determination by
the Building Inspector that the intended work complies with all applicable
requirements of the Uniform Code and the Energy Code. The application shall
include or be accompanied by the following information and documentation:
(1) a description of the location, nature, extent, and scope of the proposed work;
(2) the tax map number and the street address of any affected building or
structure;
(3) the occupancy classification of any affected building or structure;
(4) where applicable, a statement of special inspections prepared in accordance
with the provisions of the Uniform Code; and
(5) at least 2 sets of construction documents (drawings and/or specifications)
which
(a) describe the location, nature, extent, and scope of the proposed work;
(b) show that the proposed work will conform to the applicable
provisions of the Codes,
(c) show the location, construction, size, and character of all portions of
the means of egress;
(d) show a representation of the building thermal envelope;
(e) show structural information including but not limited to braced wall
designs, the size, section, and relative locations of structural members,
design loads, and other pertinent structural information;
(f) show the proposed structural, electrical, plumbing, mechanical, fire-
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Southold Town Board Board Meeting
protection, and other service systems of the building;
(2) include a written statement indicating compliance with the Energy
Code;
(h) include a site plan, drawn to scale and drawn in accordance with an
accurate boundary survey, showing the size and location of new
construction and existing structures and appurtenances on the site,
distances from lot lines, the established street grades and the proposed
finished grades, and, as applicable, flood hazard areas, floodways, and
design flood elevations; and
(i) evidence that the documents were prepared by a licensed and
registered architect in accordance with Article 147 of the New York
State Education Law or a licensed and registered professional
engineer in accordance with Article 145 of the New York State
Education Law and practice guidelines, including but not limited to
the design professional's seal which clearly and legibly shows both the
design professional's name and license number and is signed by the
design professional whose name appears on the seal in such a manner
that neither the name nor the number is obscured in any way, the
design professional's registration expiration date, the design
professional's firm name (if not a sole practitioner), and, if the
documents are submitted by a professional engineering firm and not a
sole practitioner professional engineer, the firm's Certificate of
Authorization number.
(6) Construction documents. Construction documents will not be accepted as
part of an application for a Building Permit unless they satisfv the
requirements set forth in paragraph (5) of subdivision (d) of this section.
Construction documents which are accepted as part of the application for a
Building Permit shall be marked as accepted by the Building Inspector in
writing or by stamp, or in the case of electronic media, an electronic
marking. One set of the accepted construction documents shall be retained
by the Building Inspector, and one set of the accepted construction
documents shall be returned to the applicant to be kept at the work site so as
to be available for use by the Code Enforcement Personnel. However, the
return of a set of accepted construction documents to the applicant shall not
be construed as authorization to commence work, nor as an indication that a
Building Permit will be issued. Work shall not be commenced until and
unless a Building Permit is issued.
(7) Issuance of Building Permits. An application for a Building Permit shall be
examined to ascertain whether the proposed work is in compliance with the
applicable requirements of the Uniform Code and Energy Code. The
Building Inspector shall issue a Building Permit if the proposed work is in
compliance with the applicable requirements of the Uniform Code and
Energy Code.
(8) Building Permits to be displayed. Building permits shall be visibly displayed
at the work site and shall remain visible until the authorized work has been
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Southold Town Board Board Meeting
completed.
(9) Work to be in accordance with construction documents. All work shall be
performed in accordance with the construction documents which were
submitted with and accepted as part of the application for the Building
Permit. The Building Permit shall contain such a directive. The Permit
Holder shall immediately notify the Building Inspector of any change
occurring during the course of the work. The Building Permit shall contain
such a directive. If the Building Inspector determines that such change
warrants a new or amended Building Permit, such change shall not be made
until and unless a new or amended Building Permit reflecting such change is
issued.
(10) Time limits. Building Permits shall become invalid unless the authorized
work is commenced within 6 months following the date of issuance. Building
Permits shall expire 12 months after the date of issuance. A Building Permit
which has become invalid or which has expired pursuant to this subdivision
may be renewed upon application by the Permit Holder, payment of the
applicable fee, and approval of the application by the Building Inspector.
(11) Revocation or suspension of Building Permits. If the Building Inspector
determines that a Building Permit was issued in error because of incorrect,
inaccurate, or incomplete information, or that the work for which a Building
Permit was issued violates the Uniform Code or the Energv Code, the
Building Inspector shall revoke the Building Permit or suspend the Building
Permit until such time as the Permit Holder demonstrates that:
(a) all work then completed is in compliance with all applicable
provisions of the Uniform Code and the Energv Code and
(b) all work then proposed to be performed shall be in compliance with
all applicable provisions of the Uniform Code and the Energy Code.
D-.4,,'—. Permit fees.
The fee specified in or determined in accordance with the provisions set forth in this
chapter must be paid at the time of submission of an application for a Building
Permit, for an amended Building Permit, or for renewal of a Building Permit.
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a building permit, which fees shall be paid into the general
fund if the application is approved or returned to the applicant if the application is
denied:
(a) Single-family dwellings:
[1] New dwellings and alterations or additions to existing dwellings:
$200, plus $0.40 for each square foot of floor area.
[2] Accessory buildings and additions or alterations to existing
accessory buildings: $100, plus $0.40 for each square foot of floor
area.
(b) Farm buildings and additions or alterations to existing farm buildings:
$150 for each building.
(c) Hotel, motel, multiple dwellings and business, industrial and all other
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Southold Town Board Board Meeting
buildings, including wineries:
[1] New buildings and additions and alterations to existing buildings:
$250, plus $0.40 for each square foot of floor area.
[2] Accessory buildings and additions and alterations to existing
accessory buildings: $100,plus $0.40 for each square foot of floor
area.
(d) Foundations constructed under existing buildings: $200.
(e) In-ground swimming pools, together with required enclosure fencing:
$250; aboveground swimming pools, together with required enclosure
fencing: $250.
(f) The permit fee for all signs shall be $75 per permit.
(g) Demolition and/or removal of any building: S 100 minimum and $0.30 for
each square foot of floor area.
(h) Deer exclusion fences erected in accordance with § 280-105: $75.
(i) The fee for standard applications for any residential solar energy system
shall be $50.
(j) The permit fee for tents shall be $50 per permit.
(2) If an application is denied and a notice of disapproval is issued, the applicant shall
pay a fee of$50.
(3) For the purpose of this Subsection K, cellars, decks, attached garages and any
habitable area shall be included in the calculation of floor area.
(4) Preconstruction fee. If any land clearing or excavation or building or
commencement of any construction activity is without the benefit of applicable
Town permits, all fees associated with any land clearing or excavation or building
or construction activity will be equal to double the otherwise applicable fee for all
permits as provided by this chapter.
(5) Notwithstanding the foregoing, no fee shall be required of or paid by taxing
entities or districts, including but not limited to fire districts, school districts, park-
districts and the like.
(6) In the event that a building permit is not approved, the applicant shall be entitled
to a refund of 50% of the fee paid within one year of issuance,provided that no
construction has commenced.
§ 144-9 Issuance or denial of building permit.
A. The Building Inspector shall approve or disapprove the application within a reasonable
time, and in all events within 10 business days.
B. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a
building permit to the applicant upon the form prescribed by him and shall affix his
signature or cause his signature to be affixed thereto.
C. Upon approval of the application, two sets of plans and specifications shall be endorsed
with the word "approved." One set of such approved plans and specifications shall be
retained in the offices of the Building Inspector and the other set shall be returned to the
applicant, together with the building permit, and shall be kept at the building site, open to
inspection by the Building Inspector or his authorized representative at all reasonable times.
D. If the application, together with plans, specifications and other documents filed therewith,
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April 11, 2023
Southold Town Board Board Meeting
describes proposed work which does not conform to all the requirements of the Uniform
Code and all other applicable building regulations, the Building Inspector shall disapprove
the same and shall return the plans and specifications to the applicant. The Building
Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to
the applicant in writing.
§ 144-10 permit. Climatic and Geographic Design Criteria
for-a periodnot v edia. s months
eeiifefRi to the appf&�ed appheation, plans and •
of sottthald-
i •
ineittding btA not limitedte-stfaw bales, silt cvtnrvrzenEcs-aiicrrvrgFciciiig.
to the isstia-nee of a eei4ifieate of oeetipaney, all-premises shall be g+aded
distur-bed by eenstfttetieft and feeafRieeted to its natur-al path by means of ettivet4s
of at
D. Bttildiiig per-fflits shall be visibly displayed a4 the wafk site and shall F-efliain visible tffAil the
A. The Building Inspector shall determine the climatic and geographic design criteria for
buildings and structures constructed within this Town of Southold as required by the
Uniform Code. Such determinations shall be made in the manner specified in the
Uniform Code using, where applicable, the maps, charts, and other information
provided in the Uniform Code. The criteria to be so determined shall include but shall
not necessarily be limited to, the following:
(1) design criteria to include ground snow load; wind design loads; seismic
category; potential damage from weathering, frost, and termite; winter
design temperature; whether ice barrier underlayment is required; the air
freezing index; and the mean annual temperature;
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Southold Town Board Board Meeting
(2) heating and cooling equipment design criteria for structures within the scope
of the RCNYS. The design criteria shall include the data identified in the
Design Criteria Table found in Chapter 3 of the RCNYS; and
(3) flood hazard areas, flood hazard maps, and supporting data. The flood
hazard map shall include, at a minimum, special flood hazard areas as
identified by the Federal Emergency Management Ap_ency in the Flood
Insurance Study for the community, as amended or revised with:
(i) the accompanying Flood Insurance Rate Map (FIRM);
(ii) Flood Boundary and Floodway Map (FBFM); and
(iii) related supporting data along with any revisions thereto.
B. The Building Inspector shall prepare a written record of the climatic and
geographic design criteria determined pursuant to subdivision (a) of this section,
shall maintain such record within the office of the Building Inspector, and shall
make such record readily available to the public.
§ 144-11 Building permit fees.
A. Upon filing of an application for a building permit, fees shall be paid in accordance with §
144-8 of the Town Code.
B. In the event that a building permit expires as set forth in § 144-8I, the applicant shall remit
an additional fee in an amount equal to 50% of the fee paid in connection with the original
application to renew the building permit.
C. In the event that an application for a building permit is not approved, the applicant shall be
entitled to a refund of 50% of the fee paid,provided that no construction has been
commenced. If construction work has been started and the application is not approved, the
fees paid shall not be refunded.
§ 144-12 Revocation of building permit.
The Building Inspector may revoke a building permit theretofore issued and approved in the
following instances:
A. Where he finds that there has been any false statement or misrepresentation as to a material
fact in the application,plans or specifications on which the building permit was based.
B. Where he finds that the building permit was issued in error because of incorrect, inaccurate
or incomplete information, or that the work for which a building permit was issued violates
the Uniform Code or the Energy Code, the Building Inspector shall revoke the building
permit or suspend the building permit until such time as the permit holder demonstrates that
all work then completed is in compliance with all applicable provisions of the Uniform
Code and the Energy Code and all work then proposed to be performed shall be in
compliance with all applicable provisions of the Uniform Code and the Energy Code.
C. Where he finds that the work performed under the permit is not being prosecuted in
accordance with the provisions of the application,plans or specifications.
D. Where the person to whom a building permit has been issued fails or refuses to comply with
a stop-work order issued by the Building Inspector.
§ 144-13 Stop-work orders.
A. The Building Inspector is authorized to issue stop-work orders pursuant to this section. The
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Southold Town Board Board Meeting
Building Inspector shall issue a stop-work order to halt:
(1) Any work that is determined by the Building Inspector to be contrary to any
applicable provision of the Uniform Code or the Energy Code, without regard to
whether such work is or is not work for which a building permit is required, and
without regard to whether a building permit has or has not been issued for such
work; or
(2) Any work that is being conducted in a dangerous or unsafe manner in the opinion
of the Building Inspector, without regard to whether such work is or is not work-
for which a building permit is required, and without regard to whether a building
permit has or has not been issued for such work; or
(3) Any work for which a building permit is required which is being performed
without the required building permit, or under a building permit that has become
invalid,has expired, or has been suspended or revoked.
B. Content of Stop Work Orders
Stop-work orders shall:
(1) Be in writing;
(2) Be dated and signed by the Building Inspector;
(3) State the reason or reasons for issuance; and
(4) If applicable, state the conditions which must be satisfied before work will be
permitted to resume.
C. The Building Inspector shall cause the stop-work order, or a copy thereof, to be served on
the owner of the affected property, and if the owner is not the permit holder, on the permit
holder,personally or by certified mail to the owner or permit holder and posting at the work
site. The Building Inspector shall be permitted, but not required, to cause the stop-work
order, or a copy thereof, to be served on any or all of the following: builder, architect,
tenant, contractor, subcontractor, construction superintendent, or their agents, or any other
person taking part or assisting in work affected by the stop-work order,personally or by
certified mail and posting; provided, however, that failure to serve any person listed above
shall not affect the efficacy of the stop-work order.
D. Upon the issuance of a stop-work order, the owner of the affected property, the permit
holder and any other person performing, taking part in or assisting in the work shall
immediately cease all work which is the subject of the stop-work order , other than work
expressly authorized by the Building Inspector or Code Enforcement Officer to
correct the reason for issuing the Stop Work Order.
E. The issuance of a stop-work order shall not be the exclusive remedy available to address
any event described in this section, and the authority to issue a stop-work order shall be in
addition to, and not in substitution for or limitation of, the right and authority to pursue any
other remedy or impose any other penalty under any other applicable local or state law. Any
such remedy or penalty may be pursued at any time, whether prior to, at the time of, or after
the issuance of a stop-work order.
§ 144-14 Right of entry.
Any Building Inspector, upon the showing of proper credentials and in the discharge of his
duties, may enter upon any building, structure or premises at any reasonable hour, and no person
shall interfere with or prevent such entry.
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Southold Town Board Board Meeting
§ 144-15 Certificate of occupancy required; application.
A. No building hereafter erected shall be used or occupied in whole or in part until a
certificate of occupancy shall have been issued by the Building Inspector.
B. No building hereafter enlarged, extended or altered, or upon which work has been
performed which required the issuance of a building permit, shall be occupied or used
unless a certificate of occupancy shall have been issued by the Building Inspector.
C. No change shall be made in the use or type of occupancy of an existing building unless a
certificate of occupancy authorizing such change shall have been issued by the Building
Inspector.
D. The owner or his agent shall make application for a certificate of occupancy.
Accompanying his application and before the issuance of a certificate of occupancy, there
shall be filed by the Building Inspector an affidavit of the registered architect or licensed
professional engineer who filed the original plans, or of the registered architect or
licensed professional engineer who supervised the construction of the work, or of the
building contractor who supervised the work and who,by reason of his experience, is
qualified to superintend the work for which the certificate of occupancy is sought. This
affidavit shall state that the deponent has examined and approved plans of the structure
for which a certificate of occupancy is sought, that the structure has been erected in
accordance with approved plans and, as erected, complies with the Uniform Code and
Energy Code and other laws governing building construction except insofar as variations
therefrom have been legally authorized. Such variations shall be specified in the affidavit.
E. Certificates of Occupancy and Certificates of Compliance required. A Certificate of
Occupancy or Certificate of Compliance shall be required for anv work which is the
subject of a Building Permit and for all structures, buildings, or portions thereof,
which are converted from one use or occupancy classification or subclassification to
another. Permission to use or occupy a building or structure, or portion thereof, for
which a Building Permit was previously issued shall be granted only by issuance of a
Certificate of Occupancy or Certificate of Compliance.
F. Issuance of Certificates of Occupancy and Certificates of Compliance. The Building
Inspector shall issue a Certificate of Occupancy or Certificate of Compliance if the
work which was the subject of the Building Permit was completed in accordance
with all applicable provisions of the Uniform Code and Energy Code and, if
applicable, that the structure, building or portion thereof that was converted from
one use or occupancy classification or subclassification to another complies with all
applicable provisions of the Uniform Code and Energy Code. The Building
Inspector or an Code Enforcement Officer authorized by the Building Inspector
shall inspect the building, structure, or work prior to the issuance of a Certificate of
Occupancy or Certificate of Compliance. In addition, where applicable, the
following documents, prepared in accordance with the provisions of the Uniform
Code by such person or persons as may be designated by or otherwise acceptable to
the Building Inspector, at the expense of the applicant for the Certificate of
Occupancy or Certificate of Compliance, shall be provided to the Building Inspector
prior to the issuance of the Certificate of Occupancy or Certificate of Compliance:
(1) a written statement of structural observations and/or a final report of special
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inspections,
(2) flood hazard certifications,
(3) a written statement of the results of tests performed to show compliance with
the Energv Code, and
(4) where applicable, the affixation of the appropriate seals, insignias, and
manufacturer's data plates as required for factory manufactured buildings
and/or manufactured homes.
G. Contents of Certificates of Occupancy and Certificates of Compliance. A Certificate
of Occupancy or Certificate of Compliance shall contain the following information:
(1) the Building Permit number, if any;
(2) the date of issuance of the Building Permit, if any;
(3) the name (if any), address and tax map number of the property;
(4) if the Certificate of Occupancy or Certificate of Compliance is not applicable
to an entire structure, a description of that portion of the structure for which
the Certificate of Occupancy or Certificate of Compliance is issued;
(5) the use and occupancy classification of the structure;
(6) the type of construction of the structure;
(7) the occupant load of the assembly areas in the structure,if any;
(8) any special conditions imposed in connection with the issuance of the
Building Permit, and
(9) the signature of the Building Inspector issuing the Certificate of Occupancy
or Certificate of Compliance and the date of issuance.
H. Temporary Certificate of Occupancy. The Building Inspector shall be permitted to
issue a Temporary Certificate of Occupancy allowing the temporary occupancy of a
building or structure, or a portion thereof, prior to completion of the work which is
the subiect of a Building Permit. However, in no event shall the Building Inspector
issue a Temporary Certificate of Occupancy unless the Building Inspector
determines (1) that the building or structure, or the portion thereof covered by the
Temporary Certificate of Occupancy, may be occupied safely, (2) that any required
fire and life safety components, such as fire protection equipment and fire, smoke,
carbon monoxide, and heat detectors and alarms are installed and operational, and
(3) that all required means of egress from the structure have been provided. The
Building Inspector may include in a Temporary Certificate of Occupancy such
terms and conditions as he or she deems necessary or appropriate to ensure the
health and safety of the persons occupying and using the building or structure
and/or performing further construction work in the building or structure. A
Temporary Certificate of Occupancv shall be effective for a period of time, not to
exceed six (6) months,which shall be determined by the Building Inspector and
specified in the Temporary Certificate of Occupancy. During the specified period of
effectiveness of the Temporary Certificate of Occupancy, the Permit Holder shall
undertake to bring the building or structure into full compliance with all applicable
provisions of the Uniform Code and the Energy Code.
I. Revocation or suspension of certificates. If the Building Inspector determines that a
Certificate of Occupancy, Certification of Compliance, or a Temporary Certificate
of Occupancy was issued in error or on the basis of incorrect information, and if the
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relevant deficiencies are not corrected to the satisfaction of the Building Inspector
within such period of time as shall be specified by the Building Inspector, the
Building Inspector shall revoke or suspend such certificate.
J. Fee. The fee specified in or determined in accordance with the provisions set forth in
this chapter must be paid at the time of submission of an application for a
Certificate of Occupancy, Certificate of Compliance, or for Temporary Certificate
of Occupancy.
K. E. Certificate of occupancy fees.
(1) The following fees shall be paid upon the filing of an application with the
Building Inspector for a building permit, which fee shall be paid into the general
fund if the application is approved or returned to the applicant if the application is
denied:
(a) Business buildings and/or business uses and additions and alterations
thereto: $50.
(b) New dwellings and additions and alterations thereto: $50.
(c) Accessory buildings and additions and alterations thereto: $50.
(d) Preexisting dwellings: $100.
(e) Updated certificates of occupancy by reason of additions or alterations:
$50.
(f) Copies of certificates of occupancy: $0.25.
(2) Notwithstanding the foregoing, no fee shall be required or paid by taxing entities or
districts, including but not limited to fire districts, "school districts,park districts and
the like.
§ 144-16 Inspection prior to issuance of certificate; records.
A. Before issuing a certificate of occupancy,the Building Inspector shall examine or cause
to be examined all buildings, structures and sites for which an application has been filed
for a building permit to construct, enlarge, alter, repair, remove, demolish or change the
use or occupancy; and he may conduct such inspections as he deems appropriate from
time to time during and upon completion of the work for which a building permit has
been issued.
B. There shall be maintained by the Building Inspector a record of all such examinations and
inspections, together with a record of findings of violations of the Uniform Code, the
Energy Code, and other applicable laws.
of the Uniform Code, the Fnei:gy Gode > >
by stieh pef son of pef sons as may be designated by of other-wise aeeeptable to the
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,
(1` The btti ding peftnit miffi-bef, if ;
(3) The Y e, add—Foss and Tax Map H ff+bet of the €rt
(6) The type of eonstfuetion of the of that poftion of the stf+tetur-e for-whieh the eeftif4eate of oeettpaney is issued;
system is Fequif ed;
peffnit; and
§ 144-4-9 17 Temporary certificates of occupancy; fee.
Upon request, and the payment of a fee of$25, the Building Inspector may issue a temporary
certificate of occupancy for a building or structure or part thereof before the entire work covered
by the building permit shall have been completed,provided that such portion or portions as have
been completed may be occupied safely without endangering life or the public welfare.
§ 144-4-918 Tests for compliance with standards.
Whenever there are reasonable grounds to believe that any material, construction, equipment or
assembly does not conform to the requirements of the Uniform Code or the applicable building
laws, ordinances or regulations, the Building Inspector may require the same to be subjected to
tests in order to furnish proof of such compliance.
U44-19- Operating Permits.
A Operation Permits required. Operating Permits shall be required for conducting
any process or activity or for operating any type of building, structure, or facility
listed below:
(1) manufacturing, storing, or handling hazardous materials in quantities
exceeding those listed in the applicable Maximum Allowable Quantity tables
found in Chapter 50 of the FCNYS;
(2) Buildings, structures, facilities, processes, and/or activities that are within the
scope and/or permit requirements of the chapter or section title of the
FCNYS as follows:
(a) Chapter 22, "Combustible Dust-Producing Operations." Facilities
where the operation produces combustible dust;
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(b) Chapter 24, "Flammable Finishes." Operations utilizing flammable or
combustible liquids, or the application of combustible powders
regulated by Chapter 24 of the FCNYS;
(c) Chapter 25, "Fruit and Crop Ripening." Operating a fruit- or crop-
ripening facility or conducting a fruit-ripening process using ethylene
gas,
(d) Chapter 26, "Fumigation and Insecticidal Fogging." Conducting
fumigation or insecticidal fogging operations in buildings, structures,
and spaces, except for fumigation or insecticidal fogging performed by
the occupant of a detached one-family dwelling;
(e) Chapter 31, "Tents, Temporary Special Event Structures, and Other
Membrane Structures." Operating an air-supported temporary
membrane structure, a temporary special event structure, or a tent
where approval is
required pursuant to Chapter 31 of the FCNYS;
(f) Chapter 32, "High-Piled Combustible Storage." High-piled
combustible storage facilities with more than 500 square feet
(including aisles) of high-piled storage;
(g) Chapter 34, "Tire Rebuilding and Tire Storage." Operating a facility
that stores in excess of 2,500 cubic feet of scrap tires or tire
byproducts or operating a tire rebuilding plant,
(h) Chapter 35, "Welding and Other Hot Work." Performing public
exhibitions and demonstrations where hot work is conducted, use of
hot work,welding, or cutting equipment, inside or on a structure,
except an operating permit is not required where work is conducted
under the authorization of a building permit or where performed by
the occupant of a detached one- or two-family dwelling;
(i) Chapter 40, "Sutwhouse Alternative Activity Provisions."
Conducting an alternative activity at a sugarhouse;
(D Chapter 56, "Explosives and Fireworks." Possessing, manufacturing,
storing, handling, selling, or using, explosives, fireworks, or other
pyrotechnic special effects materials except the outdoor use of
sparkling devices as defined by Penal Law section 270;
(k) Section 307, "Open Burning, Recreational Fires and Portable
Outdoor Fireplaces." Conducting open burning, not including
recreational fires and portable outdoor fireplaces,
(1) Section 308, "Open Flames." Removing paint with a torch, or using
open flames, fire, and burning in connection with assembly areas or
educational occupancies; and
(m) Section 319, "Mobile Food Preparation Vehicles." Operating a mobile
food preparation vehicle in accordance with the permitting
requirements as hereafter amended from time to time.
(3) Energy storage systems,where the system exceeds the values shown in Table
1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section
R327.5 of the RCNYS.
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(4) buildings containing one or more assembly areas;
(5) outdoor events where the planned attendance exceeds 1,000 persons;
(6) facilities that store, handle or use hazardous production materials;
(7) parking garages as defined in this chapter;
(8) buildings whose use or occupancy classification may pose a substantial
potential hazard to public safety, as determined by resolution adopted by the
Town Board of the Town of Southold; and
(9) other processes or activities or for operating any type of building, structure,
or facility as determined by resolution adopted by the Town Board of the
Town of Southold. Any person who proposes to undertake any activity or to
operate any type of building listed in this subdivision (a) shall be required to
obtain an Operating Permit prior to commencing such activity or operation.
B. Applications for Operating Permits. An application for an Operating Permit shall
be in writing on a form provided by or otherwise acceptable to the Building
Inspector. Such application shall include such information as the Building Inspector
deems sufficient to permit a determination by the Building Inspector that quantities,
materials, and activities conform to the requirements of the Uniform Code. If the
Building Inspector determines that tests or reports are necessary to verify
conformance, such tests or reports shall be performed or provided by such person
or persons as may be designated by or otherwise acceptable to the Building
Inspector, at the expense of the applicant.
C. Exemptions. Operating permits shall not be required for processes or activities, or
the buildings, structures, or facilities listed in paragraphs (1) through (7) of
subdivision (a) of this section, provided that the use is expressly authorized by a
certificate of occupancy or certificate of compliance, fire safety and property
maintenance inspections are performed in accordance with section 11 (Fire Safety
and Property Maintenance Inspections) of this chapter, and condition assessments
are performed in compliance with section 13 (Condition Assessments of Parking
Garages) of this chapter, as applicable.
D Inspections. The Building Inspector or an Inspector authorized by the Building
Inspector shall inspect the subiect premises prior to the issuance of an Operating
Permit. Such inspections shall be performed either in-person or remotelv. Remote
inspections in lieu of in-person inspections may be performed when, at the
discretion of the Building Inspector or an Inspector authorized by the Building
Inspector, the remote inspection can be performed to the same level and quality as
an in-person inspection and the remote inspection shows to the satisfaction of the
Building Inspector or Code Enforcement Officer authorized by the Building
Inspector that the Premises conform with the applicable requirements of the
Uniform Code and the code enforcement program. Should a remote inspection not
afford the Town of Southold sufficient information to make a determination, an in-
person inspection shall be performed. After inspection, the premises shall be noted
as satisfactory and the operating permit shall be issued, or the operating permit
holder shall be notified as to the manner in which the premises fail to comply with
either or both of the Uniform Code and the code enforcement program, including a
citation to the specific provision or provisions that have not been met.
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E Multiple Activities. In any circumstance in which more than one activity listed in
subdivision (a) of this section is to be conducted at a location, the Building Inspector
may require a separate Operating Permit for each such activity, or the Building
Inspector may,in their discretion,issue a single Operating Permit to apply to all
such activities.
F Duration of Operating Permits. Operating permits shall be issued for a specified
period of time consistent with local conditions, but in no event to exceed as follows:
(1) thirty (30) days for tents, special event structures, and other membrane
structures;
(2) thirty (30) days for alternative activities at a sugarhouse;
(3) three (3) Years for the activities, structures, and operations determined per
paragraph (9) of subdivision (a) of this section, and
(4) One (1)year for all other activities, structures, and operations identified in
subdivision (a) of this section. The effective period of each Operating Permit
shall be specified in the Operating Permit. An Operating Permit may be
reissued or renewed upon application to the Building Inspector, payment of
the applicable fee, and approval of such application by the Building
Inspector.
G Revocation or suspension of Operating Permits. If the Building Inspector
determines that anv activity or building for which an Operating Permit was issued
does not comply with any applicable provision of the Uniform Code, such Operating
Permit shall be revoked or suspended.
H Fee. The fee specified in or determined in accordance with the provisions set forth in
section 18 (Fees) of this chapter must be paid at the time submission of an
application for an Operating Permit, for an amended Operating Permit, or for
reissue or renewal of an Operating Permit.
§144-20- CONDITION ASSESSMENTS OF PARKING GARAGES.
A Definitions. For the purposes of this section:
(1) the term "condition assessment" means an on-site inspection and evaluation
of a parking garage for evidence of deterioration of any structural element or
building component of such parkin22ara2e, evidence of the existence of any
unsafe condition in such parking garage, and evidence indicating that such
parking garage is an unsafe structure;
(2) the term "deterioration" means the weakening, disintegration, corrosion,
rust, or decay of any structural element or building component, or any other
loss of effectiveness of a structural element or building component;
(3) the term "parking garage" means any building or structure, or part thereof,
in which all or any part of any structural level or levels is used for parking or
storage of motor vehicles, excluding:
(a) buildings in which the only level used for parking or storage of motor
vehicles is on grade;
(b) an attached or accessory structure providing parking exclusively for a
detached one- or two-family dwelling; and
(c) a townhouse unit with attached parking exclusively for such unit;
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(4) the term "professional engineer" means an individual who is licensed or
otherwise authorized under Article 145 of the Education Law to practice the
profession of engineering in the State of New York and who has at least three
years of experience performing structural evaluations;
(5) the term "responsible professional engineer" means the professional engineer
who performs a condition assessment, or under whose supervision a
condition assessment is performed, and who seals and signs the condition
assessment report. The use of the term "responsible professional engineer"
shall not be construed as limiting the professional responsibility or liability of
any professional engineer, or of any other licensed professional,who
participates in the preparation of a condition assessment without being the
responsible professional engineer for such condition assessment.
(6) the term "unsafe condition" includes the conditions identified as "unsafe" in
section 304.1.1, section 305.1.1, and section 306.1.1 of the PMCNYS; and
(7) the term "unsafe structure" means a structure that is so damaged, decayed,
dilapidated, or structurally unsafe, or is of such faulty construction or
unstable foundation, that partial or complete collapse is possible.
B Condition Assessments - general requirements. The owner operator of each parking
garage shall cause such parking garage to undergo an initial condition assessment as
described in subdivision (c) of this section, periodic condition assessments as
described in subdivision (d) of this section, and such additional condition
assessments as may be required under subdivision (e) of this section. Each condition
assessment shall be conducted by or under the direct supervision of a professional
engineer. A written report of each condition assessment shall be prepared, and
provided to the Town of Southold, in accordance with the requirements of
subdivision (f) of this section. Before performing a condition assessment (other than
the initial condition assessment) of a parking garage, the responsible professional
engineer for such condition assessment shall review all available previous condition
assessment reports for such parking garage.
C Initial Condition Assessment. Each parking garage shall undergo an initial
condition assessment as follows:
(1) Parking_garages constructed on or after August 29, 2018, shall undergo an
initial condition assessment following construction and prior to a certificate
of occupancy or certificate of compliance being issued for the structure.
(2) Parking garages constructed prior to August 29, 2018, shall undergo an
initial condition assessment as follows:
(a) if originally constructed prior to January 1, 1984, then prior to
October 1, 2019;
(b) if originally constructed between January 1, 1984 and December 31,
2002, then prior to October 1, 2020; and
(c) if originally constructed between January 1, 2003 and August 28,
2018, then prior to October 1, 2021.
(3) Any parking garage constructed prior to the effective date of the chapter
enacting this provision that has not undergone an initial condition
assessment prior to that effective date shall undergo an initial condition
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assessment prior to six (6) months after the effective date of this chapter.
D Periodic Condition Assessments. Following the initial condition assessment of a
parking garage, such parking garage shall undergo periodic condition assessments
at intervals not to exceed three (3) years.
E Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage includes a
recommendation by the responsible professional engineer that an additional
condition assessment of such parking garage, or any portion of such parking
garage, be performed before the date by which the next periodic condition
assessment would be required under subdivision (c) of this section, the owner
or operator of such parking garage shall cause such parking garage (or, if
applicable, the portion of such parking garage identified by the responsible
professional engineer) to undergo an additional condition assessment no later
than the date recommended in such condition assessment report.
(2) If the Town of Southold becomes aware of any new or increased
deterioration which, in the iudgment of the Town of Southold,indicates that
an additional condition assessment of the entire parking garage, or of the
portion of the parking garage affected by such new or increased
deterioration, should be performed before the date by which the next
periodic condition assessment would be required under subdivision (c) of this
section, the owner or operator of such parking garage shall cause such
parking garage (or,if applicable, the portion of the parking garage affected
by such new or increased deterioration) to undergo an additional condition
assessment no later than the date determined by the Town of Southold to be
appropriate.
F Condition Assessment Reports. The responsible professional engineer shall prepare,
or directly supervise the preparation of, a written report of each condition
assessment, and shall submit such condition assessment report to the Town of
Southold within sixty (60) days. Such condition assessment report shall be sealed
and signed by the responsible professional engineer, and shall include:
(1) an evaluation and description of the extent of deterioration and conditions
that cause deterioration that could result in an unsafe condition or unsafe
structure;
(2) an evaluation and description of the extent of deterioration and conditions
that cause deterioration that,in the opinion of the responsible professional
engineer, should be remedied immediately to prevent an unsafe condition or
unsafe structure;
(3) an evaluation and description of the unsafe conditions;
(4) an evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe conditions;
(5) an evaluation and description of the corrective options available, including
the recommended timeframe for remedying the deterioration, conditions that
cause deterioration, and unsafe conditions;
(6) an evaluation and description of the risks associated with not addressing the
deterioration, conditions that cause deterioration, and unsafe conditions;
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(7) the responsible professional engineer's recommendation regarding
preventative maintenance;
(8) except in the case of the report of the initial condition assessment, the
responsible professional engineer's attestation that he or she reviewed all
previously prepared condition assessment reports available for such parking
garage, and considered the information in the previously prepared reports
while performing the current condition assessment and while preparing the
current report; and
(9) the responsible professional engineer's recommendation regarding the time
within which the next condition assessment of the parking garage or portion
thereof should be performed. In making the recommendation regarding the
time within which the next condition assessment of the parking garage or
portion thereof should be performed, the responsible professional engineer
shall consider the parking garage's age, maintenance history, structural
condition, construction materials, frequency and intensity of use, location,
exposure to the elements, and anv other factors deemed relevant by the
responsible professional engineer in their professional iudgment.
G Review Condition Assessment Reports. The Town of Southold shall take such
enforcement action or actions in response to the information in such condition
assessment report as may be necessary or appropriate to protect the public from the
hazards that may result from the conditions described in such report. In particular,
but not by way of limitation, the Town of Southold shall,by Order to Remedv or
such other means of enforcement as the Town of Southold may deem appropriate,
require the owner or operator of the parking garage to repair or otherwise remedy
all deterioration, all conditions that cause deterioration, and all unsafe conditions
identified in such condition assessment report pursuant to paragraphs (2) and (3) of
subdivision (f). All repairs and remedies shall comply with the applicable provisions
of the Uniform Code. This section shall not limit or impair the right of the Town of
Southold to take any other enforcement action, including but not limited to
suspension or revocation of a parking garage's operating permit, as may be
necessary or appropriate in response to the information in a condition assessment
report.
H The Town of Southold shall retain all condition assessment reports for the life of the
parking garage. Upon request by a professional engineer who has been engaged to
perform a condition assessment of a parking garage, and who provides the Town of
Southold with a written statement attesting to the fact that he or she has been so
engaged, the Town of Southold shall make the previously prepared condition
assessment reports for such parking garage (or copies of such reports) available to
such professional engineer. The Town of Southold shall be permitted to require the
owner or operator of the subject parking garage to pay all costs and expenses
associated with making such previously prepared condition assessment reports (or
copies thereof) available to the professional engineer.
I This section shall not limit or impair the right or the obligation of the Town of
Southold:
(1) to perform such construction inspections as are required by section 5
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(Construction Inspections) of this chapter;
(2) to perform such periodic fire safety and property maintenance inspections as
are required by section 144-12 (Fire Safety and Property Maintenance
Inspections) of this chapter; and/or
(3) to take such enforcement action or actions as may be necessary or
appropriate to respond to any condition that comes to the attention of the
Town of Southold by means of its own inspections or observations, by means
of a complaint, or by any other means other than a condition assessment or a
report of a condition assessment.
�144-21 - NOTIFICATION REGARDING FIRE OR EXPLOSION.
The chief of anv fire department providing firefighting services for a property within this
Town of Southold shall promptly notify the Building Inspector of any fire or explosion
involving any structural damage, fuel burning appliance, chimney, or gas vent.
§ 144-22 UNSAFE BUILDINGS, STRUCTURES,AND EQUIPMENT AND
CONDITIONS OF IMMINENT DANGER
Unsafe buildings, structures, and equipment and conditions of imminent danger in this
Town of Southold shall be identified and addressed in accordance with the procedures
established by Chapter 100 of the Town Code, as now in effect or as hereafter amended
from time to time.
�144-23 FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS
A Inspections required. Fire safety and property maintenance inspections of buildings
and structures shall be performed by the Building Inspector or a Code Enforcement
Officer designated by the Building Inspector at the following intervals:
(1) at least once every twelve (12) months for buildings which contain an
assembly area;
(2) at least once every twelve (12) months for public and private schools and
colleges, including any buildings of such schools or colleges containing
classrooms, dormitories, fraternities, sororities, laboratories, physical
education, dinin!, or recreational facilities; and
(3) at least once every thirty-six (36) months for multiple dwellings and all
nonresidential occupancies.
B Remote inspections. At the discretion of the Building Inspector or Inspector
authorized to perform fire safety and property maintenance inspections, a remote
inspection may be performed in lieu of in-person inspections when, in the opinion of
the Building Inspector or such authorized Inspector, the remote inspection can be
performed to the same level and quality as an in-person inspection and the remote
inspection shows to the satisfaction of the Building Inspector or such authorized
Inspector that the premises conform with the applicable provisions of 19 NYCRR
Part 1225 and the publications incorporated therein by reference and the applicable
provisions of 19 NYCRR Part 1226 and the publications incorporated therein by
reference. Should a remote inspection not afford the Building Inspector or such
authorized Inspector sufficient information to make a determination, an in-person
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inspection shall be performed.
C Inspections permitted. In addition to the inspections required by subdivision (a) of
this section, a fire safety and property maintenance inspection of any building,
structure, use, or occupancy, or of any dwelling unit, may also be performed by the
Building Inspector or an Inspector authorized to perform fire safety and property
maintenance inspections at any time upon:
(1) the request of the owner of the property to be inspected or an authorized
agent of such owner;
(2) receipt by the Building Inspector of a written statement alleging that
conditions or activities failing to comply with the Uniform Code or Energy
Code exist; or
(3) receipt by the Building Inspector of any other information, reasonably
believed by the Building Inspector to be reliable, giving rise to reasonable
cause to believe that conditions or activities failing to comply with the
Uniform Code or Energy Code exist; provided, however, that nothing in this
subdivision shall be construed as permitting an inspection under any
circumstances under which a court order or warrant permitting such
inspection is required, unless such court order or warrant shall have been
obtained.
D OFPC Inspections. Nothing in this section or in anv other provision of this chapter
shall supersede, limit, or impair the powers, duties and responsibilities of the New
York State Office of Fire Prevention and Control ("OFPC") and the New York
State Fire Administrator or other authorized entity under Executive Law section
156-e and Education Law section 807-b. Notwithstanding any other provision of
this section to the contrary, the Building Inspector may accept an inspection
performed by the Office of Fire Prevention and Control or other authorized entity
pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of
the Executive Law,in lieu of a fire safety and property maintenance inspection
performed by the Building Inspector or by an authorized Inspector, provided that:
(1) the Building Inspector is satisfied that the individual performing such
inspection satisfies the requirements set forth in 19 NYCRR section
1203.2(e);
(2) the Building Inspector is satisfied that such inspection covers all elements
required to be covered by a fire safety and property maintenance inspection;
(3) such inspections are performed no less frequently than once a vear;
(4) a true and complete copy of the report of each such inspection is provided to
the Building Inspector; and
(5) upon receipt of each such report, the Building Inspector takes the
appropriate action prescribed by section 17 (Violations) of this chapter.
E Fee. The fee specified in or determined in accordance with the provisions set forth in
section 18 (Fees) of this chapter must be paid prior to or at the time each inspection
performed pursuant to this section. This subdivision shall not apply to inspections
performed by OFPC.
4144-24- COMPLAINTS
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The Building Inspector shall review and investigate complaints which allege or assert the
existence of conditions or activities that fail to comply with the Uniform Code, the Energy
Code, this chapter, or any other chapter, ordinance or regulation adopted for
administration and enforcement of the Uniform Code or the Energy Code.
The process for responding to a complaint shall include such of the following steps as the
Building Inspector may deem to be appropriate:
(1) performing an inspection of the conditions and/or activities alleged to be in
violation, and documenting the results of such inspection;
(2) if a violation is found to exist, providing the owner of the affected property
and any other Person who may be responsible for the violation with notice of
the violation and opportunity to abate, correct or cure the violation, or
otherwise proceeding in the manner described in section 144-26 of this
chapter;
(3) if appropriate, issuing a Stop Work Order;
(4) if a violation which was found to exist is abated or corrected, performing an
inspection to ensure that the violation has been abated or corrected,
preparing a final written report reflecting such abatement or correction, and
filing such report with the complaint.
§ 144--20 25 - Compliance required; penalties for offenses.
A. >
move, r-emove, demolish, equip, use oF oeeupy oF maintain any building oF stFuetuFe oF
portion thereof in violation of a I . . . is of this ehapter, or to fail in any manner to
use and occupy any building oF structur-e or- part thereof in a manner not permitted by an
approved building permit oir eer-fifleate of oeeupaney.
A Orders to Remedy. The Building Inspector is authorized to order in writing the
remedying of any condition or activity found to exist in, on or about any building,
structure, or premises in violation of the Uniform Code, the Energy Code, or this
chapter. An Order to Remedy shall be in writing; shall be dated and signed by the
Building Inspector, shall specify the condition or activity that violates the Uniform
Code, the Energy Code, or this chapter; shall specify the provision or provisions of
the Uniform Code, the Energy Code, or this chapter which is/are violated by the
specified condition or activity; and shall include a statement substantially similar to
the following: "The person or entity served with this Order to Remedy must
completely remedy each violation described in this Order to Remedv by [specify
date], which is thirty (30) days after the date of this Order to Remedy." The Order
to Remedy may include provisions ordering the person or entity served with such
Order to Remedv (1) to begin to remedy the violations described in the Order to
Remedy immediately, or within some other specified period of time which may be
less than thirty (30) days; to continue diligently to remedy such violations until each
such violation is fully remedied; and, in any event, to complete the remedying of all
such violations within thirty (30) days of the date of such Order to Remedv; and/or
(2) to take such other protective actions (such as vacating the building or
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April 11, 2023
Southold Town Board Board Meeting
barricading the area where the violations exist) which are authorized by this
chapter or by any other applicable statute, regulation, rule, chapter or ordinance,
and which the Building Inspector may deem appropriate, during the period while
such violations are being remedied. The Building Inspector shall cause the Order to
Remedy, or a copy thereof, to be served on the owner of the affected property
personally or by registered mail or certified mail within five (5) days after the date
of the Order to Remedy. The Building Inspector shall be permitted,but not
required, to cause the Order to Remedy, or a copy thereof, to be served on any
builder, architect, tenant, contractor, subcontractor, construction superintendent,
or their agents, or any other person taking part or assisting in work being
performed at the affected property personally or by registered mail or certified mail
within five(5) days after the date of the Order to Remedy; provided, however, that
failure to serve any Person mentioned in this sentence shall not affect the efficacy of
the Compliance Order.
B Appearance Tickets. The Building Inspector and each Inspector are authorized to
issue appearance tickets for any violation of the Uniform Code.
C Penalties. In addition to such other penalties as may be prescribed by State law,
For each offense against any provisions of the Uniform Code, Energy Code, or of
this chapter, or any regulations made pursuant thereto, or failure to comply with a
written notice or order of any Building Inspector within the time fixed for
compliance therewith, the owner, occupant, builder, architect, contractor or their
agents or any other person who commits, takes part or assists in the commission
of any such offense or who shall fail to comply with a written order or notice of
any Building Inspector shall, upon a first conviction thereof, be guilty of a
violation punishable by a fine not to exceed$5,000 or imprisonment for a period
not to exceed 15 days, or both. Each day on which such violation shall occur shall
constitute a separate, additional offense. For a second and subsequent conviction
within 36 months thereafter, such person shall be guilty of a violation punishable
by a fine not to exceed$10,000 or imprisonment for a period not to exceed 15
days, or both such fine and imprisonment.
It shall be unlawful for any person, firm or corporation to erect a tent in violation
of the provisions of this chapter, or to fail in any manner to comply with a notice,
directive or order of the Building Inspector or Code Enforcement Official; the
owner, occupant, or their agents or other person who commits any such offense
shall, upon first conviction thereof, be guilty of a violation punishable by a fine
not to exceed $1,000. Each day on which such violation shall occur shall
constitute a separate, additional offense. For a second and subsequent conviction
within 36 months thereafter, such person shall be guilty of a violation punishable
by a fine not to exceed $2,500.
D Iniunctive Relief. An action or proceeding may be instituted in the name of this
Town of Southold, in a court of competent jurisdiction, to prevent, restrain, enjoin,
correct, or abate any violation of, or to enforce, any provision of the Uniform Code,
the Energy Code, this chapter, or any term or condition of any Building Permit,
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April 11 2023
Southold Town Board Board Meeting
Certificate of Occupancy, Certificate of Compliance, Temporary Certificate, Stop
Work Order, Operating Permit, Order to Remedy, or other notice or order issued
by the Building Inspector pursuant to any provision of this chapter. In particular,
but not by way of limitation, where the construction or use of a building or structure
is in violation of any provision of the Uniform Code, the Energy Code, this chapter,
or any Stop Work Order, Order to Remedy or other order obtained under the
Uniform Code, the Energy Code or this chapter, an action or proceeding may be
commenced in the name of this Town of Southold,in the Supreme Court or in any
other court having the requisite jurisdiction, to obtain an order directing the
removal of the building or structure or an abatement of the condition in violation of
such provisions. No action or proceeding described in this subdivision shall be
commenced without the appropriate authorization from the Town Board of this
Town of Southold.
E Remedies Not Exclusive. No remedv or penalty specified in this section shall be the
exclusive remedy or remedv available to address any violation described in this
section, and each remedy or penalty specified in this section shall be in addition to,
and not in substitution for or limitation of, the other remedies or penalties specified
in this section, in section 144-13 (Stop Work Orders) of this chapter, in any other
section of this chapter, or in any other applicable law. Any remedy or penalty
specified in this section may be pursued at any time,whether prior to,
simultaneously with, or after the pursuit of any other remedy or penalty specified in
this section, in section 144-13 (Stop Work Orders) of this chapter,in any other
section of this chapter, or in any other applicable law. In particular, but not by way
of limitation, each remedy and penaltv specified in this section shall be in addition
to, and not in substitution for or limitation of, the penalties specified in subdivision
(2) of section 382 of the Executive Law, and any remedy or penalty
specified in this section may be pursued at any time, whether prior to,
simultaneously with, or after the pursuit of any penalty specified in subdivision (2)
of section 382 of the Executive Law.
§ 144-24-26 - Abatement of violations.
Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful
construction or to restrain, correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises or to prevent illegal acts, conduct or business in or about any
premises; and those remedies shall be in addition to the penalties prescribed in the preceding
section.
§144-27- INTERMUNICIPAL AGREEMENTS
The Town Board of this Town of Southold may,by resolution, authorize the Town of
Southold to enter into an agreement, in the name of this Town of Southold,with other
governments to carry out the terms of this chapter, provided that such agreement does not
violate any provision of the Uniform Code, the Energy Code, Part 1203 of Title 19 of the
NYCRR, or any other applicable law.
III. SEVERABILITY
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April 11, 2023
Southold Town Board Board Meeting
If any clause, sentence,paragraph, section, or part of this Chapter shall be adjudged by any court
of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a
whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Chapter shall take effect immediately upon filing with the Secretary of State as provided by
law.
✓Vote Record-Resolution RES-2023-366
El Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Mover Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑
❑ Rescinded
,Till Doherty Seconder Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hb vys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-367
CATEGORY. Budget Modification
DEPARTMENT. Accounting
2023 Budget Modification- Capital(DPW)
Financial Impact:
Transfer Park&Playground funds to cover Recreation Center HVAC replacement
WHEREAS the Town Board of the Town of Southold adopted a 2020 Capital Budget which
includes an appropriation for the replacement of the HVAC system at the recreation center, and
WHEREAS the Town's Capital Budget process requires a resolution to formally establish
Capital Budget items in the Capital Fund, and
WHEREAS the project as planned requires the initial plus some additional funding, now
therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes the
establishment of the following Capital Projects and amends the Capital Budget as follows:
Capital Project Name: Recreation Center HVAC Replacement
Financing Method: Transfer from Park& Playground Funds
Page 68
April 11, 2023
Southold Town Board Board Meeting
Budget: Revenues:
H.5031.54 Interfund Transfers,
Park&Playground $54,000
Total $54,000
Appropriations:
H.1620.2.300.200 Buildings & Grounds, Capital Outlay
Recreation Center Improvements $54,000
Total $54,000
Increase Revenues:
CR.5990.00 Appropriated Fund Balance $54,000
Total $54,000
Increase Expenditures:
CR.9901.9.000.100 Transfer to Capital $54,000
Total $54,000
✓Vote Record-Resolution RES-2023-367
Rl Adopted
❑ Adopted as Amended
❑ Defeated.
Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Mover El El El El
❑ Supervisor's Appt Greg Doroski Voter El ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder El ❑ ❑ ❑
❑ Rescinded Jill Doherty Voter 2 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-368
CATEGORY: Employment- Town
DEPARTMENT. Accounting
Approves a Military Leave ofAbsence Employee #8227
RESOLVED that the Town Board of the Town of Southold hereby approves a military leave
of absence to employee # 8227 effective April 1 2023 through September 30 2023.
✓Vote Record-Resolution RES-2023-368
0 Adopted
Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended
❑ Defeated Sarah E.Nappa Voter Q ❑ ❑ ❑
Page 69
April 11, 2023
Southold Town Board Board Meeting
❑ Tabled Greg Doroski Voter 0 ❑ ❑ ❑
❑ Withdrawn Brian O.Mealy Mover 0 ❑ ❑ ❑
❑ Supervisor's Appt Jill Doherty Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Rescinded Scott A.Russell Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-369
CATEGORY. Local Law Public Hearing
DEPARTMENT: Town Attorney
Ph 5123 4:30 Pm Chapter 17 Community Housing Fund
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New
York, on the 1 lt'day of April, 2023, a Local Law entitled "A Local Law Amending Chapter 17
(Community Preservation Fund)in Relation to Creating a Community Housing Fund to be Funded
by a 0.5% Supplemental Real Estate Transfer Tax"now, therefore,be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 23rd day of May,
2023 at 4:30 PM. at which time all interested persons will be given an opportunity to be heard.
The proposed Local Law"Amending Chapter 17(Community Preservation Fund)in Relation to
Creating a Community Housing Fund to be Funded by a 0.5% Supplemental Real Estate Transfer
Tax"reads as follows:
LOCAL LAW NO. OF 2023
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
Chapter 17 Community Preservation Fund and Community Housing Fund
Article IV Real Estate Transfer Tax
§ 17-25 Additional exemptions.
A. There shall be allowed an exemption of$200,000 on the consideration of the conveyance of
improved real property or an interest therein.
B. There shall be an exemption of$75,000 on the consideration of the conveyance of
unimproved real property or an interest therein.
Page 70
April 11, 2023
Southold Town Board Board Meeting
C. There shall be allowed an exemption for a first-time homebuyer where the purchase price of
the primary residential property is within 80% of the purchase price limits defined by the
State of New York Mortgage Agency(SONYMA) Low Interest Rate Mortgage Program in
the nontarget one-family categories for Suffolk County in effect on the contract date for the
sale of such property and the homebuyer's household income does not exceed the income
limits defined by SONYMA's Low Interest Rate Mortgage Program in the nontarget, one-
and two-person household category for Suffolk County in effect on the contract date for the
sale of such property.
D. The exemption granted pursuant to the provisions of Subsections A and B of this
subsection shall only apply to conveyances for residential property where the
consideration is $2,000,000 or less
II. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
III. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
✓Vote Record-Resolution RES-2023-369
0 Adopted
❑ Adopted as Amended
❑ Defeated
Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter R ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Voter Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Rescinded Jill Doherty Mover 10 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt H,-wys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-370
CATEGORY. Bid Acceptance
DEPARTMENT. Town Clerk
Accept Bid for Recreation Center HVAC
Financial Impact:
HVAC recreation center
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Star
Mechanical for the removal and installation of a HVAC system at the Southold Town Recreation
Page 71
April 11, 2023
Southold Town Board Board Meeting
Center in the amount of$54,000.00 per bid received April 6, 2023, all in accordance with the
Town Attorney
approval.
✓Vote Record-Resolution RES-2023-370
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter 0 ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Mover 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Supt Hgtvys Appt Scott A.Russell Voter 0 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-371
CATEGORY: Attend Seminar
DEPARTMENT. Building Department
2023 Training
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Fire
Marshal Fred Visser to attend Fireworks training in Selden, on April 22, 2023. All expenses for
registration and travel to be a legal charge to the 2023 Building Department budget
(B.3620.4.600.200 meetings and seminars).
✓Vote Record-Resolution RES-2023-371
0 Adopted
❑ Adopted as Amended
❑ Defeated.
Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Mover 0 ❑ El El
❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter 0 ❑ ❑ ❑
❑ Rescinded Jill Doherty Seconder 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑
❑ No Action
❑ Lost
Page 72
April 11, 2023
Southold Town Board Board Meeting
2023-372
CATEGORY: Legal
DEPARTMENT: Town Attorney
Employee Suspension
RESOLVED that the Town Board hereby authorizes the suspension of Town Employee #9505,
including without pay for up to 30 days,pending the final determination of the Town Law
Section 155/Civil Service Law Section 75 charges that were previously served upon him.
✓Vote Record-Resolution RES-2023-372
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Seconder Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Mover Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-373
CATEGORY: Authorize to Bid
DEPARTMENT: Town Clerk
Authorize RFP for Carroll Avenue Property-Affordable Housing
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk's office to advertise for RFP's for the Carroll Avenue Affordable housing parcel in
Peconic 5 acre.
✓Vote Record-Resolution RES-2023-373
Q Adopted
❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent
❑ Defeated
Sarah E.Nappa Seconder Q ❑ ❑ ❑
❑ Tabled
Greg Doroski Voter Q ❑ ❑ ❑
❑ Withdrawn
Q ❑ El El
Supervisor's Appt Brian O.Mealy Voter
❑ Tax Receiver's Appt Jill Doherty Mover Q ❑ ❑ ❑
El Rescinded Louisa P.Evans Voter ElQ El El
❑ Town Clerk's Appt Scott A.Russell Voter ❑ Q ❑ ❑
❑ Supt Hgwys Appt
❑ No Action
Page 73
April 11, 2023
Southold Town Board Board Meeting
❑ Lost
2023-374
CATEGORY: Authorize to Bid
DEPARTMENT. Town Clerk
Authorize RFP for Carroll Avenue Property Recreation
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk's office to advertise for RFP's for the recreation parcel of the Carroll Avenue
property.
✓Vote Record-Resolution RES-2023-374
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain _ Absent
❑ Tabled
Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Mover Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Rescinded Jill Doherty Voter Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-375
CATEGORY: Legal
DEPARTMENT. Town Clerk
Rescind and Cancel Contract with.Sports East LLC
RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2022-
114, adopted at the January 18, 2022 regular Town Board meeting, which read as follows and
cancels the contract for the purchase of said parcel to Paul Pawlowski that was authorized by this
resolution:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute the Non-Binding Letter of Intent with Sports East LLC in
connection with the Purchase of 1080 Carroll Avenue, Peconic SCTM# 1000-75.-1-6 and any
additional documentation required in furtherance of the contemplated transaction, subject to the
approval of the Town Attorney.
Page 74
April 11, 2023
Southold Town Board Board Meeting
✓Vote Record-Resolution RES-2023-375
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Mover 0 El El
❑ Supervisor's Appt Greg Doroski Voter 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder 0 ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter 0 ❑ ❑ ❑
❑ Supt Hpvys Appt Scott A.Russell Voter 0 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-376
CATEGORY. Legal
DEPARTMENT. Trustees
Set Trustee Fees
RESOLVED that the Town Board of the Town of Southold hereby sets the Trustees fee
schedule as follows:
TRUSTEES FEE SCHEDULE
Applications to the Board of Trustees for any relief herein shall be accompanied by a fee as
hereinafter provided:
1. Every non-administrative application for a wetlands permit filed with the office of the
Trustees shall be accompanied by a filing fee of Q40$1,250, which includes the first site
visit, no portion of which shall be refundable. The fee for an administrative permit shall
be-�-1-99-$250. For activities or operations that have been previously built without a
permit, the fee will be doubled. If a preapplication site visit is requested, the fee shall be
W $150, which may be applied to an application fee for a wetlands permit made within
six months of the site visit and which application involves activities that were the subject
of the site visit.
2. In addition to the filing fee, the Trustees, upon the adoption of a resolution authorizing
the issuance of a permit, shall determine the amount of the inspection fees to be paid by
the applicant to the Clerk upon the issuance of a permit. Inspection fee costs will be
based on S50 per site visit, i.e. final inspection, silt fence inspection, etc .
3 Pursuant to New York State law, all costs incurred by the Town for SEQRA review shall
be paid by the applicant.
4. Consultant fee. The Board, at its discretion, depending on the scale and potential impact
of proposed operations, is authorized to require the posting of a consultant fee by an
applicant. This fee shall be used to hire an independent, expert consultant to investigate
Page 75
April 11, 2023
Southold Town Board Board Meeting
the site for the proposed project and to examine the plans or other information submitted
by the applicant to assist the Board in evaluating potential adverse impacts upon a
resource area by the proposed project. The Board, in its discretion, will determine
whether the complexity of the activity, the difficulty in determining the threat to the
resource areas or the size of the request or project involves and requires more information
and analysis than can reasonably be supplied to the Board without independent technical
professional assistance.
(1) The Board may require the payment of the consultant fee at any time in the
deliberations prior to a final decision.
(2) The consultant fee may be required for expert opinion regarding, but not limited
to, wetland resource area surveys and delineations, analysis of resource area
values, wetland resource area reports, hydrological and drainage analysis, wildlife
habitat analysis, shellfish surveys, and environmental land use law, or any of the
following:
(a) Placement, removal or grading of at least 50 cubic yards of material;
(b) Five hundred square feet or greater alteration of a resource area•,
(c) Shoreline or bank alteration to a coastal or inland waterway;
(d) Five hundred square feet or greater alteration to land in a naturally
vegetated condition that constitutes a resource buffer area.
(e) Discharge of any pollutants into or contributing to surface or groundwater
of the resource area;
(f) Construction of any stormwater control facility, or water control structure.
5. Fixed Dock/Ramp/Float Fees - $3.00 per sq. ft
6. Dredging fee - $10.00 per cubic yard
7. Coastal Erosion Permit Application- $1,250.00
8. Permit Amendment Application- $100.00
9. One Year Extension Application- $100.00
10. Permit Transfer to New Owner Name Permit Application - $100.00
11. Duck Blind Application - $25.00
12. Duck Blind Annual Renewal Application - $50.00
13. Mooring or Stake &Pulley System Application - $50.00
14. Annual Mooring Renewal Application with vessels up to 19 ft - $500.00
15. Annual Mooring Renewal Application with vessels from 20 ft to 27 ft- $750.00
16. Annual Mooring Renewal Application with vessels from 28 ft to 35 ft- $1,000.00
17. Annual Stake &Pulley System Renewal Application for vessels up but no larger than
18ft- $150.00
18. Permit As-Built Application- Double Application fees
19. Annual Coastal Contractor License - $100.00
✓Vote Record-Resolution RES-2023-376
0 Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Defeated Greg Doroski Seconder 10 ❑ ❑ ❑
❑ Tabled Brian O.Mealy Mover Q ❑ ❑ ❑
❑ Withdrawn Jill Doherty Voter 10 ❑ ❑ ❑
❑ Supervisor's Appt Louisa P.Evans Voter 10 ❑ ❑ ❑
❑ Tax Receiver's Appt Scott A.Russell Voter 10 ❑ ❑ ❑
Page 76
April 11, 2023
Southold Town Board Board Meeting
❑ Rescinded
❑ Town Clerk's Appt
❑ Supt Hgwys Appt
❑ No Action
❑ Lost
2023-377
CATEGORY: Employment- Town
DEPARTMENT. Accounting
Accepts Resignation of Wendy Scholl
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Wendy Scholl from the position of Part Time Food Service Worker for the Human Resource
Center effective April 11, 2023.
✓Vote Record-Resolution RES-2023-377
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Voter El El El El
❑ Supervisor's Appt Greg Doroski Seconder El ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter El ❑ ❑ ❑
❑ Rescinded Jill Doherty Mover Z ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter 10 ❑ ❑ ❑
❑ No Action
❑ Lost
2023-378
CATEGORY: Contracts, Lease &Agreements
DEPARTMENT. Town Attorney
L. K. McLean Associates, P.C. Agreement LSWMP
Financial Impact:
SR.8160.4.400.100
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute a Professional Services Agreement with L.K. McLean
Associates, P.C. for an amount not to exceed $14,280.00 for the creation and submission of the
Town of Southold Local Solid Waste Management Plan (LSWMP) -Required Biennial
Page 77
April 11, 2023
Southold Town Board Board Meeting
Compliance Report, Due May 1, 2023 for 2021-2022,per 6 NYCRR 366-5.1,
SR.8160.4.400.100) subject to the approval of the Town Attorney.
✓Vote Record-Resolution RES-2023-378
0 Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled
❑ Withdrawn Sarah E.Nappa Voter Q ❑ ❑ ❑
❑ Supervisor's Appt Greg Doroski Mover 0 ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder ❑✓ ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter ❑✓ ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
2023-379
CATEGORY. Local Law Public Hearing
DEPARTMENT: Town Attorney
PH 4125 4:30 Pm Chapter 96 Boats, Docks and Wharfs
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the llth day of April, 2023, a Local Law entitled"A Local Law in
Relation to Amending Chapter 96 Boats, Docks and Wharves" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold,New York, on the 251h
day of April, 2023 at 4:30 p.m. at which time all interested persons will be given an opportunity
to be heard.
The proposed Local Law entitled, "A Local Law in Relation to Amending Chapter 96 Boats,
Docks and Wharves"reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, ""A Local Law in Relation to Amending Chapter 96 Boats,Docks
and Wharves""
BE IT ENACTED by the Town Board of the Town of Southold as follows:
1. PURPOSE.
The purpose of the amendment is to amend Chapter 96
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April 11, 2023
Southold Town Board Board Meeting
II. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
Chapter 96- Boats, Docks and Wharves
Article III- Boats
§ 96-7 Definitions.
For the purpose of this article, the terms used herein are defined as follows:
ANCHOR- To secure a vessel to the bottom by employing an anchor which is removed from
the bottom every time the vessel is underway.
BOAT (VESSEL) - . Every description of watercraft or
artificial contrivance used or capable of being used as a means of transportation on water.
§ 96-8 Sanitary regulations.
The dumping of oil, fefitse, gai7bage, sewage of waste is pfehibite
A. Discharge of toilets is prohibited in the waters of the Town of Southold.
B. Dumping or discharging petroleum products, refuse, garbage or waste, either liquid or
solid, or emptying swimming pools in the waters and wetlands of the Town of Southold
is prohibited.
C. Discharge into waters and wetlands.
The installation, construction or maintenance of any discharge device, discharge
system or gravity-dependent outflow pipe that is determined to be permanent
ancillary component of any area, use or structure which effects the discharge of
swimming pool effluent, stormwater runoff or any other liquid effluent into the
surface waters or wetlands of the Town of Southold by any property owner,
swimming pool maintenance company, home improvement contractor or any
other agent of a property owner shall be deemed a violation of this chapter.
§ 96-12 Water-skiers.
A. No person shall operate a vessel for towing a person on water skis, a surfboard, inflatable,
parasail or similar device unless there is in such boat or vessel a person, other than the
operator, of at least 10 years of age, in a position to observe the progress of the person being
towed.
B. No person shall ,.,eater skis a ffbo,-Fd of si i d€viee, efate a boa4te
be towed on water skis or a surfboard, inflatable, parasail or similar device or
use or operate a boat to tow a person thereon between the period from sunset to one
hour after sunrise or during periods of limited visibility.
C. Permitted areas.
{� No person shall f4e be towed on water skis, surfboard, inflatable, parasail, or
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April 11, 2023
Southold Town Board Board Meeting
similar device or use or operate a boat to tow a person thereon in any channel or
within 150 feet of any public or semipublic bathing beach or public dock or within
50 feet of any swimmer or bather or moving or anchored boat, nor shall any such
persons engaged in such activities come within 300 feet of the shoreline unless they
approach or depart perpendicularly to or from the shoreline solely for the purpose of
commencing or ending the ride.
D. No person shall be towed on water skis, surfboard, inflatable parasail or similar device, or
use or operate a boat to tow a person thereon, unless such person is wearing a Coast
Guard approved personal flotation device of Type I, II or III.
§ 96-14 Equipment.
C. In addition to the penalties provided for in this chapter, the Harbor Master
has the authority to take the following actions for violations in this section:
(1) Direct the operator to proceed to a dock or anchorage.
(2) Suspend further use of the boat until the condition is corrected.
§ 96-15 Operators.
A. No person under the age of 18 years shall operate a ,ti,o,.hanieally.,,.opel o,a motorized
vessel on the navigable waters of the Town Southold unless:
(1) The operater wko is undef the age of 19 year The operator who is under the age
of 18 is accompanied therein by a person who is 18 years of age or older and is a
holder of a boating safety certificate issued by the New York State
Commissioner of Parks, Recreation and Historic Preservation, the United
States Power Squadrons, the United States Coast Guard Auxiliary, or the
United States Sailing Association for a Power Boating Course approved by
the Commissioner or
(2) The operator is 10 years of age or older and is the holder of a boating safety
certificate issued to him by the r , ; ;or of the Offiee of P ,,, �a
ReeFe is of the St e ,.fNew York,New York State Commissioner of Parks,
Recreation and Historic Preservation,
NaN4gatiati Law. The United States Power Squadrons, the United States Coast
Guard Auxiliary, or the United States Sailing Association for a Power
Boating Course approved by the Commissioner.
B. The failure of a person specified in § 96-15A(2)hereof to exhibit a boating safety course
certificate upon demand to any peace officer, police officer or other^ram person having
authority to enforce the provisions of this chapter shall be presumptive evidence that such
person is not the holder of such certificate.
C. No person who is the owner of a motor-boa motorized vessel shall knowingly authorize or
permit 4+e operation in violation of section 96-15 of this Chapter. the fee f w les- :
(1) The opefatef is 19 yea-r-s of age or- oldef;
(2) The opefatef, who is tmder-the age of 18 is aeeempanied tlier-ein by a pefsen 18
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April 11, 2023
Southold Town Board Board Meeting
Reerefrtion of tax. State of New vo fk
D. No person shall operate a vessel while in an intoxicated condition or while his ability to
operate such a vessel is impaired by the consumption of alcohol or by the use of a drug.
E. All commercial jet ski or commercial windsurfing operators shall provide a patrol boat
(other than a jet ski or windsurfer) which must be operational and manned at all times for
the purpose of controlling their clientele.
F. All commercial jet ski and windsurfer operators shall require their clientele to wear United
States Coast Guard approved personal flotation devices of Type I, II or III.
G. Small sailboats, commonly known as "windsurfers," are prohibited in the following areas:
(1) Within 500 feet of Mattituck Inlet.
(2) Within 100 feet of swimlines.
Article V -Administration and Enforcement
§ 96-30 Enforcing officer.
It shall be the duty of the Bay Consta Harbor Master to
administer and enforce the provisions of this chapter.
§ 96-31 Notice of violation.
A. Whenever the Bay G nst Harbor Master has reasonable grounds to believe that
operations regulated hereby are being conducted in violation of the provisions of this
chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the
owner of the property or the owner's agent or the person performing such operations to
suspend all operations, and any such person shall forthwith cease operations until such
notice of violation has been rescinded.
B. Such notice shall be in writing, shall specify the violation and shall state the conditions
which must be complied with and the time within which compliance must be completed
before operations may be resumed. Such notice shall also inform the person to whom it is
directed of his right to apply for a hearing before the Board of Trustees of the Town of
Southold, as hereinafter provided.
C. Such notice shall be served upon the person to whom it is directed by delivering it to him
personally or by posting the same in a conspicuous place on the premises where operations
are being conducted and mailing a copy thereof to such person by certified mail to his last
known address.
D. The Bay Gensta Harbor Master may extend the time of compliance specified in the
notice of violation where there is evidence of intent to comply within the time specified and
conditions exist which prevent immediate compliance.
E. In the event that the person upon whom a notice of violation has been served shall fail to
comply with said notice within the time specified therein or within the time specified in any
extension of time issued by the Bay Consta Harbor Master, any permit issued to such
person pursuant to this chapter shall be deemed revoked.
F. It shall be unlawful for any person served with a notice of violation pursuant to § 96-31C to
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April 11, 2023
Southold Town Board Board Meeting
fail to comply with such notice.
§ 96-33 Compliance required; penalties for offenses.
A. It shall be unlawful for any owner, occupant, builder, architect, contractor or their agents or
any person to fail to comply with any provisions of this chapter or to fail in any manner to
comply with a written notice, directive or order of the Bay Gonsta Harbor Master or to
conduct any operation in a manner not in compliance with a permit issued pursuant to this
chapter.
B. For every offense against any of the provisions of this chapter or any regulations made
pursuant thereto or failure to comply with a written notice or order of the Bay Gansta
Harbor Master within the time fixed for compliance therewith, the owner, occupant,
builder, architect, contractor or their agents or any other person who commits, takes part or
assists in the commission of any such offense or who shall fail to comply with a written
order or notice of the Bay Gansta>,io Harbor Master shall, upon conviction thereof,be
guilty of a violation punishable by a fine not to exceed $500 or by imprisonment for a
period not to exceed six months, or by both such fine and imprisonment. Each day's
continued offense shall constitute a separate, additional violation.
C. In addition to the above-provided penalties, the Town may also maintain an action or
proceeding in a court of competent jurisdiction to compel compliance with or to restrain by
injunction the violation of this chapter.
III. SEVERABILITY
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
✓Vote Record-Resolution RES-2023-379
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye___ No/Nay Abstain _ Absent
❑ Tabled
El Withdrawn Sarah E.Nappa Mover Q ❑ El El
❑ Supervisor's Appt Greg Doroski Voter Rl ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Seconder Q ❑ ❑ ❑
❑ Rescinded
Jill Doherty Voter 0 ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt
Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
Page 82
April 11, 2023
Southold Town Board Board Meeting
2023-380
CATEGORY. Enact Local Law
DEPARTMENT. Town Clerk
Enact LL Chapter 75 Alarms
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 28ffi day of March, 2023, a Local Law entitled"A Local Law in
relation to an Amendment to Chapter 75, Alarm Systems" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons were given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to an Amendment to Chapter 75,Alarm Systems"
which reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 75,Alarm
Svstems"
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose.
The purpose of this chapter is to exempt all Fire Departments located in the Town of Southold
from all alarm fees.
Il. Amendment.
The Southold Town Code is hereby amended by removing the struck through words and adding
the underlined words as follows:
Chapter 75, Alarm Systems
75-2 Definitions.
For the purpose of this chapter, the following definitions shall apply:
FIRE DEPARTMENTS
Buildings owned by the fire districts of Orient, East Marion, Southold, Cutchogue,
Mattituck .
75-4 Fees.
Permit fees shall be as follows:
B. Fire Departments shall be exempt from all fees
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April 11, 2023
Southold Town Board Board Meeting
75-6 Charges for false alarms; rules and regulations.
A. Any owner or lessee of property having a fire or police alarm device or system of fire or
police alarm devices on his or its premises, with the exception of all Fire Departments, on
the effective date of this chapter shall pay to the Town a charge for each and every false
emergency alarm to which the Fire or Police Department responds, in each calendar year, as
follows:
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided
by law.
✓Vote Record-Resolution RES-2023-380
Q Adopted
❑ Adopted as Amended
❑ Defeated Yes/Aye No/Nay Abstain Absent
❑ Tabled .. ..... .... .... ...
Sarah E.Nappa Voter Q El ❑ ❑
❑ Withdrawn
❑ Supervisor's Appt Greg Doroski Mover Q ❑ ❑ ❑
❑ Tax Receiver's Appt Brian O.Mealy Voter Q ❑ ❑ ❑
❑ Rescinded Jill Doherty Seconder Q ❑ ❑ ❑
❑ Town Clerk's Appt Louisa P.Evans Voter Q ❑ ❑ ❑
❑ Supt Hgwys Appt Scott A.Russell Voter Q ❑ ❑ ❑
❑ No Action
❑ Lost
VI. Public Hearings
1. PH 4/11 7:00 Pm LL Chapter 75, Alarm Systems
RESULT: CLOSED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Sarah E. Nappa, Councilwoman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Page 84