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Home My WebLink AboutTB-06/01/2004SOUTHOLD TOWN BOARD REGULAR MEETING June 1, 2004 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, June 1, 2004 at the Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with the Pledge of Allegiance to the Flag. Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Councilman John M. Romanelli SUPERVISOR HORTON: Welcome to the June 1, 2004 meeting of the Southold Town Board, would you please rise and join with me in the Pledge of Allegiance. Thank you for joining us. We encourage public comment and there are several portions over the course of the evening in which the public has the opportunity to comment to the Town Board; prior to voting on any of the resolutions, we offer the floor to the public to comment on specific resolutions, we also, at the conclusion of voting on the resolutions we offer the floor to the public to address the Board on general town business. This evening as well, we do have a public hearing and we offer the floor to the public to comment on that specific public hearing. We have public notices, reports and communications available for the public to review at the Town Clerk's Office, which is open Monday through Friday, 8:00 A.M. and 4:00 P.M., and you can just stop by there and ask to review whatever specific item you wish to. With that being said, ! think we should move forward with an approval. June 1, 2004 Southold Town Board Meeting 2 Moved by Justice Evans, seconded by Councilman Edwards, it was RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $142,391.77; General Fund Part Town bills in the amount of $1,273.82; Highway Fund Whole Town bills in the amount of $609.63; Highway Fund Part Town bills in the amount of $19,929.08; Capital Projects Account bills in the amount of $21,377.71; Open Space Capital Fund bills in the amount of $78,728.51; Community Preservation Fund (2% Tax) bills in the amount of $165,958.94; Waterway Improvement Program $3,332.69 CR; New London Terminal Project bills in the amount of $22,672.18; Fishers Island Ferry District bills in the amount of $51,649.84; Refuse & Garbage District bills in the amount $142,450.26; Southold Wastewater District bills in the amount of $11,918394; Fishers Island Sewer District bills in the amount of $65.01; Southold Agency & Trust bills in the amount of $8,664.43 and Fishers Island Ferry District Agency & Trust bills in the amount of $186.77. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, June 15, 2004 at the Southold Town Hall, Southold, New York at 7:30 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. I. REPORTS 1. Juvenile Aid Bureau - April 2004 2. Island Group Administration Claim Lag Report - May 2003-April 2004 II. PUBLIC NOTICES 1. NYS Department of Environmental Conservation Notice of Complete Application of Keyspan Energy Group for an existing electric generating facility on Route 25, west of Chapel Lane, Southold. Written comments by June 18, 2004. III. COMMUNICATIONS None SUPERVISOR HORTON: At this point, we offer the floor to the public to address the Town Board on specific resolutions. Yes, Mr. Carlin. FRANK CARL1N: Frank Carlin. #451, Josh. SUPERVISOR HORTON: Yes. MR. CARL1N: The people that you appoint for this Architectural Review Board, are they certified architects? SUPERVISOR HORTON: Not all of them. June 1, 2004 3 Southold Town Board Meeting MR. CARL1N: Not all. SUPERVISOR HORTON: No. We do have some architects on the Review Committee but not everybody on that Board is an architect. MR. CARL1N: How many is on that Board? Five? SUPERVISOR HORTON: No, ! believe it calls for, off the top of my head, ! believe eleven. MR. CARL1N: Eleven? But how many out of that percentage are certified? SUPERVISOR HORTON: ! think we have two certified architects on that Board. MR. CARL1N: Two? SUPERVISOR HORTON: Yes. JUSTICE EVANS: But certain members are only involved if it is in their hamlet. We have members from different hamlets. So if we have eleven members and four of them sit on each, two hamlet members and the architect and someone else. MR. CARL1N: So the other nine have some kind of background in what they are doing? COUNCILMAN WICKHAM: They represent their hamlets. MR. CARL1N: Represent their hamlets. Does that mean they say they are certified architects, though? SUPERVISOR HORTON: No. MR. CARL1N: But ! am not going to speak on that tonight but ! am going to be covering that subject in great detail at one of these Board meetings. Not tonight, ! have got another one. ! have got another issue. SUPERVISOR HORTON: Okay. Thank you, Mr. Carlin. Ms. Tole. KATHY TOLE: Kathy Tole, Greenport. Just a question on #454, approve the waiver application subdivision. Had there been a hearing on that? SUPERVISOR HORTON: Yes, we had a hearing, ! believe, two Board meetings ago and we held it, we reserved decision until we got recommendation back from the Planning Board, which we have received. MS. TOLE: Okay. Thank you. SUPERVISOR HORTON: Yes, Mrs. Egan. June 1, 2004 Southold Town Board Meeting 4 MS. EGAN: I have quite a few. SUPERVISOR HORTON: Okay, then Mr. Krupski. ALBERT KRUPSKI: Thank you. Just a comment on #455. This is really part of a second phase of the Trustees, what we are doing this year and last year and ! really want to thank the whole Board and ! really want to thank the Supervisor. The Board, past members of course, like Louisa and Tom have been there for years behind the Board of Trustees and certainly the Supervisor has also been there for years behind the Board of Trustees. And the two new members came on board very supportive and you helped us through our new code rewrite, Chapter 97. We appreciate that. And this is the end of the restructuring of our office, really. Deleting one clerical position and inserting an environmental technician. And we are really happy to have someone on board that can support the town technically in an everyday manner, since we are a part-time board and we are not able to be in the office everyday and this is a big step for the town, who has got limited resources to protect our limited natural resources. So we, on behalf of the Board ! think Peggy Dickerson is here, she would like to say a few words; we really want to thank the Supervisor and the Town Board for all their help. We appreciate it. SUPERVISOR HORTON: Thank you. Yes, Mrs. Dickerson. PEGGY DICKERSON: Since ! was already introduced, ! just want to say that ! am looking forward to working with Heather, she is very highly qualified and ! know she will improve the efficiency of our office. So, thank you. SUPERVISOR HORTON: Thank you. Would anyone else like to address the Board on specific resolutions? Yes, Mrs. Egan. JOAN EGAN: Joan Egan from East Marion. ! hope everyone had a safe Memorial Day. The parade was great, not as big but it was great. It was good to see so many people there. ! have quite a few. Relax. Enjoy. Now, #425, where do we need a mini-bus driver? Is that for the little white... SUPERVISOR HORTON: That is for the Human Resource Center. MS. EGAN: And we need another new bus driver? SUPERVISOR HORTON: That is correct. MS. EGAN: And you know how ! feel about that. That is wrong, these people like to see the same people, it confuses them. Very, very badly. They don't have that during the summer, do they? SUPERVISOR HORTON: Yes, we do. It is a year-round program. MS. EGAN: Oh, year-round. Good. Now, on #431. Are these attendants and life guards, well, number one, I don't see it incorporated here that they should raise the American flag and put it down at night. You will put that in their code. SUPERVISOR HORTON: I will make sure it is done. June 1, 2004 Southold Town Board Meeting MS. EGAN: And are they provided with a cell phone or something in case they have a problem to summon the police or ambulance or dial 911 ? SUPERVISOR HORTON: MS. EGAN: How? SUPERVISOR HORTON: Not cell phones, but they do have communication devices. MS. EGAN: SUPERVISOR HORTON: Most of our beach attendant stands have phones in them. You mean the little, the stands, but they all have that? Mrs. Egan, most of them do and those that don't, have radios. MS. EGAN: They do? SUPERVISOR HORTON: the Department Head. And they are also checked up regularly by the Traffic Control Officers and MS. EGAN: How big are they? SUPERVISOR HORTON: One is a '97 Johnson, 150 horsepower, all three are outboards; all three are Johnson' s. One is 150 horsepower and the other two are 175 horsepower engines. MS. EGAN: Okay. Good. Now, of course, Captain Flatley will be out of town in July. And you know how ! feel about somebody, one of our Chiefs being missing up at the station and there will be lots of vacations, so you are going to have a problem and so we need more indians up there anyhow. Now, #441. SUPERVISOR HORTON: Yes? MS. EGAN: Well, who is she and where is she from and then on the next one you are also advertising for another clerk-typist. SUPERVISOR HORTON: That is correct. MS. EGAN: So have we hired someone and we need someone in addition for vacation? SUPERVISOR HORTON: No. The Assessors Office on an annual basis, utilizes a student intern to help out over the course of the year at busy times and also, interestingly enough, the busy times for the Assessors Office conveniently, the time that they need a student intern conveniently falls at the same SUPERVISOR HORTON: Yes, they are. They are surplus and we are putting them out to bid. MS. EGAN: Okay, on #433, where are these motors from and how big are they and how many hours do they have on them? Are these from our boats, Marine Division? June 1, 2004 6 Southold Town Board Meeting time that most college age students are home from either for Christmas break or at the end of the semester. MS. EGAN: And who is this Melissa and where is she from? What town. SUPERVISOR HORTON: ! believe she is from Southold Town. MS. EGAN: Again, Southold. ! don't hear much from Cutchogue or Peconic or any of the other towns. It is not fair. Now, what qualifications does one have or ! guess that will be in the ad that Mrs. Neville will advertise for what you need? Good. Now, what is this job for the Town Clerk for Senior Planner? That is #443 also. SUPERVISOR HORTON: #443, we are trying to fill a position of Senior Planner in the Planning Department. MS. EGAN: What does the job entail? SUPERVISOR HORTON: Planning. MS. EGAN: Gee, Josh, that was clever. SUPERVISOR HORTON: Sometimes a little goes a long way. MS. EGAN: Why don't you say, '! am not sure.' SUPERVISOR HORTON: It entails planning. It entails review of subdivision... MS. EGAN: Where do you work from? SUPERVISOR HORTON: In the Planning Department, Mrs. Egan. MS. EGAN: Where is the Planning Department? SUPERVISOR HORTON: You don't know? You are here every day. It is down that end of the building, just across from the Building Department. MS. EGAN: Well, nobody is ever there. Now, who is this Gregory Simmons, #445? SUPERVISOR HORTON: Mr. Simmons is a young man from Mattituck, ! believe he is graduating from Mattituck High School this year and he is joining us as a Traffic Control Officer. MS. EGAN: Good. Tell them to keep themselves busy and alert. They don't get paid $15 or what an hour to read for their next semesters work or their past semester. They are there to work and to protect the roads, the people and the animals. Many times ! see them reading the funny papers. Oh, now on this #448, we still need some of it up there by Pike, you did some work up there thank god, but you June 1, 2004 7 Southold Town Board Meeting really need a better traffic control on Love Lane, regardless of whether there is anything going on. I hope that is being looked into? Is that the DOT? SUPERVISOR HORTON: Yes, we have actually notified the State and asked them to incorporate that to enter into the planning phases for dealing with that specific bend on 25 and Love Lane. MS. EGAN: Good. Now, now, what is this #449? For part-time earnings in the Accounting and Finance Department? SUPERVISOR HORTON: ! believe the Accounting Department is going to hire a summer intern. Yes, for two student interns for the summer season. MS. EGAN: That will be advertised for? SUPERVISOR HORTON: Yes. MS. EGAN: Good. Now, the Trustees office, have you left? Have they gone? SUPERVISOR HORTON: Yes, they are out in the hallway. MS. EGAN: Good. ! hope they can hear me. Did they get voice mail there yet? They will have voice mail as soon as there office... SUPERVISOR HORTON: MS. EGAN: Uhuhuh. SUPERVISOR HORTON: The answer is no. MS. EGAN: That is a disgrace. When are you moving over to the North Fork Bank? SUPERVISOR HORTON: ! believe the Trustees Office will be open in their new office on Monday. MS. EGAN: Monday! Which Monday? SUPERVISOR HORTON: Next Monday. A week from yesterday. MS. EGAN: Good. Are you going to have a big inaugural there? SUPERVISOR HORTON: At some point, we will have an open house for the public after hours, so people can come and acquaint themselves with the new offices. And we will advertise that properly. MS. EGAN: So they will have voice mail there? Oh, let me ask you this, which is important. The telephone numbers will be the same? SUPERVISOR HORTON: Yes, they will. June 1, 2004 Southold Town Board Meeting MS. EGAN: That is wonderful. affordable housing changing? Now, we have #456, 457 and 458 all connected with sort of the SUPERVISOR HORTON: Yes. MS. EGAN: Heard you on TV last night pushing the affordable housing down there in Greenport. Naughty, naughty. Now, we have item 459, John F. McKay III, Esquire, special counsel. SUPERVISOR HORTON: That is correct. MS. EGAN: And where is Mr. McKay from? SUPERVISOR HORTON: Long Island. MS. EGAN: Great. Long Island is pretty big, darling. What town in Long Island? SUPERVISOR HORTON: Do you recall what town Mr. McKay is from? TOWN ATTORNEY FINNEGAN: ! believe his office is in Melville, ! don't know where he lives. MS. EGAN: No. We didn't have anybody, all of these parents who send their children to law school... SUPERVISOR HORTON: Mrs. Egan. MS. EGAN: and then they don't get taken from here. Shame, shame, shame. Well, you can relax for a while. SUPERVISOR HORTON: Okay, thank you, Mrs. Egan. Are their other comments on resolutions on the printed agenda? (No response) Okay, we will move ahead until 5:00, at which point we will break for our public hearing. Starting with #425. Councilman Edwards. #425 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a part-time Mini-Bus driver at $10.25 per hour for 17.5 hours per week for the Human Resource Center. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #426 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Case's Lane~ Cutchogue~ New York~ from 7:00 a.m. to 5:00 p.m. Saturday~ July 3~ 2004~ in the interest of public safety during the Cutchogue-New Suffolk Historical Council "Annual Antiques Show June 1, 2004 Southold Town Board Meeting 9 and Sale" on the Village Green, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the town of Southold as an additional insured and contact Lt. Flatley at least ten (10) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #427 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following members to the Fishers Island Harbor Committee, for a five year term effective May 7, 2004: Chauncey P. Goss representing Fishers Island Development Company Harris B. Parsons, Sr. representing the Fishers Island Club William P. Stengel representing the Hay Harbor Property Owners Association Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #428 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign a Stewardship Agreement between the Town of Southold and the Suffolk County Department of Parks, Recreation and Conservation, as part of the Laurel Lake Preservation & Trail Plan, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #429 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to sign a Stewardship Agreement between the Town of Southold and the Suffolk County Water Authority, as part of the Laurel Lake Preservation & Trail Plan, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #43O Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to execute the agreement with Suffolk County Office for the Aging regarding the III-C Nutrition Program for the elderly on a fee-for-service basis not to exceed $57, 878.00, for the period January 1, 2004 to December 31, 2004, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. June 1, 2004 Southold Town Board Meeting This resolution was duly ADOPTED. 10 #431 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes that Southold Town Beach Attendants (7) and beach managers (2) for the 2004 seasom be supplied with a petty cash fund in the amount of $40.00 (30 singles, 2 fives) per person, to enable them to make change. Check in the amount of $360.00 to be made payable to Kenneth Reeves; said charge to be made to A210, Petty Cash. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk's office to issue free beach parking permits to the following employees: Water Safety Instructors, Beach Attendants, Lifeguards, Beach Managers, and Recreation Supervisor Ken Reeves. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #432 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Jack McGreevy as a member of the Conservation Advisory Committee, to fill the vacancy created by Drew E. Dillingham, term to expire December 31, 2005. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #433 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby declares the following equipment to be surplus: 1997 150hp Johnson outboard - Serial No. G04107080 1995 175hp Johnson outboard - Serial No. G03885961 1995 175hp Johnson outboard - Serial No. G03885960 be it further RESOLVED that the Town Board authorizes and directs the Town Clerk to advertise the above surplus equipment for bid. All three (3) items to be bid as a package with a minimum bid of $1000.00. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #434 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to use the town roads for the "Mighty North Fork Triathlon" for the benefit of the North Fork Promotion Council, Save the Bays, and Rick Shalvey's Row for a Cure (Breast Cancer Research), on Sunday~ July 11~ 2004 for an "Adult Triathlon", at Cedar Beach Park, Southold, New York, provided they file June 1, 2004 11 Southold Town Board Meeting with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park. The following town roads will be used: Paradise Point Road Main Bayview Road Jacobs Lane N. Bayview Road Dayton Road Pine Neck Road Oaklawn Avenue Baywater Avenue Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #435 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Captain Martin Flatle¥ to attend the annual re-trainer session for the FBI National Academy entitled "Officer Wellness" commencing on Monday, July 5 through Thursday, July 8, 2004 at Saratoga Springs, New York. Registration fee is $250.00. Hotel accommodations for four nights will be at the special room rate of $118 per night. Additional costs will be for tolls, gas and miscellaneous out of pocket expenses. Travel to be by Town vehicle. All expenses to be a legal charge to the Police Department Training budget line - A.3120.4.600.200. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #436 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with the following individuals for the summer 2004 recreation programs, all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2004 instructor line A7020.4.500.420. Stephen Atkinson (dog obedience) ......................................... $45/hour Eugenia Cherouski (folk dancing) .......................................... $25/hour Custer Institute (stargazing) .................................................... $45/person Shirley Darling (tennis) ........................................................... $25/class Martha Eagle (Aerobics) ......................................................... $3 O/hour East End Insurance Services (Defensive Driving) .................. $3 O/person Carol Giordano (Baton) ...................................................... $25/class David Haurus (golf) ................................................................ $38/person Hidden Lake Farms (Horseback Riding) .............................. $215/person Rosemary Martilotta (yoga) .................................................... $55/class June 1, 2004 Southold Town Board Meeting 12 Theresa Pressler (youth program) .............................. $25/hour Riverside Gymnastics (youth gymnastics) .............................. $55/person Virginia Ross (horseback) ....................................................... $288/person Laurie Sanders (decorative painting) ...................................... $20/hour Steve Smith (weight training) .............................................. $25/hour Touch Dancing Studios (social dance) .................................. $8/person/class Chris Vedder (golf) ................................................................. $38/person Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. AMENDED by Resolution #469, June 15, 2004 #437 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants all part time personnel of the Fishers Island Ferry District a 3% wage increase, effective, June 1, 2003. Increases and personnel are as follows: Joseph Bonano $ 9.00 Benjamin Burdick 9.18 Charles Burgess 27.58 Edward Carboni 9.00 Mark Chanski 10.10 Josh Davis 9.00 Josh P. Davis 8.75 Kyle Davis 9.47 Deborah Dixon 9.83 Eric Easter 9.46 Nicholas Espinosa 9.00 Scott Fenton 9.00 Kyle Gorra 9.02 Ryan Gorra 9.00 Mike Gelman 10.56 David Grote 13.23 John Gural 14.96 Eugene Henson 22.68 Tim Keating 10.30 Henry Kopij 14.96 Sean Maginess 9.00 Kyle Markey 9.00 Bruce Millar 8.74 Anthony Mirabelli 11.70 John Morgan 9.19 Joel Morton 8.49 Richard Niedoj adlo 9.91 Stephen Pearl 10.10 Joel Riley 9.00 June 1, 2004 Southold Town Board Meeting 13 Bonnie Scott Jack Searle Russel F. Smith II! Benjamin Spitz John Stanford Charles Stepanek Evelyn Stepanek Geoffrey Veitch Jon-Michael Walker Douglass Williams Claus Wolter David Yale Vote of the Town Board: mye~ Justice Evans, Supervisor Horton. 9.18 10.32 9.18 9.00 14.48 11.52 11.52 9.02 9.47 9.00 11.26 8.75 Councilman Edwards, This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #438 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that that Town Board of the Town of Southold hereby appoints Joshua P. Davis~ of New Londom CT~ to the position of part time deck hand for the Fishers Island Ferry District, at the starting wage of $8.75 per hour, effective May 20, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #439 Moved by Justice Evans, seconded by Councilman Ross, it was RESOLVED that that Town Board of the Town of Southold hereby appoints David B. Yale~ of Waterford~ CT~ to the position of part time deck hand for the Fishers Island Ferry District, at the starting wage of $8.75 per hour, effective May 20, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #44O Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby amends resolution V407~ adopted at the May 18~ 2004 regular town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Christopher Lappe, Jr. to the position of Seasonal Police Officer for the 2004 season at the rate of $15.13 per hour, effective May 25, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #441 June 1, 2004 Southold Town Board Meeting 14 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Melissa Malkush to the position of student intern II in the Assessors Office effective May 24, 2004 through July 2, 2004 and December 6, 2004 through January 7, 2005, at a rate of $9.54 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #442 Moved by Councilman Ross, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of part-time clerk-typist in the Assessors at $10.02 per hour. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #443 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for the position of Senior Planner in the Southold Town Planning Department at a salary of $46,061.78. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #444 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Solid Waste District budget, as follows: To: Appropriations SR. 1490.1.100.200 Administration Overtime Earnings 2,000.00 SR. 8160.4.100.300 Odor Control 400.00 SR. 8160.4.100.580 Maint. Ford Tractor 2,000.00 SR. 8160.4.100.650 Town Garbage Bags 3,000.00 SR. 8160.4.100.800 Maint. Facilities & Grounds 2,500.00 SR. 8160.4.400.807 Bagged Leaf Disposal 4,184.00 SR. 8160.4.450.200 Advertising 3,000.00 SR. 8160.4.450.300 Informational Brochures 1,500.00 From: Appropriations SR. 8160.4.100.575 SR. 8160.4.100.595 SR. 8160.4.100.615 Maint. Supply Leaf Shredder Maint. Supply Tub Grinder Maint/Supply Cat Compactor 5,000.00 8,584.00 5,000.00 June 1, 2004 Southold Town Board Meeting 15 Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #445 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Gregory Simmons to the position of Traffic Control Officer for the 2004 season at the rate of St t.97 per hour, effective date is Wednesday, June 2, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #446 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED That the Town Board of the Town of Southold hereby accepts the letter of intent to retire for Kenneth Ricker from his position as Head Purser for the Fishers Island Ferry District, effective Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #447 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes the closure of Sound Avenue~ Mattituck for the Mattituck Presbyterian Church Annual Summer Fair on Saturday, July 3 t, 2004 from 7:00 am to 4:00 pm, provided they file with the Town Clerk a One Million Dollar Certificate of Liability Insurance naming the town of Southold as an additional insured and contact Lt. Flatley at least ten (t0) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that this Town Board meeting be and hereby is declared recessed in order to hold a public hearing on the matter of HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO THE AFFORDABLE HOUSING DISTRICT (AHD) IN THE CODE OF THE TOWN OF SOUTHOLD." Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. Meeting was reconvened at #448 June 1, 2004 Southold Town Board Meeting 16 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Mattituck Chamber of Commerce to close Love Lane and Pike Street East and West of Love Lane in Mattituck on Saturday, July la, 2004 from 8:00 a.m. to 4:30 p.m. with a rain date of Sunday, July 11, 2004, providing they file with the Town Clerk a One Million Dollar Certificate of Liability naming the town as additional insured and contact Lt. Flatley ten (la) days prior to the event to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #449 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General Fund Whole Town budget as follows: To: A. 1310.1.200.100 Accounting & Finance, P.S. Part-time Employees, Regular Earnings From: A. 1990.4.100.100 Unallocated Contingencies 7,000 Vote of the Town Board: Aye: Councilman Edwards, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. 7,000 Councilman Ross, Councilman Wickham, #45O Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to Detective Beth Dzenkowski to attend the quarterly board meetin~ of the State of New York Police Juvenile Officers Association in her current position as First Vice President commencing on Thursday, June 3 through Friday, June 4, 2004, at Ithaca, New York. The Association will cover costs for meals and accommodations. Expenses would be approximately $50 for transportation costs (gas and tolls), which will be a legal charge to the Juvenile Aid Bureau budget line A.3157.4.600.300. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #451 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Nicholas Planamento to the Architectural Review Board as a Southold/Peconic, term to expire December 31, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #452 June 1, 2004 Southold Town Board Meeting 17 Moved by Councilman Wickham, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Christina Loria of New Haven University - Criminal Justice program~ to the position of student intern to fulfill her curriculum requirements of 150 hours, commencing on Wednesday, May 19 through the end of July, 2004, to serve with no compensation from the Town. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #453 Moved by Councilman Edwards, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby adopts the bond estimate dated April 5~ 2004 in the amount of $193~810.00 together with an administrative fee in the amount of $11~628.60 regarding the proposed Major Subdivision of Forestbrook at Bayview, and be it further RESOLVED that the letter of credit no. 1510 established by the State Bank of Long Island in the amount of $193~810.00 dated May 15~ 2004~ relating to the same subdivisiom is hereby accepted. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. LOST #454 #455 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Heather Cusack Tetrault to the full-time position of Environmental Technician in the Trustee Office, at a salary of $45,900.00 per annum, effective June 24, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #456 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of L.K. McLean Associates to conduct a review pursuant to the State Environmental Quality Review Act (SEQRA) of the proposed Local Law entitled "A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code of the Town of Southold" at a cost not to exceed five hundred dollars ($500.00) as per their proposal. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #457 Moved by Councilman Edwards, seconded by Councilman Wickham, it was June 1, 2004 Southold Town Board Meeting 18 RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law entitled "A Local Law in relation to Amendments to the Affordable Housing District {AHD} in the Code of the Town of Southold" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #458 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to hire the firm of Clearv Consulting to conduct a review pursuant to the State Environmental Quality Review Act (SEQRA) of the proposed Local Law entitled "A Local Law in relation to a new Chapter Al06- Subdivision of Land of the Code of the Town of Southold" at a cost not to exceed seven hundred and fifty dollars ($750.00) as per their proposal dated May 27, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #459 Moved by Justice Evans, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby retains John F. McKay~ III~ Esq. as special counsel in the matter of Weber V. Town of Southold. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #46O Moved by Councilman Wickham, seconded by Justice Evans, WHEREAS Assistant Town Attorney Lori Hulse Montefusco presently works 10-15 hours per week, and has committed and agreed to work an average of 20 hours per week, it is RESOLVED that the Town Board of the Town of Southold hereby increases the compensation rate of Assistant Town Attorney Lori Hulse Montefusco by extending coverage under the Town of Southold Employee Health Benefit Plan, said coverage to be effective immediately. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #461 Moved by Councilman Edwards, seconded by Councilman Wickham, NOTICE IS HEREBY GIVEN that there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 1st day of June, 2004, a Local Law entitled "A Local Law in relation to a new Chapter Al06 - Subdivision of Land of the Code of the Town of Southold"; and June 1, 2004 19 Southold Town Board Meeting NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law on June 29, 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled reads as follows: "A Local Law in relation to a new Chapter Al06 - Subdivision of Land of the Code of the Town of Southold". LOCAL LAW NO. of 2004 A Local Law in relation to a new Chapter Al06 - Subdivision of Land of the Code of the Town of Southold. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: SECTION 1. CODE AMENDMENT. Chapter Al06 of the Town Code of the Town of Southold is deleted in its entirety and replaced with the following: Chapter Al06 SUBDIVISION OF LAND ARTICLE I. General Provisions § Al06-1. Authority. This chapter is enacted pursuant to authority conferred in Article 16 of the Town Law of the State of New York, the Statutes of Local Governments of the State of New York and the Municipal Home Rule Law of the State of New York. § A106-2. Purpose. 1. These regulations are promulgated to provide for the orderly growth and coordinated development of the Town, to protect the comfort, convenience, safety, health and welfare of its people and to insure that the review and approval of subdivisions is based on the following considerations: A Preservation of certain lands, including farmland, open space and recreational landscapes. B Preservation of the rural, cultural and historic character of the Town's hamlets and surrounding countryside. C Preservation and protection of the Town's remaining natural environment. D Encouragement of a range of housing and business opportunities to support socio- economically diverse communities. E Promotion of transportation efficiency, intermodal transportation hubs and attractive alternatives to automobile travel, while preserving the scenic and historic attributes of roadways in the Town. 2. The Town of Southold has been struggling for decades to create affordable housing opportunities for the majority of its residents. However, despite these efforts, our most vital resource, the residents of the Town of Southold as well as its labor force, have become increasingly marginalized in their ability to procure affordable housing in the Town of Southold. The economic implications are far-reaching, for the Town must be able to sustain a population who can afford to live and work in Town. In particular, the dramatic escalation of land prices in addition to the lack of available land for development has diminished opportunities for Town residents to procure affordable housing. Indicators of the lack of affordable housing in the Town of Southold are as follows: $390,493 was the average sale price for 2001-02; $49,898 represented the median household income per the 2000 census; greater than 41% of homeowners with mortgages pay over 25% of their disposable income towards housing (excluding taxes); 54% of renters pay over 25% of their disposable income towards housing; the North Fork Housing Alliance reported that as of December 31, 2003, there were 125 June 1, 2004 20 Southold Town Board Meeting people on the waiting list for Section 8 subsidies; and 71 individuals were on a waiting list for "affordable housing" that do not qualify for Section 8. In addition, within the last decade, the Town witnessed an unprecedented increase of second home ownership and seasonal rentals. The census data for 2000 indicated that second homeowners comprised 34.1% of the Town's population. This is believed to be a very conservative number. To address this housing shortage, the Town of Southold must create a myriad of housing initiatives that reinvest in the lives of residents who live and/or work in the Town. One initiative provided in these Subdivision Regulations is Inclusionary Zoning, which will create new affordable homes throughout the community. There will be covenants and restrictions on the homes, which will insure that they will be affordable in perpetuity. ARTICLE II Definitions § A106-3. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: AGRICULTURE - The production, keeping or maintenance, for sale or lease of plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, herbs, vegetables; floral ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. AGRICULTURE RESERVE AREA - A parcel of land which is set aside in a subdivision in perpetuity for conservation of agricultural lands and continued use for agriculture. APPLICANT - Any person, firm, corporation, partnership or association who shall lay out, for the purpose of sale or development, any subdivision or part thereof, as defined herein, either for himself or others. BUFFER AREA - Portions of a parcel where existing or man-made terrain is used and designed to protect sensitive, natural and cultural resources including landforms, surface water, habitat, vegetation and aesthetic or scenic vistas. BUILDABLE LANDS - The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the Coastal Erosion Hazard Area Line, beaches, bluffs, slopes equal to or exceeding fifteen (15) percent, underwater lands, and easements or other restrictions that prevent the use of such land for construction of buildings or other development. The terms "wetlands," "beaches," "bluffs," and "underwater lands" shall have the meanings set forth in Chapter 97 of the Town Code, Wetlands and Shoreline. The term "Coastal Erosion Hazard Area Line" shall have the meaning set forth in Chapter 37 of the Town Code, Coastal Erosion Hazard Area. CLERK OF THE PLANNING BOARD - The individual appointed by the Planning Board to perform, among other things, the duties set forth in Article 16 of New York State Town Law. CLEARING - Any activity that removes the vegetative ground cover and/or trees including but not limited to, root mat removal and/or topsoil removal, or ground-disturbance, including grading. CLUSTER - A subdivision designed in accordance with Article X! of this Chapter, pursuant to the provisions of New York State New York State Town Law, Section 278. COMMON DRIVEWAY - A mutual ingress and egress shared by not more than two (2) lots to a public street or highway, which complies with the Standard Details and Specifications set forth in this chapter. COMPREHENSIVE PLAN - The materials, written and/or graphic, including but not limited to maps, June 1, 2004 Southold Town Board Meeting 21 charts, studies, resolutions, reports and other descriptive material that identify the goals, objectives, principles, guidelines, policies, standards, devices and instruments for the immediate and long-range protection, enhancement, growth and development of the town located outside the limits of any incorporated village. CONSERVATION -- The protection of natural and man-made features, resources or systems and cultural features in their natural or existing condition, but with allowance for human use or intervention in an environmentally sound and nondestructive manner, including the management of wetlands or the use of soils for agriculture. CONSERVATION AREAS, PRIMARY - Primary Conservation areas shall be comprised of areas consisting of freshwater and saltwater wetlands, underwater lands, beaches, lands lying within a 100 year floodplain, slopes equal to or exceeding 15 percent, areas located seaward of the Coastal Erosion Hazard Line and lands subject to easements or other restrictions preventing use of such land for construction of buildings or development. CONSERVATION AREAS, SECONDARY - Secondary Conservation areas shall be comprised of areas contributing to Open Space, Recreation and Environmental Resources. Areas include all imposed (i.e. scenic) and jurisdictional buffers (i.e., 100' from wetland boundary), prime farmland, woodlands, aquifer recharge areas, natural floodplains and drainage patterns, areas containing protected species, significant wildlife habitat areas, historic, archeological or cultural features (or eligible to be listed) on national, state, county or local registers of inventories, trails and recreational areas, and scenic views into the property from adjacent properties and existing public roads. CONSERVATION EASEMENT - A permanent restriction on the use of land for the purpose of preserving or conserving natural or man-made features, resources or systems, including agriculture, forest, recreational or open space uses. CONSERVATION SUBDIVISION - A subdivision in which at least seventy-five (75) percent of buildable lands will be permanently preserved and protected from further residential or commercial development, except those uses defined by the Town Board pursuant to legislation, and in which density is reduced by seventy-five (75) percent of the permissible density of the subject parcel according to zoning. CROSSWALK - A right-of-way dedicated to public use, ten (10) feet or more in width, which facilitates pedestrian access to adjacent streets and properties. CUL-DE-SAC (COURT) - The turnaround at the end of a dead-end street. CULTURAL FEATURES - Paleontological and archaeological remains; historic buildings, structures or sites, trails, and agricultural fields. DRAINAGE RIGHT-OF-WAY - The lands required for the installation of storm water recharge basins or drainage ditches, or required along a natural stream or watercourse for preserving the existing channel and providing for the flow of rainwater into it in order to safeguard the public against damage by flooding. EASEMENT - A permanent restriction on, or grant to permit, the passive or active use of the land for a specific purpose or purposes. ENGINEER-- The duly designated engineer or engineering inspector of the Town Engineering Office of the Town of Southold. EXISTING RESOURCE AND SITE ANALYSIS PLAN (ERSAP) - An analysis conducted in accordance with §A106-9 of this Chapter. FINAL PLAT - A map to be filed with the Planning Board and County Clerk showing the final arrangement of lots, blocks, streets, drainage and other anticipated improvements, parks, open space or June 1, 2004 Southold Town Board Meeting 22 agriculture reserve areas shown on the subdivision, if any. FINAL PLAT APPROVAL -- The approval by Planning Board resolution and the signing of a final plat by a duly authorized officer of the Planning Board. GRADING - A redistribution of soil or rock to effect a change in topography, elevation or natural grade. FLOOD PLAIN OR FLOOD PRONE AREA - Any area identified by Chapter 46 of the Town Code, Flood Damage Prevention. IMPROVEMENT - Any alteration of land from its natural state or condition. LOT - The unit or units into which land is divided, either as undeveloped or developed sites. LOT L1NE MODIFICATION - See definition of"Re-subdivision". NATURAL BUFFER - A naturally vegetated area along the boundaries of a subdivision, lot or parcel. NATURAL FEATURES, RESOURCES OR SYSTEMS - All components of the natural environment, including, without limitation, water bodies, drainage courses, freshwater and tidal wetlands, dunes, bluffs, beaches, woodlands, shrublands, grasslands, large trees, glacial erratics, unique or unusual plants and trees, wildlife habitat and scenic views or overlook areas, significant or prime agricultural soils and all combinations thereof. OFFICIAL MAP -- The map established by the Town Board pursuant to law, showing streets, highways, drainage rights-of-way, park areas, both existing and proposed. OPEN DEVELOPMENT AREA An area or areas established by the Town Board pursuant to §280-a of the New York State Town Law. PARK DEDICATION - A dedication or reservation of land in a subdivision for active or passive park purposes, exclusive of lands to be used for drainage recharge. PARK FEE - Money paid in lieu of a park dedication to the Town of Southold Park and Recreation Fund for use in the acquisition, maintenance and repair of Town parks and recreation facilities. PERFORMANCE BOND- A personal bond executed by the owner with security acceptable to the Town Board to insure the completion of the required public improvements in accordance with an estimate approved by the Office of the Town Engineering office. PLANNING BOARD or BOARD - The Planning Board of the Town of Southold, Suffolk County, New York. PRELIMINARY PLAT - The map prepared prior to the final plat for the guidance of the Applicant and the Planning Board, in the manner prescribed by these regulations, showing the arrangement of lots, blocks, streets, drainage, and other anticipated improvements, parks, open space or agriculture reserve areas shown on the subdivision. PRESERVATION -- The protection of natural and man-made features, resources or systems and cultural features in their natural or existing condition for restrictive and non-consumptive use. RECREATION, ACTIVE - Recreational use of land requiring its substantial improvement including but not limited to playing fields, tennis courts, swimming pools and the like. RECREATION, PASSIVE -- Recreational use of land requiring little or no improvement, including but not limited to a trail. RE-SUBDIVISION - A subdivision of property which involves redrawing the original lot lines to combine lots for building purposes where no lot has been developed or the further division or alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the Office of the Suffolk County Clerk. SEQRA - The New York State Environmental Quality Review Act and its implementing regulations. STREET OR RIGHT-OF-WAY WIDTH - The distance between property lines, measured at right angles to the center line of the street used to provide vehicular access to a lot or parcel. June 1, 2004 23 Southold Town Board Meeting STREET, COLLECTOR - A street or highway which serves or is intended to serve as a major collector road within the Town and which provides access to State Road 25 and County Route 48 from local streets. STREET, ARTERIAL - A main street or highway carrying a high proportion of the traffic within the Town of Southold, and including State Route 25 and County Route 48. STREET, LOCAL - A local street or road which serves or is intended to serve as the primary means within neighborhoods and subdivisions and which is the main means of access to a Collector or Arterial street. SUBDIVISION - The division of any tract or parcel of land into two (2) or more lots, whether or not such division creates new streets or extends existing streets. Subdivision shall also include a re- subdivision. TRAIL - A path, walk or way which may be on the ground or elevated on a board or catwalk and may be used for hiking, walking, horseback riding or other similar recreational pursuit but excluding motorized vehicles. This shall include existing trails as well as trails created pursuant to this chapter. YIELD - The number of lots into which a tract, parcel or lot of land may be lawfully divided. ARTICLE III General Subdivision Requirements, Classification § A106-4. General Requirements. Any subdivision within the Town of Southold must: 1. Demonstrate conformance with the various parts of the Comprehensive Plan, adopted addendum, plans and studies, the Town Code and the Official Map. 2. Achieve a desirable relationship to the general land form, its aesthetic character, topographic and geologic character, to natural drainage, to the recharge of the groundwater reservoir and to floodplain and ecological concerns; including provisions for the treatment and containment of surface water runoff. 3. Demonstrate such character that it can be used safely for building purposes without danger to health or peril from fire or flood or other menace. 4. Demonstrate such character that it is not a menace to neighboring properties or the public health, safety and welfare. 5. Provide desirable standards of design for pedestrian and vehicular traffic, surface water runoff, utility services and building sites for the land use contemplated. All proposed lots shall be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties. 6. Include flexible design to promote the planning objectives of the Comprehensive Plan, to realize development and maintenance economies and to provide for a variety of housing types. 7. Provide for facilities associated with the contemplated use, including, but not limited to, parks, recreation areas, school sites, firehouses, fire wells and off-street parking. 8. Preserve and protect such natural resources and assets as lakes, ponds, streams, tidal waters, wetlands, beaches, dune lands, steep slopes, bluffs, prime agricultural soils, flora, fauna, general scenic beauty, archeological and historic features of the Town. 9. Provide streets of sufficient width, grade and location to accommodate the prospective traffic, to afford adequate light and air, to facilitate fire protection and to provide access of fire-fighting equipment to buildings, and to promote a pedestrian based transit system. 10. Protect and preserve the ecologic function and health of creeks, the Peconic Bay Estuary, the Long Island Sound and all tributaries to them including all tidal and freshwater June 1, 2004 24 Southold Town Board Meeting wetlands. § A106-5. Subdivision Classifications. A. Applicants may submit the following types of applications for consideration by the Planning Board: 1. Standard Subdivision. 2. Conservation Subdivision. B. Each subdivision shall conform to the applicable provisions of Article 16 of Town Law and this Chapter. C. Applicants are encouraged to request a pre-submission conference to review the requirements and proposed application. ARTICLE IV. General Procedure, Submission Requirements, Fees § A106-6. General Procedure. A. Each application to the Southold Town Planning Board for approval of a subdivision of land shall be submitted and reviewed in the following stages, except as indicated: 1. Sketch plat review. 2. Preliminary plat plan review (Standard subdivisions only). 3. Final plat review. B. No application for a review or approval under this chapter shall be deemed to be complete unless all fees therefore have been remitted to the Planning Board and the application complies with the provisions of this chapter, the Town Code, and all other applicable requirements. C. No construction, improvement, grading or clearing of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application has been filed pursuant to this Chapter until final approval of the application has been granted, except as expressly provided herein. § A106-7. Submission Requirements. Every application for subdivision shall include the following documents during the review process indicated: A. Standard Subdivision. 1. Sketch Plat Review (a) Sketch Plan Application Form; (b) Fee; (c) Long Environmental Assessment Form; (d) Existing Resources and Site Analysis Plan; (e) Yield Plan; (f) Primary and Secondary Conservation Area Plan. 2. Preliminary Plat Review (a) Preliminary Plat Application Form; (b) Fee; (c) Preliminary Plat; (d) Draft Road and Drainage Plan. 3. Final Plat Review (a) Final Plat Application Form; (b) Fee; (c) Final Plat; June 1, 2004 Southold Town Board Meeting 25 (d) Final Road and Drainage Plan. Conservation Subdivision 1. Sketch Plat Review (a) Sketch Plat Application Form; (b) Fee; (c) Long Environmental Assessment Form; (d) Existing Resources and Site Analysis Plan(s) [ERSAP]; (e) Yield Calculation. (f) Primary and Secondary Conservation Area Plan. 2. Final Plat Review or Open Development Area [ODA] (a) Final Application Form; (b) Final Plat (not applicable for an ODA); (c) Road and Drainage Plan and Performance Bond Estimate (d) (not applicable for an ODA); (e) ODA Map (ODA only). § A106-8. Fees. A. Fees may be charged for review of sketch, preliminary and final plats and administrative activities. Such fees shall be paid upon submission of the application. Fee, Schedule, Applications related Subdivision Classification Standard Subdivision Sketch Plat Preliminary Plat Final Plat Conservation Subdivision Sketch & Final Plat Sketch & Open Development Map Creation of Lot within ODA Map Lot Line Application Application Fee $1000. $1000. $ 500. Fee Per Lot $750. $ 500. $350. $ 500. $350. $ 500. C. Environmental Review Fees. The Planning Board may charge the Applicant appropriate fees to cover the cost of required environmental review, as permitted by the State Environmental Quality Review Act (SEQRA). § A106-9. Technical Requirements for All Applications. Every application for sketch approval must include the technical and factual information set forth in this section. A. Existing Resources and Site Analysis Plan(s) (ERSAP). 1. Purpose. The purpose of the Existing Resources and Site Analysis Plan(s) (ERSAP) is to provide the Applicant and the Planning Board with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies, and from aerial photographs. 2. Review. The Planning Board shall review the ERSAP to determine its accuracy and completeness, and may request additional information necessary to comply with this section. 3. Exceptions. The Planning Board reserves the right to waive one or more of the ERSAP June 1, 2004 Southold Town Board Meeting 26 information requirements set forth herein for Conservation Subdivisions. Preparation. The ERSAP must be prepared by a licensed New York State Licensed Surveyor and/or Engineer. Scale. Unless otherwise specified by the Planning Board, an ERSAP shall be prepared at the scale of 1 "=100', with a key explaining information and symbols on the plat. The following information shall be included on the ERSAP: a.All existing structures. b.Topography, the contour lines of which shall be at five-foot intervals, determined by photogrammetry (although ten (10)-foot intervals are permissible beyond the parcel boundaries, interpolated from published USGS maps). i. Slopes equal to or greater than fifteen (15) percent shall be clearly indicated. c.Water resources: i. Wetlands pursuant to the Freshwater Wetlands Act ("FWA") , Environmental Conservation Law ("ECL") ~24-0101, et. seq., the Tidal Wetlands Act, (ECL) u25-0101, et. seq. and Chapter 97 Wetlands and Shoreline of the Code of the Town Of Southold. ii. Sole Source Aquifers and/or Aquifer Recharge Areas. iii. Municipal water supply watershed areas. d. Flood-prone areas as shown on Federal Emergency Management Agency (FEMA) e. Maps and pursuant to Chapter 46 of the Town Code (Flood Damage Prevention). Areas legally protected by the County of Suffolk, the Town of Southold, Private Trusts, Qualified Conservation Organizations or other Entities or Agencies as shown on the Town of Southold Protected Lands Map, including all abutting parcels. Vegetative types described by plant community, relative age and condition on the property according to: i. General cover type including cultivated land, permanent grass land, old field, hedgerow, woodland and wetland. ii. Isolated significant trees with a diameter breast height (DBH) in excess of eighteen (18) inches, the actual canopy line of existing trees and woodlands. Soil series, types and phases, as mapped by the U.S. Department of Agriculture, Natural Resources Conservation Service in the Suffolk County Soil Survey, and accompanying data published for each soil relating to its suitability for agriculture and construction (and, in un-sewered areas, for septic suitability). Top of bluff lines identified and delineated together with the Coastal Erosion Hazard Area Line pursuant to Chapter 37 of the Town Code (Coastal Erosion Hazard Area). Scenic Viewsheds and Special Features: i. Sites bordering designated State, County or Town Scenic Byways and Corridors, "special features" identified in the Town's Comprehensive Plan and all subsequent updates. ii. A viewshed analysis showing the location and extent of views into the property from public lands, roads and from public parks, public forests, and state game lands. Locations and dimensions of all existing public and private streets, roads, buildings, utilities and other man-made improvements. June 1, 2004 Southold Town Board Meeting 27 Locations of all archeological and historically significant sites or structures of national, state or local significance on the tract or on any abutting tract. Locations of trails in current use or of historic use (pedestrian, equestrian, bicycle, etc.) or those proposed on the Town of Southold Trail map. All easements and other encumbrances affecting the parcel filed with the Suffolk County Clerk's Office. Agricultural lands: i. Location and delineation of any active agriculture operation, active farmland within a New York State certified Agricultural District, lands within 2,000 feet of a New York State certified Agricultural District, or soils classified and mapped as Suffolk County and State Prime Farmland Mapping Units, of the New York State Soil Classification System or areas legally protected by the County of Suffolk, the Town of Southold, Private Trusts or other Entities or Agencies. ii. Areas identified in the Southold Town Farm and Farmland Protection Strategy 2000 and in the most current version of the Southold Town Farmland Inventory. Location of community water and/or sewer; whether available or planned. Critical Environmental Areas: Lands within or contiguous to a Critical Environmental Area designated pursuant to Article 8 of the Environmental Conservation Law. i. ii. Significant natural areas and features: Areas with endangered and threatened vegetation. Significant habitats, or habitats of endangered, threatened or special concern species as determined by the New York Department of Environmental Conservation (Natural Heritage Program); iii.Mature forests over 100 years old; iv. Locally important vegetation; v. Unique natural or geological formations based on available published information or more detailed data obtained by the Applicant. Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Comprehensive Plan and updates to it. Yield Plan 1. 2. Purpose. The purpose of the yield plan is to determine the allowable density. Standard Subdivision. A yield plan shall be prepared for a standard subdivision in accordance with the requirements of this section. a. Density - The permitted number of dwelling units shall not exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the zoning district (or districts) in which such land is situated and conforming to all other requirements of the Town Code. b. Total lot yield shall be determined on buildable land only. Subdivision design shall exclude the following features: 1. All underwater lands. 2. Tidal wetlands or freshwater wetlands, as defined in state and local regulations. 3. Bluffs or the seaward faces of primary dunes. June 1, 2004 Southold Town Board Meeting 28 4. Beaches below mean high water, as defined by the United States Coast and Geodetic Survey or latest Tidal Wetlands Survey, and any beach or area lying between this line and the Coastal Erosion Hazard Line. 5.Areas of slopes which are equal to or greater than a grade of 15%. 6.Areas required for park dedication pursuant to this Chapter. 7.Areas required for recharge basins or for natural area recharge. 8.Areas required for public or private right-of-ways. 9. Areas required for utilities or public facilities, except that minor utility easements of direct service to the subdivision may be included. 10.Any area encumbered by an easement or other legal instrument prohibiting development of such area. c. Yield must be further determined in consideration of the ERSAP. d. Affordable Housing Requirement. Every Standard residential subdivision involving the creation of five (5) or more lots shall comply with the requirements herein to provide affordable housing. a. In all new standard subdivisions, twenty-five percent (25%) of the dwelling units created must be Moderate Income Family Dwelling Units (MIFDU), as defined, created and administrated under the provisions of the Affordable Housing District, § 100-50 through § 100-59 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 100-56 which is designed and intended to keep units perpetually affordable. b. Determination of number of MIFDU units required. a. Lot yield shall be determined consistent with §A106-9 B. b. Twenty-five percent (25%) of Lot yield shall be MIFDU requirement. c. In satisfaction of the requirement to create twenty-five (25%) MIFDU units, the Standard Subdivision applicant shall be required to construct no less than ten percent (10%) MIFDU units in the subdivision. The Number of MIFDU units required in a subdivision shall be rounded up to the next whole number. All subdivision shall have at least one constructed MIFDU unit within the subdivision. The remaining required units shall be provided by the applicant in any of the following ways: i. The applicant may construct dwelling units in the subdivision equal in number to the remaining percentage (thereby providing a total of twenty five (25%) percent of the yield of the subdivision as MIFDU units. If this option is chosen and such dwelling units are to be constructed, the applicant will receive an increased density of one additional lot per MIFDU lot created in excess often percent (10%)under this option. The additional lots shall be built in the subdivision and shall be MIFDU units. For each additional lot created as part of the increased density pursuant to this option, the developer shall pay a sum representing the cost of development rights equal to the number of additional units created. This sum shall be set by Town Board resolution. This amount shall be paid to the Community Preservation Fund to be used according to the terms of the fund. Alternatively, in lieu of payment, the developer may convey an equal number of development rights on another parcel in Town. ii. The developer shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not June 1, 2004 Southold Town Board Meeting 29 constructed in the subdivision. The per unit sum shall be set by resolution of the Town Board. iii. The applicant may provide property with development rights equal to the percentage of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, Peconic Land Trust or similar organization for the sole purpose of developing affordable housing on the site. The property must be acceptable to the recipient as a viable site for affordable housing development. C. Conservation Subdivision. For all conservation subdivisions, the following formula shall be used to calculate yield. a. Total Parcel Acreage - Unbuildable Lands = Buildable Lands b. Buildable Lands x 25 Percent = Developable Area c. Developable Area + Minimum Lot Area of Zoning District = Yield D. Primary and Secondary Conservation Area Plan Subdivisions shall be created in accordance with the Primary and Secondary Conservation Area Design Process described in this section. All sketch plans shall include the documentation set forth below. 1. Primary and secondary conservation areas shall be identified using Existing Resources and Site Analysis Plan(s) (ERSAP) as a base map. a. Primary conservation areas shall be comprised of areas consisting of freshwater and saltwater wetlands, underwater lands, beaches, lands lying within a 100 year floodplain, slopes equal to or exceeding 15 percent, areas located seaward of the Coastal Erosion Hazard Line and lands subject to easements or other restrictions preventing use of such land for construction of buildings or development b. Secondary conservation areas shall be comprised of areas contributing to Open Space, Recreation and Environmental Resources. Areas include all imposed (i.e. scenic) and jurisdictional buffers (i.e., 100' from wetland boundary), prime farmland, woodlands, aquifer recharge areas, natural floodplains and drainage patterns, areas containing protected species, significant wildlife habitat areas, historic, archeological or cultural features (or eligible to be listed) on national, state, county or local registers of inventories, trails and recreational areas, and scenic views into the property from adjacent properties and existing public roads. Location of House Sites. Using the information from C. 1 a. and b. above, the yield as determined pursuant to this Chapter, the base map and the ERSAP, potential house sites shall be located. House sites should generally be located not closer than 100 feet to Primary Conservation Areas and 50 feet to Secondary Conservation Areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences. Alignment of Streets and Trails. a. A street plan shall be designed to provide access to each house, complying with the standards identified herein and bearing a logical relationship to topographic conditions. Impacts on proposed open space shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing June 1, 2004 Southold Town Board Meeting 30 slopes equal to or exceeding fifteen (15) percent. Existing and future street connections may be required in order to eliminate the number of new cul-de-sacs to be maintained by the Town and to facilitate access to and from homes in different parts of the tract and adjoining parcels. b. The potential location of recreational and off-road walking trails shall also be noted. 4. Location of Lots. "Bubble" lines shall denote the proposed locations. E. Cluster Design The design of a cluster subdivision plat shall be pursuant to the requirements of Article XI herein, if applicable. ARTICLE V Sketch Plat Review § Al06-10. Submission. A. The Applicant shall submit to the Planning Board twelve (12) copies of the sketch plat and other required materials, along with the required fee. The Planning Department staff shall conduct a site inspection upon receipt of an application. B. Upon request, the Applicant shall meet with the Planning Department staff to discuss the objectives and applicability of these regulations inclusive of, but not limited to, the requirements for street improvements, drainage, sewerage, water supply, fire protection and other similar aspects as well as the availability of existing services and other pertinent information. § Al06-11. Technical Requirements. A Sketch Plat shall be prepared at a scale of 1" = 100' and shall include the following: 1. The information required by § A-106-9.A. (ERSAP) 2. Primary and secondary conservation area plan (§ 106-9.C.). 3. Site Context Map: A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For all sites, such maps shall be at a scale of 1 ''= 100', and shall show the relationship of the subject property to natural and man-made features existing within five-hundred (500) feet of the site. The features that shall be shown on Site Context Maps include topography (from USGS maps), State and/or Federal wetlands, woodlands over one-half acre in area (from aerial photographs), public roads and trails, utility easements and rights of way, public land, and protected lands. 4. Field Survey: A field survey of the boundary lines of the parcel with descriptive data by bearings and distances, made and certified by a licensed land surveyor. The corners of tract shall also be located on the ground and marked by substantial monuments of such size and type as approved by the Town Engineering office, and shall be referenced and shown on the Sketch Plat pursuant to § A-106-9.7. 5. Proposed name of the subdivision: (The proposed name shall not duplicate any plat previously filed.) 6.Ownership and Licensed Professional Information. a. Name and address of legal owner of the property. b. Name and address, including telephone number of the design professional, Architect or Engineer responsible for subdivision design, and the design of public improvements. c. Name and address, including telephone number of the Surveyor responsible for mapping and laying out the site. 7. Description June 1, 2004 Southold Town Board Meeting 31 a. North arrow showing true north. b. Tax map section, block and lot numbers. c. Distance to the nearest existing, or platted streets, street intersections, or other public ways within or immediately adjacent to the tract. d. All utilities available and/or proposed including easements therefore, and all streets which are either existing, proposed, or shown on the Official Map, if any. e. Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the Zoning District lines and/or the Chapter 100 requirements applicable to the subdivision. f. Name of any subdivisions immediately adjacent to the parcel and the name of the owners of record of all adjacent property. 8. Existing Easements, Covenants and/or Restrictions: Liber & Page Number and text (s) for all existing easements and a copy of the proposed restrictions on the use of the land, including easements and/or covenants. 9. Existing Improvements. a. Location of any existing drainage systems, sewer lines, septic systems, water mains and lines, wells, culverts and drains on the property, with pipe sizes, grades and direction of flow. b. Width and location of any streets or public ways or places shown on the Official Map or Master Plan, and any updates to it, if such exists, within the proposed subdivision, and the width, location, grades and street profiles of all proposed streets or public ways. c. Location and size of any existing fire control structures, fire hydrants and wells. 10. Calculations: The area of the parcel to be set aside for cluster and/or preservation purposes, and the area to be developed shall be calculated and set forth in a table format. § A106-12. Environmental Review, Conservation Subdivision. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) and its implementing regulations. § A106-13. Completeness, Conservation Subdivision. A preliminary plat application shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion. § A106-14. Review of Sketch Plat. The Planning Board shall study the practicability of the Sketch Plat, considering the requirements of this Chapter, including identified primary and secondary conservation areas. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, storm water drainage, erosion and sediment control, lot sizes and arrangement, the future development of adjoining lands not yet subdivided, current zoning regulations, and the comprehensive plan. § A106-15. Coordination with Other Agencies. A. Prior to granting Sketch Plat approval, the Planning Board may seek comment from any Town Board appointed Committee or outside agency, including the Suffolk County Planning Commission, on any active application. Committee input must be received by the Planning Board no more than thirty (30) days from the date of receipt by the reviewing Committee. B. Referrals to the Suffolk County Planning Commission shall be done in accordance with Article June 1, 2004 Southold Town Board Meeting 32 12-B of the General Municipal Law, and the Agreement between Suffolk County and the Town of Southold, on the form entitled "County Zoning Referral." § A106-16. Action on Sketch Plat; Decision. A. The Planning Board shall take action on the sketch plat application for a Conservation Subdivision not designed as an Open Development Subdivision, the action shall take place at a scheduled meeting of the Planning Board, and the Applicant and the public in attendance shall have the opportunity to be heard. B. A public hearing pursuant to Chapter 58 of this Code shall be held for sketch plat approval of an Open Development Area subdivision. C. The Planning Board shall determine the following: 1. Whether the submission complies with applicable standards, policies, regulations and laws; 2. Whether there are any recommendations by the Board which should be incorporated into a preliminary application, (standard subdivision); or either a final plat application or an open development area application (conservation subdivision); 3. Any other relevant comment relating to the proposed subdivision. D. The Planning Board shall, by resolution, approve or conditionally approve, with or without modifications, or disapprove the proposed sketch plat. E. Nothing shall preclude or bind the Planning Board from issuing or changing its recommendations if new information or a change in circumstances arises at or prior to the next formal application stage. No further Planning Board action will be taken after such expiration until a new sketch plan application has been submitted. § A106-17. Expiration. The determination by the Planning Board shall be valid for a period of six months from the date of issuance, unless extended by resolution of the Planning Board. ARTICLE VI Preliminary Plat Review § A106-18. Waiver, Preliminary Plat Review. If an Applicant submits a Conservation Subdivision, the preliminary plat approval requirement is waived and the Applicant shall proceed directly to final approval process described in §A106-21. § A106-19. Submission. A. The preliminary plat and the supporting documents for a proposed subdivision constitute materials to be submitted to the Planning Board for preliminary approval. The preliminary layout shall show the general design of the subdivision so that the Planning Board can indicate its approval or disapproval prior to the time that any work toward the final design submission is started. Approval of the preliminary layout does not constitute an approval of the final plat, not shall it be considered a valid basis for the construction of the required improvements or for other commitments which depend upon its design characteristics. B. Within six (6) months after the sketch plan approval, or any extension thereof, the Applicant shall submit twelve (12) copies of the preliminary plat review application, preliminary plat and other required materials, along with the required fee. § A106-20. Technical Requirements. A preliminary plat shall be prepared by a licensed land surveyor or engineer, at a scale of 1"=100' and shall include information shown on the approved Sketch Plat including: 1. Proposed layout. 2. Name of the subdivision. 3. Name of property owner. June 1, 2004 Southold Town Board Meeting 33 Name, address and telephone number of New York State licensed engineer or surveyor preparing the preliminary plat. Description a. North arrow showing true north. b. Tax map section, block and lot numbers. c. Distance to the nearest existing, or platted streets, street intersections, or other public ways within or immediately adjacent to the tract. d. All utilities, available and/or proposed, including easements therefore, and all streets which are either existing, proposed, or shown on the Official Map, if any. e. Zoning district, including exact boundary lines of district, if more than one district, and any proposed changes in the Zoning District lines and/or the requirements of Chapter 100 applicable to the subdivision. f. Name of any subdivisions immediately adjacent to the parcel and the name of the owners of record of all adjacent property. g. Land areas proposed to be dedicated to public use and the conditions of such dedication. h. Key Map. 6. Existing Easements, Covenants and/or Restrictions, including liber and page number. 7. Existing and Proposed Improvements. a. Location of any existing sewers, water mains, culverts and drains on the property, with pipe sizes, grades and direction of flow. b. Width and location of any streets or public ways or places shown on the Official Map or Master Plan, if such exists, within the area to be subdivided, and the width, location, grades and street profiles of all streets or public ways proposed by the Applicant. c. Approximate location and size of any proposed water lines, valves, hydrants and sewer lines, and fire alarm boxes. Connection to existing lines or alternate means of water supply or sewage disposal and treatment as provided in the Public Health Law or Environmental Conservation Law. Profiles of all proposed water and sewer lines. d. Storm drainage plan showing the approximate location and size of proposed lines and their profiles. Connection to existing lines or alternate means of disposal. e. Plans and cross-sections showing the proposed location and type of any sidewalks, street lighting standards, street trees, curbs, water mains, sanitary sewers and storm drains, and the size and type thereof; the character, width and depth of pavements and sub-base, the location of manholes, basins and underground conduits. f. Preliminary designs of any bridges or culverts which may be required. 8. Preliminary Road and Drainage Plan. The developer shall submit six (6) copies of the Road and Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. a. Road and Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter A- 108, Highway Specifications, of the Code. b. Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: i. Metes and bounds descriptions of all building lots indicating lot areas, proposed June 1, 2004 Southold Town Board Meeting 34 building envelopes and scenic buffer areas. ii. Utilities - indicate size and location of all below grade utilities including proposed water mains, electrical conduit and transformer pads. iii. Fire Wells or Fire Hydrants. iv. The limits of all Tidal and Fresh Water Wetlands within one hundred (100) feet of the proposed development. v. Topographical contours at an interval that will accurately depict the slope and contour of the site. vi. Road Profiles and typical cross-sections. vii. Drainage calculations and design indication all drainage structures and piping. viii. Test hole and Boring Data. ix. All existing and proposed easements indicating width, area and purpose. x. Concrete Survey Monuments. xi. Curbing. xii. Sidewalks. xiii. Street Lights. xiv. Street Trees, including size, type and specifications for placement. xv. Street Signs, indicating type and location. § A106-21. Environmental Review, Standard Subdivision. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) and its implementing regulations. § A106-22. Completeness. A preliminary plat application shall not be considered complete until a negative declaration has been filed or until a notice of completion of the draft environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of a preliminary plat shall begin upon filing of such negative declaration or such notice of completion. § A106-23. Action on Preliminary Plat. The Planning Board shall study the practicability of the Preliminary Plat, considering the requirements of this Chapter, including identified primary and secondary conservation areas. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage disposal, storm water drainage, erosion and sediment control, lot sizes and arrangement, the future development of adjoining lands not yet subdivided, current zoning regulations, and the comprehensive plan. The Town Superintendent of Highways and the Town Engineering office will review all aspects of the proposed subdivision, perform a field check, and submit reports to the Planning Board with their recommendations prior to the close of the environmental review period, if any. A. Public Hearing. The Planning Board shall hold a public hearing within sixty-two (62) days after receipt of the complete submission required by §A106-18 of this Chapter and in conformance with §276 of the New York State Town Law. 1. Notice of the public hearing shall be advertised in the official town newspaper at least ten (10) days prior to such hearing. 2. The Applicant shall notify all adjoining property owners at least ten (10) days prior to the public hearing by certified mail and shall file with the Board an affidavit showing the names and addresses of those so notified, the Tax Map numbers and their respective properties and the date of mailing of the required notices 3.Applicant shall erect a sign provided by the Planning Board, which shall be prominently June 1, 2004 Southold Town Board Meeting 35 displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (la) feet from the property line, shall not be less than two (2) feet nor more then six (6) feet above the grade at the street line. The sign shall be displayed for a period of not less than ten (la) days immediately preceding the date of the public hearing date or any date to which the hearing may be adjourned. The Applicant shall file an affidavit that he has complied with this provision. B. Preliminary approval. Within sixty-two (62) days following the close of the public hearing, the Planning Board shall either: 1. Approve the preliminary plat as submitted; 2. Approve the preliminary plat with such modifications as the Planning Board shall be deemed necessary; or 3. Disapprove the preliminary plat. C. Extension of time. Notwithstanding the foregoing provisions, the time in which the Planning Board must take action on the preliminary plat may be extended by mutual agreement between the Applicant and the Planning Board. D. Filing and Certification. 1. Filing of Decision. Within five (5) business days of the adoption of the Planning Board resolution stating the decision on the preliminary plat, the Clerk of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk. 2. Certification of Decision. Within five (5) business days of the adoption of the resolution granting approval of the preliminary plat, such plat shall be certified as having been granted preliminary approval by the Clerk of the Planning Board, and a copy of the plat and resolution shall be filed in the Planning Board office and a certified copy of the resolution mailed to the owner. E. Expiration of preliminary approval; Revocation 1. Preliminary plat approval shall expire six (6) months from the date the Planning Board shall have adopted its resolution of approval, unless extended by further resolution of the Planning Board, such extension not to exceed a total of 180 days. Such extension shall be granted only if the pre-submission fully conforms to the zoning regulations in effect at the time such extension is applied for. 2. In the event that the Applicant shall fail to apply for approval of a final subdivision plat prior to expiration of the preliminary approval, all documents required by this section shall be resubmitted and a second preliminary filing fee shall be paid before any application for final plat approval shall be accepted or processed. ARTICLE VII Final Plat Review § A106-24. Submission. A. In order to obtain final plat approval the following applies; however, a conservation subdivision may follow, instead, the requirements for an Open Development Area as set forth in Article VIII of this Chapter. B. Application for Final Plat approval shall be made prior to the expiration of sketch plan approval for a Conservation Subdivision and or preliminary plat approval for a Standard Subdivision. C. Required Documents: The final plat shall show the layout and other aspects approved by the Planning Board in its sketch plat or preliminary plat approval, and any other conditions June 1, 2004 Southold Town Board Meeting 36 5. Any other documents required by the Planning Board as a condition of its sketch preliminary plat approval. § Al06. 25. Technical Requirements. A. imposed by the Planning Board in those approvals. The application for final plat review shall include: 1. Twelve (12) paper copies and four (4) mylar copies of the final plat. 2. Five (5) copies of the Final Road and Drainage Plan. 3. Two (2) copies of cost estimate of public improvements required under Article X and IX of this Chapter. 4. Fee. plat or The Final Plat shall be printed upon Mylar or other base material acceptable to the County Clerk. The size of the sheets shall be eighteen (18) inches by twenty (20) inches or twenty(20) by thirty-six (36) inches, including a margin for binding of two (2) inches, outside of the border, along the left side and a margin of one inch outside of the border along the remaining sides. The Final Plat shall be drawn at a scale of no more than 1"=100' and oriented with the north point at the top of the map. When more than one sheet is required, an additional index sheet of the same size shall be filed showing to scale the entire subdivision with lot and block number clearly legible. The Final Plat shall show: 1. Proposed subdivision name or identifying title and the name of the Hamlet, Town and County in which the subdivision is located, the name and address of record owner and Applicant, name, license number and seal of the professional engineer or licensed land surveyor. 2. Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use. 3. Sufficient data acceptable to the Town Engineering office to determine readily the location, bearing and length of every street line, lot line, boundary line, and to reproduce such lines upon the ground. Where applicable, these should be referenced to monuments included in the State system of plane coordinates and in any event should be tied to reference points previously established by a public authority. 4. The length and bearing of all straight lines, radii, length of curves and central angles of all curves, tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. All dimensions shall be shown in feet and decimals of a foot. The Final Plat shall show the boundaries of the property, location, graphic scale and true north point. 5. The Final Plat shall also show by proper designation all public open spaces for which deeds or easements are included and those spaces title to which is reserved by the Applicant. For the latter, there shall be submitted with the Final Plat copies of agreements or other documents showing the manner in which such areas are to be maintained and the provisions made therefore. 6. All offers of dedication and covenants governing the maintenance if reserved open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency. 7. Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with prevailing Town practice. 8. Permanent reference monuments shall be both shown and constructed in accordance with specification(s) of the Town Engineering office. When referenced to the State system of June 1, 2004 Southold Town Board Meeting 37 plane coordinates, they shall also conform to the requirements of the State Department of Transportation. They shall be placed as required by the Town Engineering office and their location noted and referenced on the Plat. 9. Reference to any self imposed restrictions, and locations of any building lines proposed to be established in this manner, if required by the Planning Board in accordance with these regulations. 10. Endorsement of the Suffolk County Department of Health and/or the Suffolk County Water Authority. 11. A statement that a declaration of covenants and restrictions has been filed in the County Clerk's office and that such covenants and restrictions affect the subdivision and properties within it. C. The developer shall submit six (6) copies of the Road and Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. 1. Road and Drainage plans shall show all meets and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter A-108, Highway Specifications of the Town Code. 2. Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: a. Metes and bounds descriptions of all building lots indicating lot areas, proposed building envelopes and scenic buffer areas. b. Utilities - indicate size and location of all below grade utilities including proposed water mains, electrical conduit and transformer pads. c. Fire Wells or Fire Hydrants. d. The limits of all Tidal and Fresh Water Wetlands within one hundred (100') feet of the proposed development. e. Topographical contours at an interval that will accurately depict the slope and contour of the site. f. Road Profiles and typical cross-sections. g. Drainage calculations and design indication all drainage structures and piping. h. Test hole and Boring Data. i. All existing and proposed easements indicating width, area and purpose. j. Concrete Survey Monuments. k. Curbing. 1. Sidewalks. m. Street Lights. n. Street Trees - including size, type and specifications for placement. o. Street Signs - indicating type and location. § A106-26. Environmental Review. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act (SEQRA), and its implementing regulations. § A106-27. Completeness. When no preliminary plat is required to be submitted, an application for final plat approval shall not be considered complete until a negative declaration has been filed or until a notice of completion of the final environmental impact statement has been filed in accordance with the provisions of SEQRA. The time periods for review of such plat shall begin upon filing of such June 1, 2004 Southold Town Board Meeting 38 negative declaration or such notice of completion. § A106-28. Coordination of Review of Performance Bond Estimate. Upon receipt of the complete application for Final Plat approval, a copy of the cost estimate required under Article IX of this Chapter and the road and drainage plan required under {}Al 06-22 shall be forwarded to the Office of the Town Engineer for review and compliance with Chapter 108 Highway Specifications, and other relevant provisions of the Town Code. The Planning Board shall accept, reject or modify the recommendations of the Town Engineering office at a public meeting and shall notify the Applicant of its decision. § A106-29. Action on Final Plat. Within sixty-two (62) days after the date of the public hearing, the Planning Board shall, by resolution, approve or conditionally approve with or without modifications, grant final approval and authorize the signing of such plat or disapprove the plat. Notwithstanding the foregoing provisions hereof, the time in which the Planning Board must take action on such plat may be extended by mutual consent of the Applicant and the Planning Board. § A106-30. Public Hearing; Decision; Filing; Expiration. A. Public hearing. Upon receipt of a complete application, the Planning Board shall set a public hearing pursuant to Chapter 58 of the Town Code. B. Final approval. Prior to obtaining the Planning Board Chair's or Vice Chair's signature of the final plat, the developer shall have provided the following: 1. Performance bond. 2. Approval of final road and drainage plans from the Town Engineering office. 3. Schedule of construction dates. 4. Copies of required permits. C. Conditional approval of final plat. Conditional approval does not qualify the final plat for recording or authorize issuance of building permits prior to the recording of the plat in the County Clerk's office. The Applicant shall have one hundred and eighty (180) days from the adoption of a resolution of conditional approval to meet the conditions. The Planning Board may extend this time for no more than two (2) additional periods of ninety (90) days each. The conditionally approved final plat shall not be filed until all conditions have been met. D. Filing of Decision on Final Plat. Within five (5) business days from the date of the adoption of the resolution approving the final plat, the Chair or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the office of the Town Clerk. E. Final Approval, Filing, Expiration. The approved Final Plat shall then be signed by the Chairperson or other duly authorized officer of the Planning Board, and forwarded to the Applicant for filing at the Suffolk County Clerk's Office. The Final Plat shall be filed by the Applicant within sixty-two (62) days of the date of final approval, or such approval shall expire. Final approval shall be determined in accordance with {}276 of the New York State Town Law. F. Final Plat Void If Revised After Approval. No changes, erasures, modification(s), or revisions shall be made to any Final Plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said plat is first resubmitted to the Planning Board and the Planning Board approves any modifications. In the event that any such final plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the final plat stricken from the records of the Suffolk County Clerk. June 1, 2004 Southold Town Board Meeting 39 G. Default Under Previous Final Plat. The Planning Board shall not approve a Final Plat if the Applicant is in default on a previously approved Final Plat. ARTICLE VIII Open Development Area § A106-31. Establishment of an Open Development Area. A. An Applicant who has received sketch plat approval for a Conservation Subdivision pursuant to this Chapter may apply to the Town Board for establishment of an Open Development Area pursuant to {}280-a(4) of the New York State Town Law. B. The Town Board may grant the Applicant the right to seek future approval of the creation of lots and the issuance of permits for the erection of structures to which access is given by right- of-way or easement. Such right shall be in accordance with the designated zoning district and the density and minimum lot size for the property in effect at the time of the establishment of the Open Development Area. C. This provision supercedes and amends New York State Town Law {}265-a insofar as that section places a limited exemption on the time within which an adoption, change or amendment to the Zoning Regulations shall be applicable to a filed plat. § A106-32. General Requirements. A. An Open Development Area must meet the following general criteria: 1. It shall be located within the A-C, R-400, R-200, R-120, R-80 or R-40 zoning districts; 2. It shall provide for the perpetual preservation of seventy-five (75) percent of the buildable land on the parcel; 3.Access to the ODA shall be provided by a right-of-way or easement; 4. The area where the proposed lots will be located shall be in accordance with that shown on the approved sketch plat. § A106-33. Submission Requirements. The Applicant shall submit the following items to the Town Clerk's Office: 1. A completed petition to establish an Open Development Area; 2. Three mylar and twelve paper copies of a map prepared to a scale of 1" = 100; and including all information required in Article V (Sketch Plat Review) and the size and notation requirements set forth in Article VII (Final Plat Review) of this Chapter.; 3.An executed easement (permanently preserving seventy-five (75) percent of the property) between the property owner and one of the following entities: the Town of Southold, the County of Suffolk, or a private conservation corporation or land trust approved by the Town Board. § A106-34. Procedure. A. Upon receipt of the items required under {}A106-33, the Town Board shall refer the petition to the Planning Board for its review and specific recommendations within fourteen (14) days of receipt of referral. B. The Town Board shall provide notice pursuant to Chapter 58 of the Town Code and shall hold a public hearing. C. The Town Board shall comply with the requirements of SEQRA. D. Following receipt of the Planning Board's recommendation and the public hearing, the Town Board may establish an Open Development Area consisting of a certain number of acres within a specified portion of the proposed Conservation Subdivision. The Town Board may incorporate such further conditions and limitations as may be prescribed by the Planning Board by general or special rule. Such approval shall be by resolution. June 1, 2004 Southold Town Board Meeting 40 E. The approved map shall be signed by the Town Supervisor. F. The following filing procedures shall be implemented for an approved ODA: 1. The mylar maps shall be filed by the applicant with the County Clerk's Office as a miscellaneous map within 62 days of the date of approval. 2. Three paper copies shall be filed with the Town Clerk's Office, of which one copy will be returned to the Applicant and one copy shall be sent to the Planning Board office for its records. 3. Failure to file the approved map within 62 days of the date of approval shall result in an expiration of such approval. § A106-35. Creation of Lots within an ODA Subdivision. A. In order to create any lot (s) within a filed ODA subdivision, the property owner shall submit the following items to the Planning Board office: 1. Petition to implement the ODA. 2. Twelve paper copies of the ODA showing the location and dimensions of the proposed lot (s), in accordance with the approved ODA map. 3.Five paper copies of preliminary road and drainage plans. 4.Fee. B. Upon receipt of an application, the Planning Board office shall refer the road and drainage plans to the Town Engineering office for an estimate of the required improvements. C. Upon receipt of the performance bond estimate, the Planning Board shall accept or modify said estimate. D. The Planning Board shall comply with applicable provisions of the State Environmental Quality Review Act (SEQRA). E. The Planning Board shall hold a public hearing on the petition. Notice shall be provided pursuant to Article 58 of the Town Code. F. If approved, the revised map shall be signed and dated and filed by the applicant in the Office of the County Clerk, the Town Clerk and the Planning Board office within 62 days after approval. ARTICLE IX Performance Bonds and Other Security § 106-36. Purpose of Performance Bond. A performance bond is posted by the Applicant to guarantee to the Town that he/she will faithfully construct or cause to be constructed the required public improvements which were an integral part of the approved final plat and, further, that the construction shall be completed within a reasonable period of time. § A106-37. Performance Bond. A. Performance Bond estimate. The amount of the undertaking, secured by cash or certified check or other acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the required capital improvements, Including but not limited to road clearing, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life of the bond. B. The Planning Board shall pass a resolution either approving or modifying the performance bond estimate as recommended by the Superintendent of Highways. C. The developer shall present the performance bond executed on the standard performance bond form to the Town Attorney for review as to form and sufficiency. D. The Town Attorney shall arrange to have the performance bond placed before the Town Board meeting. June 1, 2004 Southold Town Board Meeting 41 E. The Town Board shall approve or disapprove the performance bond as presented by the Town Attorney. If the performance bond is approved, it shall be filed with the Town Clerk, and the Town Clerk shall notify the Planning Board, in writing, of the Town Board's action. F. The Chair of the Planning Board shall not sign a final plat until notification by the Town Clerk of the Town Board's approval of the performance bond. G. After construction of the public improvements covered by the performance bond and prior to the release of the bond, the developer shall prepare a set of the approved drainage plans and street profiles amended to indicate as-constructed information. The developer then may apply to the Town Engineering office and/or Superintendent of Highways for a final inspection of the work. When the work has been completed to the satisfaction of the Town Engineering office and/or Superintendent of Highways, they shall recommend to the Town Board that the performance bond be released. § A106-38. Maintenance bond. A. At the time of the release of the performance bond, a maintenance bond shall be furnished by the developer to guarantee upkeep and the workmanship and materials of all required improvements for a period of one year from the date of release of the performance bond by the Town. This bond shall be in an amount which is one-third of the performance bond estimate. If the improvements are not taken over by the Town, an annual maintenance bond shall be required, annually updated and running until the improvements are dedicated to the Town. The amount of this bond shall be determined by the Superintendent of Highways, and the form shall be in accordance with § 106.39. B. Where dedication of required improvements has not been accepted by the Town Board, maintenance inspection shall be made annually by the Town Engineering office and/or Superintendent of Highways. In the event that such required improvements are not maintained according to the Department of Highway specifications, the Town Engineering office and/or Superintendent of Highways shall recommend to the Planning Board that such maintenance bond be declared in default and the offer of dedication shall be accepted by the Town Board. § A106-39. Forms of security; expiration and terms of bonds; default. A. Form of security. Any security to a bond must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to: 1. The deposit of funds in a savings passbook or a certificate of deposit (CD) issued by a bank or trust company located and authorized to do business in the State of New York and maintaining an office for the transaction of its business in the Town of Southold. The Town Board may require that the savings passbook or CD be accompanied by an executed withdrawal slip made payable to the Town of Southold and/or an assignment of the right to the funds upon a default. Each passbook or CD shall also be accompanied by a letter from the bank acknowledging the use of the passbook or CD as security to a bond and that no funds will be released unless authorized by a resolution of the Town Board. 2. An unconditional and irrevocable letter of credit from a bank or a corresponding bank located and authorized to do business in the State of New York and maintaining an office for the transaction of business in the Town of Southold. The letter of credit shall certify the following: a. That the creditor does guarantee funds in an amount equal to the cost, estimated by the Town Engineering office or Superintendent of Highways and approved by the Planning Board, of completing all required improvements. June 1, 2004 Southold Town Board Meeting 42 b. That, in the case of failure on the part of the Applicant to complete the specified improvements within the required time period, the creditor shall pay to the Town Board immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter. c. That the letter of credit may not be withdrawn, or reduced in amount, until released by the Town Board. d. That the term of the letter of credit shall extend at least six months past the term of the bond. Obligations of the United States of America. Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full amount of the security required. Upon the recommendation of the Planning Board, the Town Board may accept a deed, transferring the fee title of real property, free and clear of any mortgage or lien, having a value established by the Town Tax Assessor of at least 150% of the amount of the security required, such title to be held by the Town in escrow only for the purpose of securing the performance or maintenance required. The Town Board shall retain the right to reject the use of a property escrow where there is no benefit to the Town or it may reject the use of any property when value of such property is sufficiently unstable, when it believes that the property will be unusually difficult to sell or for other reasons such as will inhibit the Town from exchanging the property for a sufficient amount of money to complete the required improvements. Said deed shall be accompanied by the following: a. All documents necessary for recording of the deed in the Suffolk County Clerk's office. b. An agreement with the Town Board, to be filed in the office of the Suffolk County Clerk, stating the following: i. That, in the event of default in performance or maintenance for which the undertaking shall be given, the Town Board may accept the property on behalf of the Town of Southold. In such a case, the Town may record the deed in the office of the Suffolk County Clerk, sell such real property and apply the net proceeds of the sale in the same manner as if the funds had been held in a deposit or certificate described in Subsection A(1) above. ii. That the grantor shall pay all real property taxes on the property held in trust during the term of the bond. iii. That the property to be placed in trust as an improvement guarantee will not be used for any other purpose, or pledged as a security in any other matter, unless and until released by the Town Board. iv. That upon the completion of the work or maintenance period or when the benefit to the Town shall have been received or the purpose of accepting this form of security is deemed unnecessary by the Town Board, the deed and/or title to the subject property shall be released or conveyed to the grantor or such other person as may be entitled to the same, free and clear of any liens or defects, except those in existence at the time of the delivery of the deed to the Town and which continue in existence or which may have thereafter been placed thereon June 1, 2004 Southold Town Board Meeting 43 with the knowledge and consent of the owner. v. Affidavit of title or title certification affirming that the property to be used as a guaranty is free and clear of any encumbrances or liens at the time it is to be put into trust. vi. Notwithstanding the aforementioned provisions, the Town Board may, in its discretion, accept such other security as may be allowed by law, where there is a benefit to the Town. vii. If the term of the performance bond will expire prior to the completion of the public improvements, the Town Engineering office and/or Superintendent of Highways shall recommend to the Planning Board either that the term of the bond be extended to permit completion of the work by the Applicant or that the bond be declared in default. The Planning Board shall advise the Town Board, by resolution, if its recommendation is for default of the bond. The Town Board shall act on the release of or declaration of default on the performance bond. viii. The performance bond shall have a term of two years. The term of a performance bond may be extended by the Planning Board, with the approval of the Town Board. When such an extension is granted, it may be required that the performance bond estimate be increased to take into consideration changes in construction costs in order to carry out the required capital improvements. B. Default. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance or maintenance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. ARTICLE X Required Public Improvements, Inspections, Fees § A106-40. Required improvements and utilities. A. All public improvements shown on the final plat and final road and drainage plans will be required and must be bonded. B. The following public utilities will be required, but bonding is not required. Assurance of construction from the appropriate private company or public agency must be supplied to the Planning Board by the Applicant. i. Fire hydrants as specified by the Fire Commissioners (only when water mains are to be installed). ii. Sewage disposal facilities when specified by appropriate agencies. iii. Utilities, including but not limited to electric, gas, telephone and television, all of which must be located underground. The Applicant shall provide a letter from each public utility company stating that the company will make the necessary installations for its service. These letters shall be submitted with the performance bond provided pursuant to §A106-31. C. Public improvements subject to the bonding requirements of this Chapter shall be constructed in accordance with Chapter A108, Highway Specifications. D. Fire wells shall be installed according to the specifications of the respective fire district, which June 1, 2004 Southold Town Board Meeting 44 specifications shall be proposed by the office of the Planning Board. Upon completion of the installations, the Applicant shall arrange for appropriate testing of the wells to the satisfaction of the respective fire district prior to final plat approval. E. Site preparation. Site preparation and construction of the required public improvements shall not begin (1) until the final plat has been signed by the Chairman or the Vice Chairman of the Planning Board and the final plat has been duly recorded in the Office of the Suffolk County Clerk; or (2) unless such work is to be performed without posting a performance bond, in which event, such work shall not begin until a resolution conditionally approving the final plat has been adopted by the Planning Board, and any conditions set forth therein required to be met prior to beginning such work shall have been complied with. § A106-41. Inspection of improvements. A. All bonded improvements shall be inspected by the Town Engineering office and Superintendent of Highways to ensure satisfactory completion. B. At least 48 (forty-eight) hours' notice shall be given to the Town Engineering office and Superintendent of Highways prior to any major construction or installation so that a representative of the Town may be present when the work is performed. i. The developer shall supply the Town Engineering office and Superintendent of Highways with a schedule of construction indicating the beginning and completion dates of each of the following phases of work: a. Cleaning and grubbing. b. Drainage pipe installed with other drainage structures before backfilling and recharge basin excavation. c. Road sub base analysis. d. Curbing and sidewalk. e. Placement of road base course materials. f. Finished roadway pavement materials. g. Landscaping and fencing. h. Sidewalks. ii. No work on any item in this subsection shall begin on a week-end or legal holiday. C. The developer shall notify the Town Engineering office and Superintendent of Highways, in writing, at least five days prior to the completion of each of the above phases of construction. D. Construction testing of roadway pavement materials shall be performed in accordance with the requirements of the road and drainage standards for the Town of Southold. E. The Town Engineering office shall coordinate the placement of the following improvements, with the developer and the utility company: 1. Water mains and hydrant connections, prior to backfilling. 2. Fire well. 3. Placement of underground electric, telephone or television cables. 4. Placement of underground lines/mains. 5. Installation of all underground drainage structures prior to backfilling. F. A final inspection of all improvements shall be made by the Town Engineering office and/or Superintendent of Highways to determine whether the work is satisfactory and in substantial agreement with the approved final plat drawings, design standards of these regulations and the construction specifications for subdivisions. The general condition of the site shall also be considered. If it appears likely that hazardous conditions exist or may arise, the Town June 1, 2004 Southold Town Board Meeting 45 Engineering office and/or Superintendent of Highways may require that special measures be taken by the developer. G. All development greater than a cumulative area of one acre shall require Phase I! Stormwater/erosion control mitigation requirements as set forth by federal and state regulations including SPDES General Permit for Stormwater Discharges from Construction Activity (GP- 02-01). § A106-42. Administration fee. A. Administration fees shall be required for subdivision map review, project coordination and field inspections by the Town Engineering office. B. This fee shall be equal to six (6) percent of the adopted final total cost of capital improvements (performance bond estimate), including but not limited to roads, clearing and drainage. C. When new road construction is not part of the subdivision (subdivision on an improved road), the Applicant shall pay a review fee equivalent to two thousand ($2,000) dollars per lot or six (6) percent of the bond, whichever is greater. D. All checks shall be made payable to the Town of Southold. E. If a subdivision is abandoned, no part of the administration fees already paid to the Town will be returned to the Applicant. § A106-43. Waiver. With the approval of the Town Engineering office and the Highway Superintendent, the Planning Board may waive the provision of any or all required improvements which required in its judgment and considering the special circumstances of a particular plat or plats, are not required in the interests of the public health, safety and general welfare. For each waiver granted, the Planning Board shall enter upon the records its reasons why the particular improvement is not necessary and it shall attach appropriate conditions or require such guaranties as may be necessary to protect the public interest. § A106-44. Safeguards during construction. In order to prevent flooding, erosion or any other dangerous or hazardous condition from occurring during the progress and completion of required improvements, the Planning Board may require the developer or his agents to take any action, including the construction and/or installation of temporary facilities, as the Town Engineering office may recommend. Such recommendations may not supercede state requirements under SPDES permit GP-02-01. § A106-45. Modification of Design of Improvements. If at any time before or during the construction of the required improvements, the Town Engineering office, the Highway Superintendent and the Planning Board determine that unforeseen conditions make it necessary or preferable to modify the location or design of any required improvements, the Town Engineering office may, upon approval of the Planning Board and with the concurrence of the Highway Superintendent, authorize such modifications, provided they are within the spirit and intent of the Planning Board's prior approval and do not extend any waiver or constitute a substantial alteration of the function of any improvements required by the Planning Board. The Town Engineering office shall issue any authorization under this Section in writing and shall transmit a copy of such authorization to the Planning Board prior to its next regular meeting. § A106-46. Mapping of Completed Improvements; Monuments. A. The required improvements shall not be considered to be completed until their installation has been approved by the Town Engineering office and a map satisfactory to the Planning Board has been submitted indicating the location of monuments marking all underground drainage utilities as actually installed and the corners of all new lots created by the developer. June 1, 2004 Southold Town Board Meeting 46 B. Where field conditions necessitate modifications to the approved road and drainage maps, the Town Engineering office shall have the right to require amended maps for the public record. C. Monuments. 1. Property boundary monuments shall be required for each subdivision. Monuments shall be set on the inside corners of outside boundaries of the land subdivided, at each point where there is a change of alignment. Except where the boundary is a water course, the monuments shall be offset in the line of the adjacent traverse. 2. Property boundary (survey) monuments shall be of concrete. Monuments shall not be less than six (6) inches in diameter, thickness or width. Concrete monuments shall be reinforced with metal. All monuments shall be not less than forty- two (42) inches in length and set vertically with the top of the monument flush with the top of the improved ground. The final monuments shall not be installed prior to completion of final grading. 3. Two street boundary monuments shall be set at diagonally opposite corners of each street intersection, also on one side of a curve in a street at the point of tangency and at the point of curvature. 4. Each lot in the subdivision shall be referenced by two markers located at the intersection of the side boundary line of the lot and the front property line. Lot boundary line markers shall be of metal rod or pipe not less than three-quarters inch in diameter and twenty-four inches in length and driven so that the top of the marker is flush with the level of the improved ground. 5. A letter from a NYS Licensed Land Surveyor shall be provided by the Applicant to the Planning Board certifying that all monuments are installed as shown on the approved Final Plat. 6. Location of all proposed survey monuments shall be shown on preliminary maps for review and approval by the Town Engineering Office prior to Planning Board approval of the final plat. ARTICLE XI Cluster Development § A106-47. Authority and Purpose. A. Authority is hereby granted to the Planning Board pursuant to New York State Town Law {}278 to modify applicable provisions of Chapter 100 of this Code, Zoning, as to layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping, to enable and encourage flexibility of design and development of land in such manner as to preserve the natural and scenic qualities of open space lands. B. The Planning Board shall require cluster development of parcels seven (7) acres or greater in size and not classified as a Conservation Subdivision. C. The Planning Board, at its discretion, may mandate cluster development of a parcel of seven (7) acres or less in size in order to preserve the natural and scenic qualities of open Lands. The Planning Board shall consider the ERSAP in making such a determination, and may require cluster development upon a finding that natural and scenic qualities of the parcel including but not limited to the following, should be preserved: 1. Slopes: slopes of fifteen (15) percent or greater on twenty-five (25) percent or more of the property. 2. Land seaward of the Coastal Erosion Hazard Area line. 3. Water resources: wetlands, aquifer and aquifer recharge areas, municipal water supply June 1, 2004 Southold Town Board Meeting 47 watershed areas, flood-prone areas as shown on Federal Emergency Management Agency maps, New York State Protected Areas, or areas legally protected by the County of Suffolk, the Town of Southold, Private Trusts or other Entities or Agencies. 4. Agricultural lands: active farmland within a New York State certified Agricultural District, lands within 2,000 feet of a New York State certified Agricultural District, or soils classified in groups 1 to 4 of the New York State Soil Classification System or areas legally protected by the County of Suffolk, the Town of Southold, Private Trusts or other Entities or Agencies. 5. Community water and/or sewer: sites where community sewer, community water, or community water and sewer are available or planned. 6. Critical Environmental Areas: Lands within or contiguous to a Critical Environmental Area designated pursuant to Article 8 of the Environmental Conservation Law. 7. Designated open space areas: lands contiguous to publicly owned or designated open space areas, privately owned designated natural areas, or areas identified in the Southold Town Farm and Farmland Protection Strategy. 8. Historic structures and sites: historic structures or areas of national, state or local importance. 9. Scenic view sheds and special features: sites bordering designated State, County or Town Scenic Roads, or "special features" identified in the Town's Comprehensive Plan. 10. Significant natural areas and features: areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special concern species as determined by the New York Department of Environmental Conservation (Natural Heritage Program) or the Town Conservation Board, mature forests over one-hundred (100) years old, locally important vegetation or unique natural or geological formations. 11. Trails: existing and potential trails, bikeways, and pedestrian routes of Town, State or County significance. 12. Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Comprehensive Plan. 13. Applicant Request: on lands where the Applicant has requested approval of a Cluster Development subdivision. The Planning Board, at its discretion, may mandate cluster development in the HD, AHD, RR, RO, LB, HB and B zoning districts for residential uses as permitted by this Code. The Planning Board shall not increase the density permitted on the subject parcel as determined pursuant to §A106-9 of this Chapter. Where two or more properties are held in common ownership by the Applicant (s) and the properties are adjacent or contiguous to one another, whether separated by a public or private street, utility easement or other such easement, the Planning Board may require clustering of the cumulative permissible yield onto one or more of the parcels. Where two or more properties are held in common ownership by the Applicant (s) and the properties are not adjacent or contiguous to one another, the Planning Board may require clustering of the cumulative permissible yield onto one or more of the parcels, subject to an approving resolution by the Town Board. Design Requirements for Cluster Development Subdivisions. In addition to the other requirements of this Chapter, the following shall apply: 1. In the R-400, R-200, R-120, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set aside a minimum of 60 percent of the buildable lands as open June 1, 2004 Southold Town Board Meeting 48 space lands. 2.Easements may be included in the calculation of the minimum required open space. 3. Roads, streets, right-of-ways may not be included in the calculation of the minimum required open space. § A106-48. Determination of Clustered Open Spaces Using Primary and Secondary Conservation Areas. A. The required open space land shall consist of a combination of Primary Conservation Areas and Secondary Conservation Areas as defined in §A106-3 and described in §A106-9(A). The proposed design shall strictly minimize disturbance of these environmentally sensitive areas. The Applicant shall demonstrate that such features will be protected by the proposed subdivision plan. B. The location of open space lands shall be determined in general accordance with the goals of the Town's Comprehensive Plan and In particular, with the Southold Town Farm and Farmland Protection Strategy to provide an interconnected network of open space and farmland. C. Active agricultural land with farm/agricultural support buildings_may be used to meet the minimum required open space land. D. Open space land should generally remain undivided. No individual parcel of common open space shall be less than one (1) acre except for roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainage ways, historic sites or unique natural features requiring common ownership protection. E. No portion of any house lot as described in a existing or future deed may be used for meeting the minimum required open space land unless encumbered with a perpetual restriction preventing the development of such area in any way. F. House lot standards. Development areas for the location of house lots include the necessary building envelope for each dwelling unit, constituting the remaining lands of the tract outside of the designated open space areas. House lots shall not encroach upon Primary Conservation Areas and their layout shall, where practical, respect Secondary Conservation Areas. House lots shall be designed in accordance with the following standards: 1. The buildable area of all proposed lots all shall meet the following setback requirements to the greatest extent practicable: a. From all external road right-of-ways including New York State designated scenic byways (S.R. 25 and C.R. 48): one-hundred (100) feet. b. From all other tract boundaries: fifty (50) feet. c. From agricultural lands, either bordering or within the tract: fifty (50) feet. d. From active recreation areas such as courts or playing fields (not including small playgrounds for young children): one-hundred (150) feet. G. Views of house lots from exterior roads and abutting properties shall be minimized by the use of natural or landscaped buffers, changes in topography, existing vegetation, or additional landscaping in accordance with this Chapter or other provisions of the Code. H. House lots shall generally be accessed from interior streets, rather than from roads bordering the tract. New intersections with existing public roads shall be minimized. Two access ways into and out of subdivisions containing ten (10) or more dwellings are generally required for safety. Proposals for more than two entrances onto an arterial road as defined herein shall be discouraged if they would unnecessarily disrupt traffic flow or unduly impact the environment. I. At least three-quarters of the lots shall directly abut or face open space created under this Chapter, if practical. June 1, 2004 49 Southold Town Board Meeting § A106-49. Protection and [lse of Open Space Lands. A. Ownership. As a condition of approval of a subdivision plat pursuant to this Chapter, the Planning Board shall require that fee title to parcels of open space shown on the plat be conveyed to one (1) or more of the following: 1. The Town of Southold or other governmental unit or authority. The Town may, but shall not be required to, accept any portion of the open space land and common facilities, provided that: a. There is no substantial cost of acquisition to the Town; and b. The Town agrees to and has access to maintain such facilities; and c. Such facilities for public use shall be accessible to residents of the Town. 2. Homeowners' Association. Open space land and common facilities may only be conveyed to a homeowners' association if the following regulations are met: a. The Applicant shall provide the Town with a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities. b. The proposed association shall be established by the owner or Applicant and instruments which satisfy the requirements of this section must be recorded no later than the date on which the subdivision map is filed with the Suffolk County Clerk. c. Membership in the association shall be mandatory for each property owner within the subdivision and the owner's successors in interest, and each such owner must be required to pay a proportion of the annual cost of maintaining the open space or common areas. d. The association must have the power to levy assessments against each lot owner and which become a lien on the real property of any member who falls delinquent in his or her assessments. e. Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Town no less than thirty days prior to such event. 3. Non-common private ownership. The required open space land may be included within one or more large agricultural reserve lots provided the open space is permanently restricted from future development, except for those uses listed in §A106-41C. This option may be preferable for open space land that is intended for agricultural, horticultural, or silvicultural use. 4. A private conservation corporation or land trust approved by the Planning Board, which is required under its charter to own and manage the open space in perpetuity for one (1) or more of the purposes set forth in this chapter and which has the capacity to do so. B. Grant of restrictive easements required. Where fee title to open space as provided in this Section will be conveyed, the Planning Board shall ensure that the open space is used in perpetuity only for the uses approved by the Board and shall ensure that public and record notice is given of the nature of the restrictions on the open space. To this end, the Planning Board shall: 1. Require the grant of conservation easements, either to the Town of Southold or to an approved private conservation corporation or land trust, and require the filing of such other Instruments as will permanently impose the open space restriction required by this chapter and give record notice of the same. 2. Impose such other conditions and restrictions as will, in the discretion of the Board, ensure June 1, 2004 Southold Town Board Meeting 50 that the use of the open space is permanently restricted to those uses approved by the Board. 3. All conservation easements required or agreed to by the Planning Board pursuant to this chapter shall be approved as to their form, content and manner of execution by counsel to the Planning Board or by the Town Attorney. Such easements shall be perpetual. 4. All conservation easements, declarations or other instruments imposing or giving notice of restrictions on open space or other real property and required or agreed to by the Planning Board pursuant to this chapter shall be recorded in the office of the Suffolk County Clerk simultaneously with the filing of the subdivision map or development plat. 5. No provision of this chapter shall be construed to supersede or modify any provision of a conservation easement previously granted to the Town of Southold so that the protection of open space which the easement affords is in any way diminished. 6. Any person, firm, corporation or other entity shall have committed a violation of this Chapter if said person, firm or corporation violates any provision of a conservation easement granted to or accepted by the Town pursuant to this Chapter. Restrictions on use. Use of open space shall be restricted and defined in a conservation easement, and shall be limited to the following: 1. Conservation of open land in its natural state, including woodland, fallow field, or managed meadow. The clearing of woodland shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface sewage disposal systems. The determination of necessity shall lie with the Planning Board and the Land Preservation Department. 2. Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, that are specifically needed to support an active, viable agricultural or horticultural operation, subject to applicable lot coverage requirements in Chapter 100, zoning, of this Code. Specifically excluded are Concentrated Animal Feeding Operations (CAFO' s) as defined by the US Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors. Such easement and a notation of the Town of Southold Farmland Bill of Rights shall be on the referenced final plat. 3. Game preserve, wildlife sanctuary, or other similar conservation use. 4. Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry. 5. Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board. 6. Active non-commercial recreation areas, such as playing fields, playgrounds, and courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within one-hundred fifty (150) feet of abutting properties nor shall such facilities be equipped with lighting. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces. Such recreation uses may be a public park or recreation area owned and operated by a public or private nonprofit agency, but shall not include storage of materials, trucking or repair facilities, or private or municipal sanitary June 1, 2004 Southold Town Board Meeting 51 landfills. 7. Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area. a. Sanitary sewage disposal systems of either an individual or community nature may be located within or extend into required open space areas, provided that subsurface sewage disposal methods are employed, all required separation distances are observed and the ownership and maintenance responsibilities associated therewith are clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide property owners with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law. b. Conservation of water. It is the requirement of the Planning Board to return storm water to the ground within subdivisions. This is to be done through the use of natural recharge basins and/or leaching basins and/or lots specifically designated as drainage lots to be used for no other purpose. In addition, Applicants shall be required to covenant that buildings and structures shall be equipped with leaders, gutters and dry wells to return storm water runoff to the ground. 8. Easements for drainage; access, sewer or water lines, or other public purposes. ARTICLE XII Design Standards § A106-50. Lots, Streets, Common Driveways, Flag Lot Design. A. Lots. 1. All building lots shall at least comply with the requirements of the Zoning Regulations of the Town, except for lots in open space subdivisions. 2. Each lot shall where possible abut a secondary street or an existing dedicated street. 3. Corner lots shall be of sufficient size to meet the minimum building line, lot width and yard setbacks of the Zoning Regulations for each street, except for lots in a cluster subdivision. 4. Where extra width has been provided to widen existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line. 5. Side lines of lots shall be at right angles to straight streets, and radial to curved streets. 6. Where factors such as rock formations, flood conditions or similar circumstances affect the suitability of a lot or lots for their intended use, the Planning Board may deny approval of such lots. 7. Block length and width, or acreage within boundary roads, shall be sufficient to meet the lot area requirements of the Zoning Regulations and to provide for convenient access, circulation control and safety of street traffic. 8. Lots intended for commercial or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities. 9. Lots shall be designated to avoid regulated areas under the jurisdiction of the Town Board of Trustees, the New York State Department of Environmental Conservation and the Town Zoning Board of Appeals. B. Streets. Streets shall meet Town Highway Specifications. Where appropriate, the Planning Board shall work with the Highway Superintendent and Town Engineering office to ensure that the Town of Southold's Highway Specifications do not impact or detract from the rural and environmental June 1, 2004 Southold Town Board Meeting 52 character of a standard, conservation or cluster subdivision. The Highway Superintendent and the Town Engineering office may provide an interpretation of any part of Highway Specifications and modify such requirements under §A108-48 of the Town Code. 1. The design of the street pattern shall be based upon consideration of factors such as topography, design of proximate streets, ease of access to inter-modal transportation hubs, access to existing sidewalks, trails, bicycle paths and public transit, traffic calming measures, and other traffic safety considerations. 2. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or their proper extension where adjoining land is not subdivided, as may be deemed necessary for public requirements. 3. Public right-of-way street widths shall be measured at right angles or radial to the center line of the street and shall be fifty (50) feet in width. Actual roadway widths shall be determined by Section A108-Highway Specifications. Roadways shall have a minimum of two (2) lanes. 4. Whenever possible, streets should intersect at right angles, but in any event not at angles of less than sixty (60) degrees. 5. Cul-de-sac streets: a. Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street shall not be placed so that it ends on the property line of the subdivision. b. A cul-de-sac should not exceed eight hundred feet (800) in length, as measured from the center line of the street at the open end to the radius point of the turn around. c. All residential cul-de-sacs shall have a turn around at the end of the street which shall have a right-of-way radius of fifty (50) feet. The curb at the turn shall have a minimum radius of forty-four (44) feet. d. In a commercial or industrial subdivision, a cul-de-sac should be avoided whenever possible unless the right-of-way radius is designed at a minimum of seventy-five (75') feet and the curb radius is designed at sixty-five (65') feet. 6. If a dead end street is of a temporary nature, a turn around shall be provided and provision made for future extension of the street and the reversion of the excess right-of- way of such temporary turnaround to the adjoining properties. 7. Streets and right-of-ways less than the required minimum of 50 feet shall not be permitted, except that wherever a proposed subdivision borders an existing street or right-of-way less than the required minimum width, the Planning Board shall require that the other part of the street or right of way be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area. 8. Multiple intersections involving a junction of more than two streets shall be prohibited. 9. Arterial streets shall not intersect with local residential streets and residential collector streets less than eight hundred (800) feet apart, measured from center line to center line. 10. To avoid confusion, no street shall have a name which will duplicate or nearly duplicate the names of existing streets within the Town. The continuation of an existing street shall have the same name. All proposed street names are subject to approval of the Town Engineering Office and/or the Highway Superintendent. 11. The minimum radius of horizontal curve, minimum length of vertical curves, and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Town Highway Superintendent and/or Town Engineering office, and June 1, 2004 Southold Town Board Meeting 53 shall be approved prior to final approval of the Final Plat by the Planning Board. 12. New streets shall be located to provide adequate sight distance on any adjacent public road in both directions from the interior road in accordance with the current edition of the American Association of State Highway and Transportation Officials (AASHTO). 13. New streets shall not be placed so as to intersect another street directly opposite an existing or proposed residence. 14. Any crossing of the Long Island Rail Road right-of-way within a subdivision will not be permitted. 15. Subdivisions where more than three hundred (300) feet of land fronts on a public street shall provide access to proposed lots by way of a new street. Multiple building lots and fronting of more than two building lots on a existing street shall be prohibited. From an aesthetic and speed control perspective, curving roads are preferred in an informal rural cluster to avoid long straight segments. Shorter straight segments connected by ninety (90) degree and one hundred thirty five (135) degree bends are preferred in a more formal or traditional arrangement. 16.Whenever appropriate, street systems should produce vistas of open space. 17. The use of reverse curves should be considered for local access streets in Cluster Development subdivisions in conjunction with long horizontal curve radii (at least 250 feet) and where traffic speeds will not exceed thirty (30) mph. C. Common Driveways. 1. Common driveway access may be provided and shall be required where street safety and traffic management goals would be served. 2. The maximum number of lots using a proposed common driveway shall be two (2) if the common driveway has one entrance on a public road. Each lot shall have their access on the common driveway, regardless of the potential for access onto an existing Town, County or State road. 3. The boundary of each lot served by a common driveway shall extend to the center line of the common driveway with the right of way for ingress and egress across the common driveway granted to each lot served by such common driveway. 4. In the case of a conservation subdivision, the Planning Board may, in its discretion, require professional engineer's drawings showing the exact location, dimensions and grade of the common driveway and specifications for its composition. The Planning Board may refer these drawings to the Town Engineering office for review and comment. 5. The subdivision plat shall show the road clearly labeled as "common driveway". 6. The common driveway may not be offered for dedication to the Town of Southold. 7. The Planning Board shall require a recorded maintenance agreement executed by the Applicant as a condition of subdivision approval. D. Flag Lots. The Planning Board May permit a limited number of flag lots in a residential subdivision plat, provided that they are well shaped, they are generally larger than usual lots, their accessway is essentially straight and not excessive in length and their arrangement will not create traffic difficulties on the street system and would not be a means to circumvent a standard lot and street arrangement which might otherwise result in a generally better platting of the subdivision and adjacent lands. 1. To assure that the flag lot is of adequate size and shape, a flag lot located within the residential zones shall contain at least the minimum lot area of the applicable zoning district in which it is situated, within the bulk Of the lot, exclusive of the area contained in the June 1, 2004 Southold Town Board Meeting 54 flagpole access strip. 2. In allowing flag lot arrangements in subdivision, the Planning Board may require either a formal private lane or common access driveway to service such lots and may require that such lanes or common access driveways be made part of the improvements to be undertaken and made part of a performance bond. 3. The Planning Board may adopt further policies or regulations to assure compliance with these requirements, including design and legal specifications for the creation of lanes and common access driveways over such flag lot arrangements. §A106-51 (Reserved) §A106-52 (Reserved) § A106-53. Lighting. Street lighting shall be provided along all streets in the subdivision and along all streets upon which the subdivision abuts, as required by the Town Engineering office and/or the Highway Superintendent. Public safety, power conservation and preservation of the night sky shall be of primary consideration in choosing the design, location and number of lighting fixtures. Fixtures must be designed to hide the source of illumination from the side and must direct the light downward. § A106-54. Wastewater Treatment Systems. All wastewater treatment systems shall be installed in accordance with plans approved by the Suffolk County Health Department. Such systems shall provide each residence and other structures containing plumbing fixtures with an adequate and safe method of sewerage treatment. Where a public sewerage treatment system is not available, an adequate private wastewater treatment system, approved by the Suffolk County Health Department, shall be provided. § A106-55. Water Supply Systems. All water supply systems shall be installed pursuant to plans approved by the Suffolk County Health Department. Such systems shall be designed to provide a sufficient supply of potable water, under adequate pressure, to all outlets, including, but not limited to, residences, other structures, drinking fountains, hose connections, hydrants. Where a public water supply system is not Suffolk County Health available, an adequate private water supply system, approved by the Department, shall be provided. ARTICLE XIII Preservation of Natural Features § A-106-56. Clearing. A. Clearing of vegetation and/or grading is permitted only within the areas designated by the Planning Board and as shown on a final clearing and/or grading plan or plat approved by the Planning Board. Clearing of vegetation within the individual residential lots on a subdivision plat approved pursuant to this Chapter shall be in accordance with (C) of this Section. Lot size and Permissible Limits of Clearing. Existing native and/or non-native vegetation shall be preserved subject to the following limits of clearing schedule. Lot Size (Sq. Ft.) Percentage of Site Permitted to be Cleared 1 to 15,000 75 15,001 to 30,000 60 30,001 to 60,000 50 60,001 to 90,000 35 90,001 to 140,000 25 June 1, 2004 Southold Town Board Meeting 55 140,001 to 200,000 20 200,001 or greater 15 D. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any clearing or grading. E. Clearing of vegetation within open space areas not in agricultural use in prohibited unless according to an approved final clearing and/or grading plan or approved plat. F. Clearing of vegetation shall be permitted on residential lots within subdivision as approved in accordance with this Chapter upon the issuance of a Certificate of Occupancy from the Building Department. G. Properties located on the Town of Southold Farm or Farmland Inventory are exempt from these provisions. H. Clearing of Slopes Equal to Greater than 15 Percent. The Planning Board may permit the clearing of slopes equal to or greater than 15 percent with the approval of an Erosion and Sediment Control Plan prepared by a New York State Licensed Engineer. I. Landscaping and Ground Cover 1. All lots which are not covered by structures or paving shall be properly seeded or landscaped by the Developer pursuant to an approved plan. These lots are to be maintained by the landowner, or as otherwise provided by this Chapter. 2. Each lot shall be provided and/or planted with trees that are acceptable to the Planning Board. This requirement may be waived by the Planning Board in wooded areas where the developer intends to maintain existing trees or in areas where the developer meets the limit of clearing requirements. 3. When a proposed subdivision borders upon an existing commercial or industrial establishment, of any other use which, in the opinion of the Planning Board, may be visually detrimental to the tranquility of the future residents of the subdivision, the Planning Board may require a landscape screen/buffer to protect the subdivision from the visually incompatible use. § A106-57. Floodplains. A. Land that lies within a flood plain or zone or directly contributes to the watershed of that plain or zone by way of a swale shall be left in its natural state. B. Whenever possible, the ability of the land to naturally channel, retain and drain stormwater shall be maintained and enhanced in ways that augment the existing natural system. C. No subdivision design will be permitted that would create a flood or flooding hazard to adjoining or nearby properties including public roads and property. § A106-58. Storm Water, Drainage and Erosion Control. A. All storm water runoff resulting from the development or improvement of a subdivision or any of its lots should be retained on-site by adequate on-site drainage structures so that the storm water runoff will not flow into the right-of-way of a town, county or state road, upon any neighboring properties under separate ownership, or in any body of water. B. All historic drainage patterns shall be preserved. Where existing grade is altered, the Applicant shall submit a Grading and Drainage Plan to the Planning Board. Dewatering, altering, or causing adverse existing drainage patterns and/or conditions on adjacent properties or parcels are prohibited. C. Erosion and sediment control measures as defined by the Planning Board will be required during and immediately after construction on site to help prevent storm water from carrying soil and other deleterious material onto adjacent properties and highways and into wetland June 1, 2004 Southold Town Board Meeting 56 areas and adjoining bodies of water. D. The Planning Board may refer all residential subdivision proposals to the Suffolk County Soil and Water Conservation District (SWCD) and/or the Town Engineering office, for their review as to the acceptability of proposed drainage, erosion and sediment control measures both during construction phases and after completion. All easements deemed necessary to maintain either natural or man-made storm water drainage, erosion and/or sediment control measures shall be provided and plotted accordingly on the Final Plat. E. All subdivisions on parcels greater than 10 acres in size and located within designated watershed may be required to provide a Soil and Water Conservation Plan and/or Site Development and/or Construction Best Management Practices to the Planning Board. F. All construction activity greater than one (1) acre in area is required to comply with federal and state regulations as set forth in the SPDES General Permit for Storm Water Discharge from Construction Activity (GP-02-01). ARTICLE XIV ADDITIONAL REQUIREMENTS § A106-$9. Standards and Procedures for Acceptance of Streets; Recreation and Park Areas. A. Acceptance of Streets. The approval by the Planning Board and subsequent filing of the Final Plat at the Suffolk County Clerk's Office shall not constitute acceptance by the Town of any street or right of way shown on such Final Plat. The Applicant shall comply with all town rules and regulations regarding the dedication of highways, as set forth in Article IV of Chapter A10g, Highway Specifications, final dedication of roads. Any street or right of way shall be deemed private until it has been formally accepted by a resolution of the Town Board. B. Acceptance of Parks. When a park, playground, or other recreation area is shown on a Final Plat, the approval of said Final Plat shall not constitute acceptance by the Town of such area, and the Final Plat shall be endorsed with appropriate notes to this effect. The Planning Board may also require the filing of a covenant providing for ~uture dedication or other transfer of title, development of the site, and maintenance of it. C. Acceptance of streets and parks and subsequent expiration of final plat. Acceptance of formal offers of dedication of streets and parks shall rest with the Town Board. If the plat is not filed or recorded in the office of the County Clerk, then such offer of dedication shall be deemed to be void. § A106-60. Reservation of parkland on subdivision plats containing residential units. A. Land reservation determination. Where the Planning Board determines that suitable land for a public park, playground or other recreational purpose exists within the boundaries of a proposed residential subdivision, the Board may require that a portion of the subdivision lands be reserved for such purpose. Such determination shall be based on an evaluation of the present and anticipated ~uture needs for park and recreational facilities in the town based on projected population growth to which the particular subdivision plat will contribute. In determining whether or not to require the reservation of land for public park, playground or other recreational purpose, the Planning Board shall consider by the criteria and procedures outlined in subsection A106-60(C) below. B. Amount of land to be reserved. The amount of land area to be reserved for public park, playground or other recreational June 1, 2004 Southold Town Board Meeting 57 purpose shall be determined by the number of new residential building lots within the proposed subdivision. Upon the recommendation of the Planning Board and where the Town Board deems it appropriate, up to five (5) percent of the total acreage may be subject to dedication. C. Criteria for land reservation. In determining whether or not to require the reservation of land for public park, playground or recreational purposes, the Planning Board shall consider the following factors: 1. Whether suitable land exists within the proposed subdivision in terms of its size, shape, and dimensions to reasonably accommodate a public park, playground or other recreation use; 2. Whether the characteristics of the land in terms of topography, soils, vegetative cover, hydrology and/or other natural features readily lend themselves to development of the site for active recreation use; 3. Whether there are state or federal regulatory restrictions that would limit the usefulness of the site for active recreation development; 4. Whether the site in terms of its physical characteristics would provide an attractive and safe area for recreational use; 5. Whether the site is located such that reasonable and safe pedestrian, bicycle and vehicular access can be provided between the site and surrounding residential areas; 6. Whether the character of the proposed subdivision and that of the surrounding area are compatible with a public park and/or recreational use; 7. Whether the anticipated population of the proposed subdivision, together with the population density of surrounding neighborhoods, is sufficient to justify development and long-term maintenance of a public park, playground or other recreation facility at the location; 8. Whether the site is located near or duplicates recreation facilities already provided in the area, particularly those providing the same type of recreation opportunities, including facilities located on public school grounds; 9. Whether development and long-term maintenance of the site would place an undue burden on Town Departments; 10. Whether the site contains any unique and significant physical, aesthetic or ecological features that would make it particularly suited for environmental education, trail development, a nature preserve, or other passive recreation use; 11. Whether reservation of the land is consistent with recommendations contained in the Comprehensive Plan for the Town of Southold and/or the Plan for Parks and Recreation in the Town of Southold, if any, in effect at the time the subdivision application is made; and 12. Whether reservation of the land is consistent with the general goals and objectives of the Town with respect to the development of parks and recreation facility development. D. Preliminary determination and referral required. Prior to making a final determination that land will be reserved for public park, playground or other recreational purpose, the Planning Board shall first make a preliminary determination that such land reservation will be required, and shall refer the proposal to the Town Board, Land Preservation Committee and the Public Works Department for its input on the matter. Said referral shall occur as early as possible in the subdivision review process and prior to the public hearing on the preliminary plat application. A referral is not necessary where the Planning Board makes a preliminary determination that it will not require the reservation of land. E. Reservation prior to signing of final plat. The reservation of public park, playground or recreation land shall occur prior to the signing of June 1, 2004 Southold Town Board Meeting 58 the final plat by the authorized officer of the Planning Board, or in the case of a final plat filed in sections, prior to the signing of the approved final plat of the first section thereof. In cases where a final plat is filed in sections, the total land area that is proposed to be reserved for public park, playground or recreation purposes shall be shown upon, and included within, the final plat of the first section. F. Satisfaction of parkland reservation requirement. The park land reservation requirement of this section shall be deemed satisfied upon the presentation to and acceptance by, the Town Board of a metes and bounds description of the parcel which is proposed to be reserved for park, playground or recreation purposes, and by the placing of a notation upon the final plat indicating that the land is so reserved and cannot be further subdivided or built upon except for public park, playground or recreational purposes. G. Park and Recreation Fee. 1. If the Planning Board makes a finding pursuant to this Chapter that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks cannot be properly located on such subdivision plat, the Planning Board may require a sum of money in lieu thereof. The fees shall be as follows: a. Standard Subdivision $7000. per lot; b. Conservation Subdivision $3500. per lot; c. Affordable Housing District -none- 2. Timing of fee payment. Fees must be paid prior to any final approval except in the case of an Open Development Area where the fee shall be paid upon implementation of the ODA (e.g. when the lot(s) is (are) created). 3. Fees to constitute separate trust fund. All fees collected pursuant to this section shall be placed in a separate trust fund(s) to be established and used by the Town exclusively for the acquisition of public park, playground or recreation land, and/or for the improvement of public park and recreation facilities. § A106-61. Reservation of Lands for Pedestrian Trails. Pursuant to New York State Town Law §278 and to foster the goals of trail creation and preservation, the Planning Board may require the reservation of lands for park purposes and it may require some or all of that land be designated as pedestrian trails, in accordance with the following considerations: A. To the extent it is consistent with proper overall land use principles, existing trails shall be preserved in their natural state within reserved areas in the proposed subdivision. B. Where a subdivision layout cannot preserve existing trails because of adherence to legitimate land use policies and principles, the Planning Board may require relocation of trails within the proposed reserved areas to maintain the necessary linkage to preserve the integrity of the system. The position of any relocation shall be established by the Planning Board and shall be performed in such a manner as to minimize disturbance to natural features deemed sensitive. C. In order to provide notice to the public, all trails shall be shown on the final map of the proposed subdivision. Existing and relocated trails shall be distinguished on the map. Said trails and all property rights, both private and public, relating to the trails shall be delineated by declaration or other proper legal instrument filed in connection with the subdivision. The resolution of conditional final approval shall also delineate any conditions of approval relating to trail preservation, use and maintenance. D. All trails which are preserved as a condition of Planning Board approval shall be improved in June 1, 2004 Southold Town Board Meeting 59 accordance with the Board's rules and regulations relating to clearing and marking of trails. E. All trails shall be buffered to the maximum extent practicable from proposed development through location within proposed reserved areas. F. Except as provided herein, all trails subject to this policy statement shall be limited to recreational uses as outlined in Chapter 62 of the Town Code and shall not be utilized by motorized vehicles. G. The Planning Board shall encourage Applicants to grant rights to the public to utilize trails preserved pursuant to this section. H. Dedication, access easements or covenants shall be acceptable means of creating public rights to use the trail system. I. Landowners' liability shall be governed by the applicable New York State law. J. Where the developer has granted rights to the public to utilize trails within his control, the Town shall be responsible for maintenance of the trails, absent an agreement with the developer or a third party to the contrary. K. Where rights have been granted to the Town in the form of dedications, easements or covenants to utilize lands as trails but trails were not required to be constructed by the Applicant, future trail construction shall be the responsibility of the Town. Cooperation with owners of the property shall be encouraged. § A106-62. Time Limitations. The time limitations set forth in this Chapter and in New York State Town Law may be varied when required for the purpose of complying with the provisions of SEQRA and its implementing regulations. § A106-63. Waivers. The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law. § A106-64. Waiver, Adjustment of Property Lines. A. The following divisions of property shall be eligible for a waiver from subdivision review by the Planning Board. 1. A re-subdivision of nonconforming lots shown On a subdivision map approved by the Planning Board after April 9, 1957, and filed in the office of the Suffolk County Clerk or the Town Clerk, but not held in single-and-separate ownership. However, the re- establishment of the right to build on said lots shall require variance relief from the Zoning Board of Appeals. 2. A re-subdivision which involves redrawing original lot lines for the purpose of combining said lots to create conforming parcels shown on a subdivision map approved by the Planning Board after April 9, 1957, and filed in the Office of the Suffolk County Clerk or the Town Clerk. B. The proposed division shall be reviewed by the Town Planning Department, and the office shall inform the Planning Board in writing that the division will have not significant environmental effect, will not make future planning of the affected parcels more difficult or impossible and poses no other immediate or potential problem which would justify more thorough review by this Board. C. Where all the requirements of this section can be met, such a division may be authorized by the Planning Board by resolution. June 1, 2004 Southold Town Board Meeting 60 D. Each parcel created by re-subdivision shall be shown on a survey prepared by a licensed surveyor and filed in the Office of the Planning Board. Any land being transferred by such re- subdivision shall be deeded to the owner of the property in identical name so the new area merges with the existing parcel and shares therewith a common identification number on a Suffolk County Tax Map. The deed and legal description for any re-subdivided parcel shall be recorded in the Office of the Suffolk County Clerk. § A106-65. When Effective; Effect on existing plats. These subdivision regulations shall take effect immediately upon approval by the Town Board after adoption by the Planning Board. However, any subdivision which has received conditional approval of the preliminary plat by the Planning Board prior to the approval or future modification of these regulations may, at the discretion of the Planning Board, be permitted to be completed under the provisions of the subdivision regulations existing at the time of the approval. ARTICLE XV Enforcement § A106-66. Violations. A. Where a violation of the provisions of this Chapter, as adopted and as may be amended, has been committed or exists, the owner of the real property where such violation has been committed or exists, any contract vendee and any grantee of such owner who knowingly participates in such violation, and any agent who has executed an application to the Planning Board on behalf of the owner or contract vendee with respect to such real property and who knowingly participates in such violation shall be guilty of a violation of this chapter. B. Any owner of real property who creates a subdivision or who subdivides real property into lots within that part of the Town of Southold outside the limits of any incorporated village without first obtaining approval of the Planning Board of a subdivision map or plat showing the land to be subdivided shall be guilty of a violation of this chapter. Any contract vendee and any grantee of such owner who knowingly participates in such violation shall also be guilty of a violation of this chapter. As used herein the term "subdivision" shall mean a subdivision as defined in this Chapter. C. Where a violation of any provision or condition of any resolution or approval of the Planning Board or of filed covenants and restrictions relating to a subdivision, adopted or granted under the authority of this Chapter or Article 16 of the New York State Town Law, has been committed or exists, the owner of the real property where such violation has been committed or exists, any contract vendee and any grantee of such owner who knowingly participates in such violation and any agent who has executed an application to such Planning Board on behalf of the owner or contract vendee with respect to such real property and who knowingly participates in such violation shall be guilty of a violation of this Chapter. D. Any person who performs physical work on real property, including but not limited to clearing of land, other site preparation and construction of improvements in violation of this Chapter or in violation of any provision or condition of any resolution or approval of the Planning Board relating to subdivision, adopted or granted under the authority of this Chapter or Article 16 of the New York State New York State Town Law, shall be guilty of a violation of this chapter. § A106-67. Penalties for Offenses. A violation of this chapter shall be punishable by a fine not exceeding that permitted by Section 268 of New York State New York State Town Law. Each week's continued violation shall constitute a separate additional violation. June 1, 2004 Southold Town Board Meeting 61 § A106-68. Methods of enforcement. The provision of this chapter may be enforced by any method or remedy provided by law. In addition to other remedies provided by law, any appropriate action or proceeding may be instituted to prevent, restrain, correct or abate any violation of this Chapter. § A106-69. Severability. Should any section or provision of this Local Law hereafter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Local Law as a whole, or any part thereof, other than the part so declared to be invalid. § A106-70. Effective Date. This Local Law shall take effect upon filing with the New York State Secretary of State. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. #462 Moved by Councilman Ross, seconded by Justice Evans, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law in relation to a new Chapter Al06- Subdivision of Land of the Code of the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Justice Evans, Supervisor Horton. This resolution was duly ADOPTED. HELD #463 SUPERVISOR HORTON: That concludes our agenda of resolutions. At this point, we do offer the floor to the general public. Yes, Mr. Carlin. MR. CARL1N: Frank Carlin, watchdog of Southold Town, Laurel. Two questions before I get into my main issue, Josh. What did you find out about those bags, that ! requested about that, ! think a meeting ago? The decals on the garbage disposal bags, those new biodegradable bags. What did you come up with about, do they need to be on there? SUPERVISOR HORTON: The answer is, no, they don't need to be on there. MR. CARL1N: Okay. So, what are you going to do? Take them off?. SUPERVISOR HORTON: Well, it is no added cost to have it on there. MR. CARL1N: No added cost to have it on? SUPERVISOR HORTON: That is correct. June 1, 2004 Southold Town Board Meeting 62 MR. CARL1N: So all at the same price, I think that is a pretty good deal then, right? It doesn't cost you any more to put stuff like that on it. Pretty good. How about the one with the yard sales in the summer time, with the police going around checking for yard sale permits. Did you ever iron that out and are they still doing that or not? SUPERVISOR HORTON: No, the police will be dealing specifically with police matters, not code enforcement matters of that nature. MR. CARL1N: That won't be done anymore then, right? Who will do that, code enforcement officer? SUPERVISOR HORTON: Yes. Well, if it is on the weekend, no. But, MR. CARL1N: Then you have nobody doing it then, right? SUPERVISOR HORTON: That is correct. MR. CARL1N: Good time to have a yard sale then, right? SUPERVISOR HORTON: What is that? MR. CARL1N: Good time to have a yard sale then. SUPERVISOR HORTON: Stop giving away the tricks of the trade, Mr. Carlin. MR. CARL1N: Okay. Not my main issue. Mr. Wickham. How are we coming along with the Animal Shelter plans? COUNCILMAN WICKHAM: We have engaged an architect with experience in these matters, he has conducted a visit here to the Town, he has prepared a draft of his initial report on the programatic elements that go into; defining a program statement. That should be in the Town's hands these days, ! haven't actually seen it but it was promised to me over the weekend, the next step will be to review the preliminary plans that have been already been drawn up by the Town Engineer and then we go from there. TAPE CHANGE SUPERVISOR HORTON: Things are progressing well. MR. CARL1N: Alright. Now, ! understand there are two plans. SUPERVISOR HORTON: There is only one plan for an Animal Shelter and that is the Town's. MR. CARL1N: Who is putting it in the paper that it is two plans? SUPERVISOR HORTON: ! think the paper put that in the paper. June 1, 2004 Southold Town Board Meeting 63 MR. CARL1N: Well, I wish they would stop this unnecessary negative campaigning here. They have two plans developed, one by the League and one by the Town of Southold. ! wish that would be squared away and start playing fair ball here. SUPERVISOR HORTON: ! think you just squared that away, the viewers will pick up on that. MR. CARL1N: ! wanted a proposal now, how are you going to build that, Tom, if they want it on wheels? COUNCILMAN WICKHAM: As the Supervisor said, there is one plan for an Animal Shelter for the Town of Southold. That is the one that we have engaged an architect to help us with and that is the one we are working on. SUPERVISOR HORTON: And it won't be on wheels. MR. CARL1N: ! am glad that you are starting to listen to my advice. ! told you about six months ago that this is a Town owned shelter and is to be built by the Town specifications. SUPERVISOR HORTON: You made very good points about that. MR. CARL1N: ! am glad you picked up on that. game of Monopoly. We want this to move along. you know what ! am talking about, Josh. Because we don't want this to continue on being a We don't want this repeat of January 17, 2002 and SUPERVISOR HORTON: ! know just what you are talking about. MR. CARL1N: We was at a work session, ! will repeat it to let the people know about it. It was a work session and the bid came up at the work session. The League came up and didn't like things in the plan and said we would like the Board to start the bid all over again. Now, you said, ! am a bit being taken aback by you coming to us just two days before the bid went out. And then to go to the other side of it and this is in writing, ! have it right here in the Suffolk Times, John Romanelli said, 'If the Board elects (and ! can't speak for him, he is not here) but this is exactly what he said, 'If the Board elects to walk away from this ! will walk away from the whole situation' and ! don't blame him for doing so, to get out of that game of Monopoly. SUPERVISOR HORTON: We are just trying to get this thing built. MR. CARL1N: And let's not get this thing into another game of Monopoly, okay? Why are the writing this stuff for? To get people off the track here? Why are they doing that for? If it is not true, why are you doing it for? What, what... SUPERVISOR HORTON: We are not doing it, Mr. Carlin. MR. CARL1N: I don't know why. Do you know why? SUPERVISOR HORTON: No, I don't. June 1, 2004 Southold Town Board Meeting 64 MR. CARL1N: ! don't know why. And here is one for Mr. Ross to consider. This was all this from the paper now, wait a minute, okay here, pay attention to this one Mr. Ross. While the League just closed a four year contract to operate the Town's shelter, it wants the freedom to relocate a shelter should the often rocky relationship between the Town and the League hit further bumps. Now, what are they talking about now? Because they got a four year contract now they got to be able to move the shelter around now. See this is the stuff they put in the newspaper, Josh, it is brainwashing the people. SUPERVISOR HORTON: Mr. Carlin, right, ! know. The, like ! said, the Town Board, we are committed to building an adequate Town owned Animal Shelter. MR. CARL1N: Okay. ! am going to not be too long here but ! want to while ! am here, ! stood here for 2 lA hours waiting so ! might as well say what ! want to say. ! gave you a copy of an Animal Shelter being run from upstate at the April 20 Board meeting. ! gave you three. ! gave one to Mr. Edwards, you Josh and Mr. Wickham because ! figured you was all involved in the Shelter. ! gave you a copy of that a friend of mine sent this from an Animal Shelter being upstate. And if you notice, ! put on 7, on the upper right hand corner, a red check mark on that one issue that is written there. If you notice, if you all read it. and ! put it there for a reason, ! want to read to everybody what it said. Now, this was the Animal Shelter was from upstate. 'Just remember, we will be holding our elections for the coming year at the animal meeting on June 1. If anyone is interested in a position on the Board or chairing a committee, please let us know.' Okay, now, ! received the letter, spring letter from the North Fork Animal Welfare League, page 6, and the only thing it said in there was 'The 2004 election nominees', which were the same ones that are in their now. Are you getting to what ! am trying to get at here? What are they afraid of?. If, does it cost anything to mention, nothing in there was mentioned about if anybody was interested in running for election, please call us or please get in contact with us. Not like the; like the people did upstate. What are they afraid of?. That is the democratic way of an election. And then what tops it off, what put the whip cream on the cake for me; is, ! get these proxies through the mail and it is authorizing Darlene McGuinness to act in my behalf in voting at the next election. Kind of strange. They done everything they could not to have me run in the last election in 2003, in fact some of the group had to take them to court, so our group, myself and some of my group to be put on the ballot. But yet they send me, ! am good enough now, to want my authority to vote in their elections for them. So erratic, so erratic. ! got one for you, Mr. Ross, you are not off the hook yet tonight. How much do you really know about the Animal Shelter's background? ! mean, how they operate there and the past history of it? COUNCILMAN ROSS: ! had some involvement when ! was with the Village of Greenport, involved when the Village eliminated their dog warden, and gained some knowledge of the operation at that time. But ! am not a member and ! have never been involved in the organization. MR. CARL1N: So you don't have the knowledge that John Romanelli had or Mr. Horton .... COUNCILMAN ROSS: No. MR. CARL1N: Or Tom Wickham or Louisa Evans, being you two just came on the Board, right. But ! will tell you one thing, ! am not going to speak for Bill Moore, but in my opinion, knowing Bill Moore, he would have never, never, in my opinion, gave them a four year contract. Knowing what he knew. That is my opinion. Maybe ! am wrong, but knowing Bill Moore and knowing what he knew, June 1, 2004 Southold Town Board Meeting 65 he would never have given them a four-year contract. Three years maybe would have been all right, but a four-year and then you make it look like it is a union deal, four-years with step increases and wages, no. No. ! want to make an announcement here tonight. ! don't hold back from anything what ! want to say. ! considered not to become a member of the North Fork Animal Welfare League but that doesn't mean that ! will stop speaking in behalf of the animals, which ! have been doing for 18 years. And it also doesn't mean that ! will stop monitoring how my tax dollars is being spent at the Animal Shelter. Now ! hope that all that ! read in the Suffolk Times past issue, you just said to me, Josh, ! hope it is all smoke and mirrors. Because it seems to me that you indicated that it is, on wheels, two different contracts. That scared me when ! hear that, two different contracts. Because that happened already. We went through four different plans already but that happened already like ! just said, in the January 17, 2002. That scared me. But like ! said, ! am glad that you took my advice and you are building the shelter. Only you are building the shelter, and you build it to your specifications, your architects specifications and whatever. They are only there to fulfill their contract to run the shelter. Oh, another important question, when the new shelter gets built, how will it be named? What name will be on it? SUPERVISOR HORTON: Well, it will be the Raynor, forgive me if ! don't have the exact name. It is in conjunction with the fundraising arm that .... MR. CARL1N: ! will tell you what it will be. It will be, let me see if ! can remember, it will be .... SUPERVISOR HORTON: ! think it will be the Southold-Raynor Shelter. MR. CARL1N: No, no, no, no, no, no. Okay, here it is, it will be named because back in December 2002, the Board agreed on this .... SUPERVISOR HORTON: Yes, we did. We agreed and there is a memorandum of understanding in conjunction with a large donation... MR. CARL1N: You agreed on this but the League didn't like it but anyway .... SUPERVISOR HORTON: Well, it is going to be what it is. MR. CARL1N: It is gonna be this. The Elliot and Theresa Raynor Animal Shelter. That is what you wanted to say, right? That is what is going to be, right? So, then we will be able to take off the North Fork Animal Welfare League Animal Shelter which should never been put on there to start with because it is a town shelter to start with, it is not their shelter, okay? SUPERVISOR HORTON: It is going to be what the memorandum said. Okay, we will deal with that when it comes, Mr. Carlin. MR. CARL1N: So, ! think we covered everything that ! wanted to say, because it is a long night and ! want to get to McDonalds before they close. ! see ! apologized to my friend, Tim Kelly here, that is off my mind now. ! really mean that, ! felt bad about that. Well, you are still going to make the deadline of fall, maybe? The shelter? June 1, 2004 Southold Town Board Meeting 66 SUPERVISOR HORTON: We are working as hard as can be and we are committed to building a new shelter and do it in as timely a fashion as we can. MR. CARL1N: Because, like ! say, ! see this stuff in the paper and don't forget, other people read this stuff and they can get confused. This is what gets me. Tell the truth. It has nothing to do with designing this Animal Shelter. It is the Town Board, they in there, they don't like a room, they got to change that. That scares me because that is like one of the... SUPERVISOR HORTON: Frank, you have definitely articulated that clearly. MR. CARL1N: Oh. Let me leave with one more last reminder, keep that in mind and you will be alright because ! have seen it happen. And like ! said, ! will see it when ! believe it. Thank you very much for your time. SUPERVISOR HORTON: Thank you very much. Mr. Geiss. MR. GEISS: Reluctantly on both our parts. ! just wanted a clarification, according to the agenda, you had a meeting of the Town Board this morning with NFAWL regarding a proposal. SUPERVISOR HORTON: That is correct. MR. GEISS: Can I correctly assume that was their proposal... SUPERVISOR HORTON: That is correct, on the Troxel matter. MR. GEISS: To build a pavilion, an auxiliary shelter? SUPERVISOR HORTON: That is correct. MR. GEISS: And based on the statements that you have made here and now, can we take it, the fact that the Town does not accept that proposal and will inform the court to that effect? SUPERVISOR HORTON: ! am actually going to defer that because there was a lot of discussion and ! think Tom might be better suited to answer it. COUNCILMAN WICKHAM: ! think it is accurate that the Town is not interested in their proposal. MR. GEISS: Okay. COUNCILMAN WICKHAM: It is conceivable that there are some elements that could still be to the Town's advantage. ! don't think we are prepared to convey to the court that we have no interest at all in this. We left it this morning that some of us on the Board will see if there is any value at all in trying to salvage some kind of a joint project with the League on this. But it is not at all clear to me and ! don't think it is to any of us that it can be. June 1, 2004 Southold Town Board Meeting 67 MR. GEISS: Okay. Just one last question. understand Mr. Edwards was going to meet with Mr. Morelli and discuss that matter. Has there been any progress on the oversight committee, SUPERVISOR HORTON: ! don't know if he has met with Mr. Morelli yet. COUNCILMAN EDWARDS: ! haven't had a chance. MR. GEISS: Thank you very much. SUPERVISOR HORTON: Thank you. This meeting is adjourned. Thank you so much. Elizabeth A. Neville Southold Town Clerk