HomeMy WebLinkAboutTB-07/27/2004SOUTHOLD TOWN BOARD
REGULAR MEETING
July 27, 2004
4:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, July 27, 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:
Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli (arrived late)
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Town Clerk Elizabeth A. Neville
Town Attorney Patricia A. Finnegan
SUPERVISOR HORTON: Welcome to the July 27th public meeting of the Southold Town Board.
Please rise and join with me in the Pledge of Allegiance to America. There are several times over the
course of the meeting where the public has the opportunity to address the Board on town related issues.
The first being prior to the reading and the voting on any of the resolutions, the agenda items. We
offer the floor to the public to address the Board on specific resolutions. We also have several public
hearings on this evening and for each of those respective public hearings, there will be an opportunity
for the public to provide input on those specific hearings and at the end of the meeting, toward the end
of the meeting, we also offer the floor to the public to address the Board on any other town related
business you may want to bring to our attention. We have reports, public notices and communications;
all available at the Town Clerk's office for the public's review. The Town Clerk is open Monday
through Friday, 8:00 to 4:00. We ask that when you do address the Board, that you do so from one of
the two microphones located at the front of the room, state your name and place of address clearly, so
we can have that as part of our official record. Can we have a motion to approve the audit?
July 27, 2004
Southold Town Board Regular Meeting
2
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town
bills in the amount of $261,286.46; General Fund Part Town bills in the amount of $8,556.70;
Highway Fund Part Town bills in the amount of $22,749.38; Capital Projects Account bills in the
amount of $8,796.51; AG Land Development Rights bills in the amount of $23.20; Open Space Capital
Fund bills in the amount of $273.29; Community Preservation Fund (2% tax) bills in the amount of
$9,805.10; New London Terminal Project bills in the amount of $14,813.24; Compost Land
Acquisition bills in the amount of $492.05; E-W Fire Protection District bills in the amount of
$12,495.60; Fishers Island Ferry District bills in the amount of $21,939.62; Refuse & Garbage District
bills in the amount of $26,471.33; Southold Wastewater District bills in the amount of $9,712.80;
Fishers Island Sewer District bills in the amount of $1,305.61; Southold Agency & Trust bills in the
amount of $8,976.6 and Fishers Island Ferry District Agency & Trust bills in the amount of $178.36.
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, August 10,
2004 at 7:30 P.M. at the Southold Town Hall, Southold, New York.
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 Annual Meeting on Fishers Island be held Thursday, August 12, 2004 at 1:30
P.M. at the Fishers Island High School, Fishers Island, New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
REPORTS
1. Southold Town's Program for the Disabled - June 2004 Events
2. Recreation Department - June 2004
3. Town Clerk Monthly Report - June 2004
4. Board of Town Trustees - June 2004
II. PUBLIC REPORTS
None
III. COMMUNICATIONS
None
SUPERVISOR HORTON: Now we offer the floor to the public to address specific resolutions. #564
through #595. Would anybody care to address the Board on those resolutions? Yes, Mr. Geiss.
July 27, 2004 3
Southold Town Board Regular Meeting
GUNTHER GEISS: Gunther Geiss of Southold. #579, the purchase of video cameras for police cars,
a determination that it is a Type II action under SEQRA, what I am interested in is, what follows this
action and when are we likely to see the video cameras?
SUPERVISOR HORTON: What follows this action, for public knowledge- Mr. Geiss is a member of
the Police Advisory Commission that actually has provided tremendous input on the direction of the
police department over past seven months and prior, the purchasing of the cameras that will be
installed in the police vehicles will be done through a bond issue. And prior to issuing a bond, we have
to, we are required to undertake the SEQRA process ....
MR. GEISS: Okay.
SUPERVISOR HORTON: So at the next Town Board meeting, we will have a bond resolution that
will be prepared by our legal department to initiate that action.
MR. GEISS: And when do you expect the installation to take place? Do you have an estimate?
SUPERVISOR HORTON: As soon as we place the order, we are told within 30 days.
MR. GEISS: Okay, thank you.
SUPERVISOR HORTON: Thank you. And thank you also for providing insight and support for that
initiative. I think it is going to be an important one for the town. Yes, Mrs. Egan.
JOAN EGAN: Good afternoon, everyone. Mr. Horton, Mr. Ross, Mr. Edwards, Miss Evans, Mr.
Wickham, Miss Neville and the other lady there.
SUPERVISOR HORTON: That is Mrs. Finnegan.
MS. EGAN: Pardon?
SUPERVISOR HORTON: Mrs. Finnegan is her name.
MS. EGAN: Well, she doesn't address me so I don't address her. We leave it alone, right Josh?
SUPERVISOR HORTON: That is the trick.
MS. EGAN: Much safer. Item 568.
SUPERVISOR HORTON: Yes.
MS. EGAN: This New York Eminent Domain Procedure law is a very, very dangerous one and must
be used very judiciously.
SUPERVISOR HORTON: That is very true.
July 27, 2004 4
Southold Town Board Regular Meeting
MS. EGAN: You didn't have to tell me that. ! already said it.
SUPERVISOR HORTON: Okay.
MS. EGAN: And ! believe the area where you are referring to is by Cox Lane because we have a
problem with accidents up there where the entrance to the dump, the dump, the dump, dump is. Is that
correct?
SUPERVISOR HORTON: That is correct.
MS. EGAN: Well, ! am always very, very reticent about approving those kinds of things. ! am very
reticent about the town taking over so much land. Because we do have to do something about the
dump and all the garbage thing and then you will own the land and god only knows what you will do
with it. Alright, #569, another little, young lady. Is that a girl, Krystyna?
SUPERVISOR HORTON: Surozenski.
MS. EGAN: She is leaving? Are we replacing her? ! don't understand why these students ....
SUPERVISOR HORTON: She has been with us for quite some time, Mrs. Egan and she is preparing
herself for the next phase of her life.
MS. EGAN: Well, then she shouldn't have accepted the job because ....
SUPERVISOR HORTON: She provided tremendous service.
MS. EGAN: Uhuh .... ! am not finished.
SUPERVISOR HORTON: She provided tremendous service and there is no need to ridicule a
teenager...
MS. EGAN: ! didn't say she didn't.
SUPERVISOR HORTON: ..... that has come to work for the Town to provide service, Mrs. Egan.
MS. EGAN: ! am ridiculing only that you should have hired somebody who would stay for the whole
summer, that is all.
SUPERVISOR HORTON: Okay.
MS. EGAN: Okay, #571. What is this custodial position? And then it says like ! position? ! don't
know, maybe you can ....
SUPERVISOR HORTON: That is a civil service classification.
MS. EGAN: Pardon?
July 27, 2004 5
Southold Town Board Regular Meeting
SUPERVISOR HORTON: That is a civil service classification.
MS. EGAN: And what does it mean? Authorize modification? What are we doing?
SUPERVISOR HORTON: We go through this every meeting, Mrs. Egan. A modification means
modifying the general whole town budget from one line to another.
MS. EGAN: Spending more money.
SUPERVISOR HORTON: Spending allocated money.
MS. EGAN: Now, #575, I would imagine, I thought we had a transcript of the ZBA meetings and why
do we now have to spend more money for them?
SUPERVISOR HORTON: This is to ensure that we have continued transcripts of the ZBA meetings.
MS. EGAN: Well, okay. Now, #579, I am glad that gentleman addressed it. Now, who is checking
out, our Town Attorney or other attorneys that when they get something on camera, on these videos,
that they will be legally accepted in court and insurance companies? Do you know how that is going
to work out?
SUPERVISOR HORTON: These cameras will provide data that can be uploaded either to a disc or a
main frame computer and held in perpetuity.
MS. EGAN: Well, you know, unless you have sometimes the party that you're videoing approval,
very often the lawyer can have that thrown out of court.
SUPERVISOR HORTON: We will do our best to ensure that doesn't happen and hopefully, that we
won't need them.
MS. EGAN: I am sure. And you know I will stay on top of it. Now # 580, who is this Community
Energy Incorporated? That is who you are going to get your electricity from or what is that all about.
SUPERVISOR HORTON: That is correct. They are an electricity .... a power purveyor.
MS. EGAN: Mr. Ross, why don't you pay attention to what is going on?
SUPERVISOR HORTON: Mrs. Egan, please continue if you have other resolutions.
MS. EGAN: No, no, no. I have other things.
SUPERVISOR HORTON: There are other people that would like to share.
MS. EGAN: He looked like he was daydreaming. Oh, #583 .... I don't find it funny.
SUPERVISOR HORTON: Mrs. Egan, I am going to move on to somebody else.
July 27, 2004
Southold Town Board Regular Meeting
6
MS. EGAN: No. Well, I don't like to be laughed at when I make a serious comment.
SUPERVISOR HORTON: Mrs. Egan, please continue.
MS. EGAN: #583.
SUPERVISOR HORTON: What about it?
MS. EGAN: Well, is this going to be a big deal?
SUPERVISOR HORTON: It is adopting a SEQRA finding. It is adopting a review of that particular
item.
MS. EGAN: Okay. That is all for now. Thank you.
SUPERVISOR HORTON: Thank you, Mrs. Egan.
MS. EGAN: You are more than welcome.
SUPERVISOR HORTON: Would anyone else care to address the resolutions? (No response) We
will move forward with the resolutions on the agenda, starting with #564.
#564
Moved by Councilman Ross, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Jerem¥ Doucette~ of
Fishers Island~ NY~ to the position of part time~ seasonal movie theatre recreational aide for the
Fishers Island Ferry District at the starting wage of $40.00 per movie showing. Starting date to be July
1, 2004, finishing date to be on or about September 15, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#565
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Megan Bence~ of
Ledyard~ CT~ to the position of part time~ seasonal Clerk for the Fishers Island Ferry District at the
starting wage of$11.00 per hour. Starting date to be July 7, 2004, finishing date to be on or about
September 15, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#566
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints James Browm of
Ledyard~ CT~ be hired as a part time~ seasonal deck hand for the Fishers Island Ferry District at the
July 27, 2004
Southold Town Board Regular Meeting
7
starting wage of $13.23 per hour. Starting date to be July 7, 2004, finishing date to be on or about
September 15, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#567
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Matt Lynch~ of
Waterford~ CT~ to the position of a part time~ seasonal deck hand for the Fishers Island Ferry
District at the starting wage of $9.00 per hour. Starting date to be July 7, 2004, finishing date to be on
or about September 15, 2004
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#568
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler~ Esq. as
special counsel for the proposed acquisition of land adiacent to the Solid Waste Management
District transfer station under the New York Eminent Domain Procedure Law.
Vote of the Town Board: Aye: Councilman Edwards,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#569
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Krvstyna Surozenski from her position as Student Intern I in the Town Clerk's Office, effective
July 14, 2004.
SUPERVISOR HORTON: I just wanted to read Ms. Surozenski' s note, 'Dear Mrs. Neville, I wanted
to thank you for giving me the opportunity and experience working as a student intern in your office.'
And we thank Ms. Surozenski for her service, as well.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#57O
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby grants permission to Coole¥'s
Anemia Foundation to use the following Town Roads~ on Saturda¥~ October 2~ 2004~ beginning
at 8:15 am and 12:45 pm for their annual Bike-a-thom
Sound Avenue, Mattituck
Sixth Street, Greenport
Front Street, Greenport
July 27, 2004
Southold Town Board Regular Meeting
SUPERVISOR HORTON: And noted that the portions of Sixth Street and Front Street, Greenport will
be the portions that lie within 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.
#571
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 General
Whole Town Budget as Follows:
From:
A. 1990.4.100.100
To:
A. 1620.1.100.100
Vote of the Town Board: Aye:
Justice Evans, Supervisor Horton.
Contingencies $25,500.
Building & Grounds
Full Time Employees
Councilman Edwards,
This resolution was duly ADOPTED.
$25,500
Councilman Ross, Councilman Wickham,
#572
Moved by Councilman Ross, seconded by Councilman Edwards, 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. 8160.4.100.580 Maint - Ford Tractor 2,500.00
SR. 8160.4.100.610 Maint/Supply - Forklift 500.00
SR. 8160.4.100.630 Maint/Supply- SW Coord. Vehicle 300.00
SR. 8160.4.400.625 Tire Repair 1,000.00
SR. 8160.4.400.675 Repairs CAT 816 B Compactor 7,000.00
SR. 8160.4.400.850 Refrigerant Removal 2,000.00
SR. 8160.4.600.600 Dues & Subscriptions 250.00
From:
Appropriations
SR. 1420.4.500.100
Outside Legal Counsel
13,550.00
Vote of the Town Board: Aye: Councilman Edwards,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#573
Moved by Councilman Edwards, seconded by Justice Evans, it was
RESOLVED that pursuant to the provisions of Chapter 6 (Community Preservation) and Chapter 59
(Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets
July 27, 2004
Southold Town Board Regular Meeting
9
Tuesda¥~ August 24~ 2004~ at 5:00 pm~ Southold Town Hall~ 53095 Main road~ Southold~ New
York as the time and place for a public hearing for the purchase of the property owned by Henry
Drum and Shirley Saland Said property is identified as SCTM #1000-87-1-26 and 300 Minnehaha
Boulevard. The property is located at the southwest corner of Nokomis Road and Minnehaha
Boulevard in Southold in an R-40 zoning district. The proposed acquisition is for the entire
approximately 2.1587 acre lot. The lot area is subject to survey. The purchase price is for the entire
$45,000.00 for the entire lot and is considered a bargain sale purchase. The property is listed on the
Community Preservation Plan for purposes of wetland protection, preservation of open space, and
preservation of lands of exceptional scenic value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of
land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route
25), Southold, New York, and may be examined by any interested person during business hours.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#574
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS in order to comply with DEC Landfill Post-Closure Monitoring and Maintenance
requirements relative to routine groundwater sampling and analysis, NOW THEREFORE BE IT
RESOLVED that the Town Board of the Town of Southold authorizes the Solid Waste Coordinator
to develop and distribute to qualified recipients a Request For Proposals {RFP~ to implement the
required landfill groundwater monitoring program.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#575
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Part
Town 2004 budget as follows:
TO:
Zoning Board of Appeals, C.E. $6,000.00
Court Reporters
B.8010.4.500.400
FROM:
B.8010.1.100.100
Zoning Board of Appeals, P.S.
Regular Earnings
Vote of the Town Board: Aye: Councilman Edwards,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
$6,000.00
Councilman Ross, Councilman Wickham,
#576
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby grants a refund of $482.40 to
Harborview Homes~ Inc. as the building permit fee was incorrect.
July 27, 2004
Southold Town Board Regular Meeting
10
Vote of the Town Board: Aye: Councilman Edwards,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#577
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of
Michael Domino from his position as a member of the Southold Town Anti-Bias Task Force.
SUPERVISOR HORTON: ! just want to note, with regret, as Mr. Domino served the Anti-Bias Task
Force with distinction.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#578
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Anthony Trezza to the
position of Senior Planner in the Planning Department~ at a salary of $46~100.00 per annum~
effective August 2, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#579
Moved by Councilman Wickham, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the purchase of video
cameras for installation in town police cars is classified as a Type II Action pursuant to SEQRA
Rules and Regulations, 6 NYCRR Section 617.5, and is not subiect 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.
#580
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold amends resolution No. 556 of 2004~
adopted at the July 13~ 2004 regular Town Board meeting to read as follows:
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua
Y. Horton to execute an agreement with Community Energy Inc. for the purchase of wind-generated
electricity for a five year term at a cost of 1.5 cents/kilowatt hour, 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.
#581
Moved by Councilman Edwards, moved by Justice Evans, it was
July 27, 2004
Southold Town Board Regular Meeting
11
RESOLVED that the Town Board of the Town of Southold hereby grants approval to transfer
Christopher Talbot, Building Inspector, from the Village of Southampton's employ to the Town of
Southold's employ effective August 2, 2004, at a salary of $45,815.02 per annum.
SUPERVISOR HORTON: We welcome Mr. Talbot upon his arrival. Mrs. Egan, you will be pleased
to know that Mr. Talbot is a resident of Southold Town.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Supervisors Appointment
#582
Supervisor Joshua Y. Horton hereby appoints Building Inspector, Christopher Talbot as Assistant
Deputy Emergency Preparedness Coordinator for the Town of Southold effective August 2, 2004,
to serve in said capacity at a compensation of $2,000.00 per annum.
SUPERVISOR HORTON: We welcome Mr. Talbot to the Emergency Preparedness Team as well.
#583
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby adopts the finding of L.K. McLean
Associates, P.C. that the proposed "Local Law in relation to the Town of Southold Local
Waterfront Revitalization Program Consistency Review" is classified as a Type II action pursuant
to SEQRA Rules and Regulations, 6 NYCRR Section 617.4, and is not subiect 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.
#584
Moved by Councilman Wickham, seconded by Justice Evans,
WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review
of an Unlisted Action involving amendments to the Town Code; and
WHEREAS, the proposed amendments involve amending §Al08 o fthe Town Code to revise and
update the Town's Highway Specifications.
NOW THEREFORE BE IT RESOLVED, that pursuant to Part 617 of the SEQR Regulations, the
Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR
Review of the Unlisted Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining
to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the
Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse
effect on the environment for the reason enumerated in the Negative Declaration Form dated July,
2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#585
July 27, 2004
Southold Town Board Regular Meeting
12
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed Local Law
extending the moratorium, entitled "A Local Law In Relation to a One Hundred and Eighty {180)
Day Extension of the Temporary Moratorium on the Processing~ Review of~ and making
Decisions on applications for Maior Subdivisions~ Minor Subdivisions and Special Exception Use
Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" 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.
#586
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local
Law in relation to Parkin~ at the Road End Area on Duck Pond Road" 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.
#587
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold amends resolution No. 733 of 2003~
adopted at the November 6~ 2003 regular Town Board meeting to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby modifies the extension of the leave
of absence for Dania Atkinson, Public Safety Dispatcher at the Southold Town Police Department,
until September 27~ 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#588
Moved by Councilman Wickham, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold amends resolution No. 299 of 2004~
adopted at the April 6~ 2004 regular Town Board meeting to read as follows:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Attorney to accept the sum of $322.00 in full settlement of the account of unpaid tipping fees for
Ocean Fisheries/Kent Valdez.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#589
Moved by Councilman Ross, seconded by Councilman Edwards,
July 27, 2004 13
Southold Town Board Regular Meeting
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 27th day of July, 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"; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on
August 24~ 2004 at 5:05 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. LEGISLATIVE INTENT.
The Town Board finds that the current subdivision regulations have been unable to meet the
growing and changing needs of and the challenges faced by the Town of Southold. To that end, at the
request of the Planning Board, the Chapter Al06 Subdivisions of Land is being repealed and replaced
in its entirety with a new Subdivision chapter. This chapter has been designed with the input of the
town planning and legal staff, as well as retained outside counsel and counsel for the Department of
State. The draft was published in its entirety in the Suffolk Times and was the subject of one public
hearing on June 29, 2004, which was kept open for 10 days to allow for written comments. The
comments have been incorporated into this revised Chapter.
As recommended in the DGEIS prepared for the Town Board in 2003, this review and revision
of the Subdivision Code will result in simplification and improvement of the regulations. This revision
will benefit review and processing of applications. The subdivision regulations are fully compliant
with New York State law and are designed to be more "user-friendly". Additionally, this revision
incorporates the concept of a Conservation Subdivision, which creates the opportunity for the
landowner and Town to reduce the potential yield of a site while protecting and preserving agricultural
land and/or open space.
This revision of the subdivision regulations includes implementation of an affordable housing
requirement when calculating yield on a standard subdivision (as opposed to a Conservation
Subdivision). This requirement provides that at least ten percent, and up to twenty five percent, of a
standard subdivision yield include construction of "affordable" homes that will remain affordable in
perpetuity. This legislation provides for an increased density "bonus" for the developer that elects to
build the full twenty five percent requirement within the subdivision, but also provides the option for
the builder to construct only ten percent of the yield as affordable and meet the remaining requirement
with a payment to the Town's Housing Fund or a donation of property suitable for construction of
affordable homes elsewhere in the Town.
This affordable housing requirement has been crafted in response to the Town-wide consensus
that there is a housing "crisis" within the Town. The DGEIS Housing Needs Assessment concluded
that "modest efforts to provide affordable housing in the Town will not succeed due to escalating real
estate prices." As documented in the report of Philip Beltz, Special Projects Coordinator for the Town
of Southold, entitled "Recommendation for Inclusionary Zoning", the past efforts of the Town to
create affordable housing have not been successful, largely in part due to the escalating real estate
prices and lack of requirement for affordability in perpetuity. The report shows that the average sales
price for a single-family home in 2001-2002 was $390,493.00, while the median household income
July 27, 2004
Southold Town Board Regular Meeting
14
documented in the 2000 census was $49,898.00. In April and May of 2004, joint meetings were held
with the Town Board and the Village Board of Greenport regarding affordable housing and the
proposed annexation of portions of the Town to the Village. While the Boards differed in their
approach to the issue, all agreed that affordable housing is among the most critical of issues facing the
Town today. There was lengthy public input at the May meeting, with an overwhelming cry for
solutions to the affordable housing shortage.
The Town Board has been making progress towards addressing the affordable housing
shortage. Discussions regarding the issue have dominated work sessions and board meetings for
several months. In May 2004, the Town Board passed a resolution (again following a lengthy public
hearing where the consensus showed a need to address the crisis) to create a Housing Fund. The
creation of the fund provides the necessary vehicle through which the Town can obtain funding, create
programs and provide other financial opportunities that will increase housing opportunities for
residents of Southold. In late June 2004, the Town Board passed amendments to the Affordable
Housing District (AHD). These amendments provide for perpetual affordability of homes that are
developed under this zoning. At the present time, there are no pending applications to rezone a
property to AHD.
The Special Projects Coordinator has appeared at several work sessions over the past months
and presented information and research regarding inclusionary zoning. This information has been
summarized and prepared in report form for the Town Board in the report mentioned above.
Inclusionary zoning has been implemented in regions throughout the country, and it refers to local
ordinances that mandate or encourage residential developers to include affordable housing units in
subdivisions. These programs are most successful in strong housing markets where land prices have
eliminated the construction of affordable housing units, as in Southold. Mr. Beltz's report illustrates
the statistic that in June 2000 there were 21 houses available for sale in the "under $300,000" range,
and in June 2004, there were none. That same week in June 2004 showed the average price of a home
for sale was $797,828.00. Mr. Beltz's report recommends the application of a formula requiring that
25% of all residential lots in new subdivisions be designated as affordable. The Town Board expressly
adopts this report and recommendations dated July 26, 2004 with the passage of this revised
Subdivision Code. Research has shown that inclusionary zoning formulas throughout the country have
ranged from 10-35% required affordable units in a subdivision. As a result of the clear need, the crisis
at hand, and the shortage of affordable property, the Town Board has imposed this affordable housing
requirement to benefit the community.
Section 2. CODE AMENDMENT.
Chapter Al06 of the Town Code of the Town of Southold is repealed 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.
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Southold Town Board Regular Meeting
15
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.
CPreservation 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.
FCreation of affordable housing opportunities for residents of the Town.
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, primary
dunes, secondary dunes, underwater lands, land subject to the transfer, sale or extinguishment of
development rights and 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 terms "Coastal
Erosion Hazard Area Line", "primary dunes" and "secondary dunes" shall have the meanings 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
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Southold Town Board Regular Meeting
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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,
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 listed (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 which meets either of the following two sets of
requirements: (a) at least seventy-five (75) percent of buildable lands will be permanently preserved
and protected from all residential or commercial development by means of the sale, transfer, gift or
extinguishment of development rights, and in which density is reduced by at least seventy-five (75)
percent of the permissible density of the subject parcel according to zoning (a "75/75" conservation
subdivision"); or (b) at least eighty (80) percent of buildable lands will be permanently preserved and
protected from all residential or commercial development by means of the sale, transfer, gift or
extinguishment of development rights, and the inclusion of clustered open space of the permitted yield,
and in which density is reduced by at least sixty (60) percent of the permissible density of the subject
parcel according to zoning (an "80/60" conservation subdivision"). Those uses of preserved land
permitted by the Town Board pursuant to legislation shall be permitted.
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
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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 §Al06-11 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
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 AND RECREATION FEE - Money paid in lieu of a park dedication to the Town of Southold
Park and Recreation Fund for use in the acquisition or capital improvement of Town parks and
recreation facilities.
PERFORMANCE BOND- A 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.
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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.
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.
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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 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 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.
D. Nothing herein shall prevent an applicant from preserving land or reducing density to a greater
extent than set forth by the minimum requirements set forth in this chapter.
§ A106-7. Submission Requirements.
Every application for subdivision shall include the following items 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;
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2
(f) Primary and Secondary Conservation Area Plan;
(g) Coastal Assessment Form (as applicable).
Preliminary Plat Review
(a) Preliminary Plat Application Form;
Fee;
Preliminary Plat;
Draft Road and Drainage Plan.
(b)
(c)
(d)
Final Plat Review
(a) Final Plat Application Form;
(b) Fee;
(c) Final Plat;
(d) Final Road and Drainage Plan.
B 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.
(g) Coastal Assessment Form (as applicable).
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 (not applicable
for an ODA);
(d) ODA Map (ODA only).
§ A106-8. Fees.
A. Fees may be charged for review of sketch, preliminary and final plats and related
administrative activities. Such fees shall be paid upon submission of the application.
B. Fee, Schedule, Applications
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
C.
§ A106-9.
Application Fee
Fee Per Lot
$1000.
$1000.
$ 500.
$750.
$ 500. $350.
$ 500.
$350.
$ 500.
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).
(Reserved)
ARTICLE V
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Southold Town Board Regular Meeting
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:
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
information requirements set forth herein for Conservation Subdivisions.
4. Preparation. The ERSAP must be prepared by a licensed New York State Licensed
Surveyor, Architect and/or Engineer.
5. 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.
6.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
photo-grammetry (although ten (10)-foot intervals are permissible beyond the parcel
boundaries, interpolated from published U.S. Geological Service "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, Environmental
Conservation Law ("ECL") ~24-0101, et. seq., the Tidal
Wetlands Act, (ECL) ~25-0101, et. Seq., and Chapter97"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 other information pursuant to Chapter 46 of the Town Code (Flood
Damage Prevention).
f. 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.
g. Vegetative types described by plant community, relative age and condition on the
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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.
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.
Significant natural areas and features:
i. Areas with endangered and threatened vegetation.
ii. Significant habitats, or habitats of endangered, threatened or special concern
species as determined by the New York Department of Environmental
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Yield Plan
1.
2.
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.
If the application applies to real property within five hundred feet of any of the
following, the location of:
i. the boundary of any city, village or town;
ii. the boundary of any existing or proposed county or state
park or other recreation area;
iii. the right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway;
iv. the existing or proposed right-of-way of any stream or
drainage channel owned by the county or for which the
county has established channel lines; or
v. the existing or proposed boundary of any county or state
owned land on which a public building or institution is
situated.
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 and shall include a requirement to provide
affordable housing.
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 lands only. Subdivision design shall
exclude the following features, unless applicant shall have obtained a permit from
all relevant regulating authorities approving the applicant's right to place residential
structures in the subject areas:
i. All underwater lands.
ii. Tidal wetlands or freshwater wetlands, as defined in state and local regulations.
iii. Bluffs, primary dunes and secondary dunes.
iv. 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.
v. Areas required for park dedication pursuant to this Chapter.
vi. Areas required for recharge basins or for natural area recharge.
vii. Areas required for public or private right-of-ways.
viii. Areas required for utilities or public facilities, except that minor utility
easements of direct service to the subdivision may be included.
ix. Areas for which the development rights have been transferred, sold or
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Southold Town Board Regular Meeting
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extinguished.
x. Areas which the Planning Board shall determine to be of such character that
they cannot be used safely for building purposes without danger to health or
peril from fire, flood, drainage or other menace to neighboring properties or the
public health, safety and welfare.
Affordable Housing Requirement. Every new standard residential subdivision
involving the creation of five (5) or more lots shall comply with the requirements
herein to provide affordable housing.
i. Twenty-five percent (25%) of the lot yield as determined pursuant to §Al06-
1 lB.2 a. and b. shall be set aside as Moderate Income Family Dwelling
Units (MIFDU), as defined, created and administered 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 or through another mechanism approved by the Town
Board that will keep units perpetually affordable. The Number of MIFDU
units required in a subdivision shall be rounded up to the next whole
number.
ii. 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%)of the total
yield as MIFDU units in the subdivision. All subdivisions 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:
a. The applicant may construct dwelling units in the subdivision equal in
number to the remaining percentage, thereby providing a total of twenty
five percent (25%) of the yield of the subdivision as MIFDU units. If
this option is chosen, 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 annually by Town Board
resolution and shall be based on the average cost of development rights
purchased by the Town in the previous year. The resolution in effect at
the time of the preliminary plat hearing shall determine the sum to be
paid under this section. 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 extinguish an
equivalent number of development rights on another parcel in Town, in a
form approved by the Town Attorney.
b. The applicant shall pay a sum to the Town of Southold Housing Fund.
The sum shall be based on the number of required MIFDU lots not
constructed in the subdivision. The per unit sum shall be set annually by
resolution of the Town Board and shall consider factors such as the
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Southold Town Board Regular Meeting
25
average cost of building lots and costs of construction in the Town of
Southold.
c. The applicant may provide property with development rights equal to the
number 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, or other similar organization
approved by the Town Board 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, and proof
of same must be provided to the Planning Board during preliminary plat
review.
d. If option (b) or (c) are chosen, the applicant may build any remaining
allowed lots in the subdivision, and they shall not be required to be
MIFDU units.
d. Yield must be further determined in consideration of the ERSAP.
Conservation Subdivision. For all conservation subdivisions, one of the following formulas
shall be used to calculate yield.
a. 75/75 Conservation Subdivision
Total Buildable Lands x Percentage of Buildable Lands not permanently preserved
(up to 25 percent) = Developable Area
Developable Area + Minimum Lot Area of Zoning District = Yield
b. 80/60 Conservation Subdivision
Total Buildable Lands + Minimum Lot Area of Zoning District = Yield on
Entire Parcel
Yield on Entire Parcel x 40% = Yield on Developable Area
Total Buildable Lands x Percentage of Buildable Lands not permanently preserved
(up to 20 percent) = Developable Area
Primary and Secondary Conservation Area Plan. All 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 as defined in §A106-3 shall be identified using
Existing Resources and Site Analysis Plan(s) (ERSAP) as a base map.
2. Location of House Sites. Using the information from C. 1. 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.
3. 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
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
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Southold Town Board Regular Meeting
26
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.
D. Cluster Design. The design of a cluster subdivision plat shall be pursuant to the requirements
of Article XI herein, if applicable.
E. 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.
F. 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-(11)I.
G. Proposed name of the subdivision: (The proposed name shall not duplicate any plat previously
filed.)
H. Ownership and Licensed Professional Information.
1. Name and address of legal owner of the property.
2. Name and address, including telephone number of the design professional, Architect or
Engineer responsible for subdivision design, and the design of public improvements.
3. Name and address, including telephone number of the Surveyor responsible for mapping
and laying out the site.
I. Description
1. North arrow showing true north.
2. Tax map section, block and lot numbers.
3. Distance to the nearest existing, or platted streets, street intersections, or other public
ways within or immediately adjacent to the tract.
4. 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.
5. 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.
6. Name of any subdivisions immediately adjacent to the parcel and the name of the
owners of record of all adjacent property.
J. 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.
K. Existing Improvements.
1. 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.
2. Width and location of any streets or public ways or places shown on the Official Map or
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Southold Town Board Regular Meeting
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.
3. Location and size of any existing fire control structures, fire hydrants and wells.
L. 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. 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.
§ A106-13. 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
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."
§ A106-14. Action on Sketch Plat; Decision.
A. The Planning Board shall take action on the sketch plat application at a scheduled meeting of
the Planning Board. 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 plat 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.
§ A106-15. 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.
§A 106-16. (Reserved)
§A 106-17. (Reserved)
ARTICLE VI
Preliminary Plat Review
§ A106-18. Waiver, Preliminary Plat Review.
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If an Applicant submits a Conservation Subdivision application, the preliminary plat approval
requirement is waived and the Applicant shall proceed directly to final approval process described in
Article VII of this Chapter.
§ 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.
4. Name, address and telephone number of New York State licensed engineer or surveyor
preparing the preliminary plat.
5. 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
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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-
l 08, 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
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 Freshwater 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.
The Planning Board shall comply with the provisions of the State Environmental
Quality Review Act (SEQRA) and its implementing regulations. 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.
§ A106-22. Action on Preliminary Plat.
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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. Planning Board As Lead Agency Under the State Environmental Quality Review Act: Public
Hearing: Notice: Decision
1. Public Hearing on Preliminary Plats - The time within which the Planning Board shall hold
a public hearing on the preliminary plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review Act as follows:
a. If such board determines that the preparation of an environmental impact statement
on the preliminary plat is not required, the public hearing on such plat shall be held
within 62 days after receipt of a complete preliminary plat by the Clerk of the
Planning Board, or
b. If the Planning Board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact statement is held,
the public hearing on the preliminary plat and the draft environmental impact
statement shall be held jointly within 62 days after the filing of the notice of
completion of such draft environmental impact statement in accordance with the
provisions of the State Environmental Quality Review Act. If no public hearing is
held on the draft environmental impact statement, a public hearing on the
preliminary plat shall be held within 62 days of filing the notice of completion.
2. Public Hearing; Notice, Length - The hearing on the preliminary plat shall be advertised at
least once in the official newspaper so designated by the Town Board at least five days
before such hearing if no hearing is held on the draft environmental impact statement, or
fourteen days before a hearing held jointly therewith. Notice shall be provided pursuant to
Chapter 58. 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 Applicant shall erect a
sign provided by the Planning Board, which shall be prominently 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
(10) 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 (10) 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. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public consideration of such
preliminary plat. The hearing on the preliminary plat shall be closed upon motion of the
Planning Board within one hundred twenty days after it has been opened.
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3. Decision - The Planning Board shall approve, with or without modification, or disapprove
such preliminary plat as follows:
a. If the Planning Board determines that the preparation of an environmental impact
statement on the preliminary plat is not required, the Planning Board shall make its
decision within sixty-two days after the close of the public hearing, or
b. If the Planning Board determines that an environmental impact statement is
required, and a public hearing is held on the draft environmental impact statement,
the final environmental impact statement shall be filed within forty-five days
following the close of such public hearing in accordance with the provisions of the
State Environmental Quality Review Act. If no public hearing is held on the draft
environmental impact statement, the final environmental impact statement shall be
filed within forty-five days following the close of the public hearing on the
preliminary plat. Within thirty days of the filing of such final environmental impact
statement, the Planning Board shall issue findings on the final environmental impact
statement and make its decision on the preliminary plat.
4. Grounds For Decision - The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board. When so approving a
preliminary plat, the Planning Board shall state in writing any modifications it deems
necessary for submission of the plat in final form.
B. Planning Board Not As Lead Agency Under The State Environmental Quality Review Act:
Public Hearing; Decision
1. Public Hearing On Preliminary Plats - The Planning Board shall, with the agreement of the
lead agency, hold the public hearing on the preliminary plat jointly with their lead agency's
hearing on the draft environmental impact statement. Failing such agreement, the Planning
Board shall hold the public hearing on the preliminary plat within sixty-two days after
receipt of a complete preliminary plat by the Clerk of the Planning Board.
2. Public Hearing; Notice, Length - The hearing on the preliminary plat shall be advertised at
least once in a newspaper of general circulation in the town at least five days before such
hearing is held independently of the hearing on the draft environmental impact statement, or
fourteen days before a hearing held jointly therewith. Notice shall be provided pursuant to
Chapter 58 and as set forth above in §A106-22A.2. The Planning Board may provide that
the hearing be further advertised in such manner as it deems most appropriate for full public
consideration of such preliminary plat. The hearing on the preliminary plat shall be closed
upon motion of the Planning Board within one hundred twenty days after it has been
opened.
3. Decision - The Planning Board shall by resolution approve with or without modification or
disapprove the preliminary plat within sixty-two days after the close of the public hearing
on such preliminary plat.
a. If the preparation of an environmental impact statement on the preliminary plat is
not required, the Planning Board shall make its decision within sixty-two days after
the close of the public hearing on the preliminary plat.
b. If an environmental impact statement is required, the Planning Board shall make its
own findings and its decision on the preliminary plat within sixty-two days after the
close of the public hearing on such preliminary plat or within thirty days of the
adoption of findings by the lead agency, whichever period is longer.
4. Grounds For Decision - The grounds for a modification, if any, or the grounds for
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disapproval shall be stated upon the records of the Planning Board. When so approving a
preliminary plat, the Planning Board shall state in writing any modifications it deems
necessary for submission of the plat in final form.
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.
§A106-23. (Reserved)
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
imposed by the Planning Board in those approvals.
D. 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.
5. Any other documents required by the Planning Board as a condition of its sketch plat or
preliminary plat approval.
§ A106-25. Technical Requirements.
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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
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.
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12. MIFDU lots must be designated on the final plat.
13. The title shall identify if the subdivision is a cluster subdivision or a conservation
subdivision.
14. The final plat shall state that the subdivision has been adopted pursuant to the terms of the
amended Chapter Al06, and shall state the effective date of the amendment.
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 Freshwater 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. 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 negative declaration or such notice of completion.
§ A106-27. 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 06-25C
shall be forwarded to the Town Engineering Office for review and compliance with Chapter A108
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.
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§ A106-28. Action on Final Plats Which Are In Substantial Agreement with Approved
Preliminary Plats.
When a final plat is submitted which the Planning Board deems to be in substantial agreement
with a preliminary plat approved pursuant to this Chapter, 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, within sixty-two (62) days of its receipt by the Planning
Board. 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.
§ A106-29. Final Plats: Not in Substantial Agreement with Approved Preliminary Plats or
When No Preliminary Plat is Required.
A. When a final plat is submitted which the Planning Board deems not to be in substantial
agreement with a preliminary plat approved pursuant to this Chapter, or when no preliminary plat is
required to be submitted and a final plat clearly marked "final plat" is submitted conforming to the
definition provided by this Chapter the following shall apply:
1. Planning Board As Lead Agency: Public Hearing: Notice: Decision
a. Public Hearing on Final Plats - The time within which the Planning Board shall hold a
public hearing on such final plat shall be coordinated with any hearings the Planning
Board may schedule pursuant to the State Environmental Quality Review Act, as
follows:
i. If the Planning Board determines that the preparation of an environmental
impact statement is not required, the public hearing on a final plat not in
substantial agreement with a preliminary plat, or on a final plat when no
preliminary plat is required to be submitted, shall be held within sixty-two days
after the receipt of a complete final plat by the Clerk of the Planning Board; or
ii. If the Planning Board determines that an environmental impact statement is
required, and a public hearing on the draft environmental impact statement is
held, the public hearing on the final plat and the draft environmental impact
statement shall be held jointly within sixty-two days after the filing of the notice
of completion of such draft environmental impact statement in accordance with
the provisions of the State Environmental Quality Review Act. If no public
hearing is held on the draft environmental impact statement, the public hearing
on the final plat shall be held within sixty-two days following filing of the notice
of completion.
b. Public Hearing; Notice Length - The hearing on the final plat shall be advertised at least
once in the official newspaper so designated by the Town Board at least five days
before such hearing if no hearing is held on the draft environmental impact statement,
or fourteen days before a hearing held jointly therewith. Notice shall be provided
pursuant to Chapter 58 and as set forth above in §A106-22A2. The Planning Board
may provide that the hearing be further advertised in such manner as it deems most
appropriate for full public consideration of such final plat. The hearing on the final plat
shall be closed upon motion of the Planning Board within one hundred twenty days
after it has been opened.
c. Decision - The Planning Board shall make its decision on the final plat as follows:
i. If such board determines that the preparation of an environmental impact
statement on the final plat is not required, the Planning Board shall by resolution
conditionally approve, with or without modification, disapprove, or grant final
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B. Final approval.
approval and authorize the signing of such plat within sixty-two days after the
date of the public hearing; or
ii. If the Planning Board determines that an environmental impact statement is
required, and a public hearing is held on the draft environmental impact
statement, the final environmental impact statement shall be filed within forty-
five days following the close of such public hearing in accordance with the
provisions of the State Environmental Quality Review Act. If no public hearing
is held on the draft environmental impact statement, the final environmental
impact statement shall be filed within forty-five days following the close of the
public hearing on the final plat. Within thirty days of the filing of the final
environmental impact statement, the Planning Board shall issue findings on such
final environmental impact statement and shall by resolution conditionally
approve, with or without modification, disapprove, or grant final approval and
authorize the signing of the such plat.
Grounds for Decision - The grounds for a modification, if any, or the grounds for
disapproval shall be stated upon the records of the Planning Board.
Planning Board Not As Lead Agency; Public Hearing; Notice; Decision
a. Public Hearing On Final Plat - The Planning Board shall, with the agreement of the
lead agency, hold the public hearing on the final plat jointly with the lead agency's
hearing on the draft environmental impact statement. Failing such agreement, the
Planning Board shall hold the public hearing on the final plat within sixty-two days
after the receipt of a complete final plat by the Clerk of the Planning Board.
b. Public Hearing; Notice; Length - The hearing on the final plat shall be advertised at
least once in the official newspaper so designated by the Town Board a at least five
days before such hearing is held independently of the hearing on the draft
environmental impact statement, or fourteen days before a hearing held jointly
therewith. Notice shall be provided pursuant to Chapter 58 and as set forth above in
§A106-22A2. The Planning Board may provide that the hearing be further
advertised in such manner as it deems most appropriate for full public consideration
of such final plat. The hearing on the final plat shall be closed upon motion of the
Planning Board within one hundred twenty days after it has been opened.
c. Decision - The Planning Board shall by resolution conditionally approve, with or
without modification, disapprove, or grant final approval and authorize the signing
of such plat within sixty-two days after the close of the public hearing on such final
plat. The grounds for a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Planning Board.
i. If the preparation of an environmental impact statement on the final plat is
not required, the Planning Board shall make its decision within sixty-two
days after the close of the public hearing on the final plat.
ii.If an environmental impact statement is required, the Planning Board shall
make its own findings and its decision on the final plat within sixty-two days
after the close of the public hearing on such final plat or within thirty days of
the adoption of findings by the lead agency, whichever period is longer. The
grounds for a modification, if any, or the grounds for disapproval shall be
stated upon the records of the Planning Board.
Prior to obtaining the Planning Board Chair's or Vice Chair's signature of the
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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.
5. Proof that funds owed in accordance with the affordable housing requirement have been
paid.
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.
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.
H. This Local Law is intended to supersede and amend inconsistent provisions of
Town Law {}276(8) by eliminating the provisions for default approval resulting
from the Planning Board's failure to take any action or hold any hearing on a
preliminary or final plat within the statutory time periods.
§A106-30. (Reserved)
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
("ODA") 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
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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 from residential or commercial development) between the property owner
and one of the following entities: the Town of Southold, the County of Suffolk, another
governmental entity, or a private conservation corporation or land trust as 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.
E. The approved map shall be signed by the Town Supervisor within ten (10) days of the adoption
of the approving resolution.
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.
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§ 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 Chapter 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 Town Board shall approve or disapprove the performance bond, subject to the review and
approval of 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.
D. 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.
E. 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
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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 Town 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. The letter of credit shall
certify the following:
a. That the creditor does guarantee funds in an amount equal to the performance bond
estimate.
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.
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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 the 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
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
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bond be declared in default. The Planning Board shall advise the Town Board,
by resolution, if its recommendation is for the extension or default of the bond.
The Town Board shall act on the extension or declaration of default on the
performance bond.
viii. The performance bond shall have a term of two years. The term and
requirements of a performance bond may be extended or modified by the
Planning Board, in consultation with the Town Engineering Office and the
Superintendent of Highways, with the approval of the Town Board.
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 {}Al 06-37.
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. 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 release of the performance bond.
E. Site preparation. Site preparation and construction of the required public improvements shall not
begin until (1) 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) if
such work is to be performed without posting a performance bond, 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
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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
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 II
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),
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the Applicant shall pay a review fee equivalent to two thousand ($2,000) dollars per lot or six
(6) percent of the bond estimate, 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.
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.
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review and approval by the Town Engineering Office prior to
of the final plat.
ARTICLE XI
Cluster Development
§ A106-47. Authority and Purpose.
A.
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.
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.
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.
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.
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.
Location of all proposed survey monuments shall be shown on preliminary maps for
Planning Board approval
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.
The Planning Board shall require cluster development of parcels seven (7) acres or greater in
size and not classified as a Conservation Subdivision.
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
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.
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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 §Al06-11 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
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
July 27, 2004
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47
required open space.
§ A106-48. Determination of the Location 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 §Al06-1 i(C). 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.
§ A106-49. Protection and Use of Open Space Lands.
A. Ownership. As a condition of approval of a subdivision plat pursuant to this Chapter and in
order to further the Town's goals of permanent preservation, the Planning Board shall require
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Southold Town Board Regular Meeting
48
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 §A106-49C. 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.
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
that the use of the open space is permanently restricted to those uses approved by the
Board.
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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
landfills.
7. Water supply and sewage disposal systems, and stormwater detention areas designed,
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Southold Town Board Regular Meeting
50
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
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
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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
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
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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.
(2. 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
flagpole access strip.
2.In allowing flag lot arrangements in subdivision, the Planning Board may require either a
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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
15,001 to 30,000
30,001 to 60,000
60,001 to 90,000
90,001 to 140,000
140,001 to 200,000
200,001 or greater
D. Clearing limits
75
6O
50
35
25
2O
15
shall be clearly staked and approved by a New York State licensed engineer or
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Southold Town Board Regular Meeting
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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
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
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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
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.
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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
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,
July 27, 2004
Southold Town Board Regular Meeting
57
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
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.
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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.
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
July 27, 2004 59
Southold Town Board Regular Meeting
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.
§ 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
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60
prevent, restrain, correct or abate any violation of this Chapter.
Section 3. 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.
Section 4. 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.
#590
Moved by Councilman Edwards, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold authorizes Supervisor Joshua Y. Horton to
retain L.K. McLean Associates to perform a topographical survey on the Town Hall site,
Southold, N.Y.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#591
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Conwa¥ as a
part-time Bay Constable in the Police Department at an hourly rate of to be determined, effective
immediately.
SUPERVISOR HORTON: ! told Bobby he wouldn't be able to stay away very long. We welcome his
return in this unusual circumstance.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That is as far as we can go with this agenda, prior to the finalizing of
numerous public hearings that we have. It is 5:00 or shortly thereafter.
Moved by Justice Evans, seconded by Councilman Edwards, it was
RESOLVED that this Town Board meeting be and hereby is declared recessed in order to hold four (4)
public hearings on the matters of (1.) HEARING ON "A LOCAL LAW IN RELATION TO
AMENDMENTS TO CHAPTER Al08 OF THE CODE OF THE TOWN OF SOUTHOLD
PERTAINING TO HIGHWAY SPECIFICATIONS"; (20 HEARING ON "A LOCAL LAW IN
RELATION TO A ONE HUNDRED AND EIGHTY (180) DAY EXTENSION OF THE
TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF, AND MAKING
DECISIONS ON APPLICATIONS FOR MAJOR SUBDIVISIONS, MINOR SUBDIVISIONS
AND SPECIAL EXCEPTION USE PERMITS AND SITE PLANS CONTAINING DWELLING
UNIT(S) IN THE TOWN OF SOUTHOLD"; (30 HEARING ON "A LOCAL LAW IN
RELATION TO THE TOWN OF SOUTHOLD WATERFRONT REVITALIZATION
July 27, 2004
Southold Town Board Regular Meeting
61
PROGRAM CONSISTENCY REVIEW" AND (4.) HEARING ON "A LOCAL LAW IN
RELATION TO PARKING AT THE ROAD END ON DUCK POND ROAD."
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
After the public hearing on the moratorium extension, before beginning the hearings on the Local
Waterfront Revitalization Program and Parking at the Road End on Duck Pond Road:
SUPERVISOR HORTON: Before we move into the next two hearings, why doesn't the Board have a
moment to find some resolve in regard to the direction of this, given what we have heard from the
public, so that we can find some direction on this local law. (The Town Board conferred at this time
about the Subdivision Moratorium.) The Board has recessed from public hearing and Councilman
Wickham has a motion on the table, or to propose.
Moved by Councilman Wickham, seconded by Councilman Romanelli,
WHEREAS there was presented to the Town Board of the Town of Southold, a Local law entitled "A
Local law in relation to One hundred eighty day extension of the moratorium, and whereas the Board
has held a public hearing on this law, at which time all interested persons were heard, now therefore be
it Resolved that the Town Board hereby enacts the following Local law. It is a local law and ! am
proposing an amendment to this law, that instead of 180 days, it would say 90 day extension of the
moratorium and the law goes on to many, many pages and towards the end of it is a section that refers
to specific exclusions from the moratorium. In the local law that was heard tonight and that has been
noticed in the newspapers, etc., there are two additional exclusions, numbers 10 and 11 at the end that
were added to the previous exclusions, one having to do with pending applications for affordable
housing and the other for subdivisions of not more than two lots on parcels up to seven acres. ! am
proposing in this motion to delete those two; both of those two additional exclusions. So the motion
that ! am making is to extend the moratorium for 90 days in exactly the same format as the previous
ones.
SUPERVISOR HORTON: Any discussion?
COUNCILMAN ROSS: Yes.
SUPERVISOR HORTON: This will be a roll call vote, for the record.
COUNCILMAN ROSS: This is to amend the local law that was proposed?
SUPERVISOR HORTON: That is correct and the resolution ....
COUNCILMAN ROSS: And if the amendment carries, we will then vote on the local law? And if the
amendment does not carry, we will vote on the local law?
SUPERVISOR HORTON: That is correct. And this will not be a roll call vote. All in favor of
Councilman Wickham's proposed amendment?
COUNCILMAN WICKHAM: Aye.
COUNCILMAN ROMANELLI: Aye.
COUNCILMAN EDWARDS: Aye. Maybe it should be roll call?
SUPERVISOR HORTON: We are not voting on the local law. Alright, we will do a roll call vote.
So this is again, to preclude any confusion, that ! may myself be dealing with, this is Councilman
Wickhams' motion is to amend the proposed legislation. This is not a vote on that legislation. This is
not a vote on it, this is a vote to amend that resolution. Please call the roll.
July 27, 2004 62
Southold Town Board Regular Meeting
COUNCILMAN EDWARDS: ! am going to vote in favor of it, ! would have preferred to leave the
two exclusions in but in the interest of reducing it to 90 days, ! know, but ! am commenting. ! will
vote for the amendment.
Vote of the Town Board: Aye: Councilman Edward, Councilman Wickham, Councilman Romanelli.
No: Councilman Ross, Justice Evans, Supervisor Horton.
SUPERVISOR HORTON: ! am putting a motion on the table to amend, in the same fashion that we
just attempted to do; to amend the local law to mirror what Councilman Wickham recommended,
which is to take exceptions 10 and 11 out but leave it at a six month time frame. A 180-day time
frame.
Moved by Supervisor Horton, seconded by Councilman Ross, it was
Proposed that the moratorium be extended by 180 days but take out exceptions 10 and 11.
SUPERVISOR HORTON: Any discussion? Please call the roll.
Vote of the Town Board: Aye: Councilman Ross, Supervisor Horton. No: Councilman Edwards,
Councilman Wickham, Councilman Romanelli, Justice Evans.
SUPERVISOR HORTON: So that leaves this Board with another conference to decide exactly what it
is it will gain consensus on in regard to this, or move it ahead as it is. Which ! don't think there is
support for.
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
Moved to change in the proposed local law, 180 days to 90 days and leave everything else the same;
other than the time frame. That leaves the exclusions in.
SUPERVISOR HORTON: Please call the roll.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Wickham, Councilman Romanelli.
No: Councilman Ross, Justice Evans, Supervisor Horton.
UNIDENTIFIED: How about a year?
SUPERVISOR HORTON: The Board is conversing and ! hear you, ! understand you and ! happen to
agree but the one year proposal is not an option from a legal perspective; is the advice of counsel and !
am inclined to take counsel's advice.
#593
Moved by Councilman Ross, seconded by Councilman Romanelli,
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 27th day of July, 2004 a Local Law entitled "A Local Law In Relation to a One
Hundred and Eighty (180) Day Extension of the Temporary Moratorium on the Processing~
Review of~ and making Decisions on applications for Maior Subdivisions~ Minor Subdivisions
and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of
Southold", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were heard, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
A Local Law entitled "A Local Law In Relation to a One Hundred and Eighty (180) Day
Extension of the Temporary Moratorium on the Processing~ Review of~ and making Decisions on
applications for Maior Subdivisions~ Minor Subdivisions and Special Exception Use Permits and
Site Plans containing Dwelling Unit(s) in the Town of Southold" reads as follows:
LOCAL LAW NO. 15 of 2004
A Local Law In Relation to a One Hundred and Eighty (180) Day Extension of the Temporary
Moratorium on the Processing, Review of, and making Decisions on applications for Major
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Southold Town Board Regular Meeting
63
Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing
Dwelling Unit(s) in the Town of Southold
BE IT ENACTED BY, the Town Board of the Town of Southold as follows:
Section 1. PURPOSE
Moratorium Extension
I. Legislative Intent
A Town-wide moratorium on subdivisions, special exception use permits, and site plans containing
dwelling units was enacted by the Town Board of the Town of Southold on August 20, 2002. To date
this moratorium has been extended four times, first by six months, twice by 90 days, and again by six
months. The current moratorium is set to expire on August 9, 2004. The moratorium was intended to
provide sufficient time for the Town to consider the recommendations of the Blue Ribbon Commission
and to comprehensively review Town planning issues. These issues include affordable housing,
completion of the Local Waterfront Revitalization Plan (LWRP), consideration of public
infrastructure, hamlet areas, natural and environmental resources, and transportation systems.
In August, 2002, the Town Board established a moratorium planning team consisting of the Town
attorney, Town planner and land preservation coordinator. The team also included two planning
consultants and two attorneys specializing in planning and land use hired by the Town Board. This
moratorium planning team met on a regular basis to advance the tasks and schedule as authorized by
the Town Board. The team completed a number of important tasks, including: · review of past studies;
· synthesis of past planning recommendations;
· review of Town Code, policies and definitions;
· preparation of Geographic Information System (GIS) resource maps in cooperation with Town
data processing staff to document Town characteristics;
· review of technical information and facts to be used in completing the GElS and planning
initiative review;
· initial review of Town affordable housing policies;
· initial review of hamlet centers, transition zones and rural areas of the Town;
· meetings and interviews with Town staff and department heads;
· preparation of materials and updates of ongoing activities that were placed on the Town's
website for public information purposes;
· public informational meetings, Town Board updates and dialogue with the Town Board
regarding policy considerations;
· preparation of draft documents for Town Board implementation and conformance with State
Environmental Quality Review Act (SEQRA) procedures;
· preparation of a build-out analysis;
· preparation of the Draft GELS; and
· three public hearings on the Draft GELS' and
· preparation of Final GELS.
The Town Board recognized the need to comply with SEQRA, and understands the value of this
process. The action was of Town-wide significance and was considered to be a Type I action which is
more likely to require an environmental impact statement. As a result, the Town Board adopted a
number of documents in conformance with SEQRA, including the following: classification of the
action as a Type I action; designation of the Town Board as lead agency; preparation of an
environmental assessment form; issuance of a Positive Declaration; acceptance of a Draft GELS; and
acceptance of a final GELS.
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Southold Town Board Regular Meeting
64
The Draft GEIS prepared for the Town is more than an environmental impact statement, it is a
significant and comprehensive document that considers implementation of forty-three (43) planning
and program tools and measures that have been recommended in the Town during the past twenty
years. These recommendations are analyzed in depth in terms of the current Town needs and goals.
The recommendations call for legislative changes and modification to Town policy and procedures, all
designed to better implement the Town's Comprehensive Planning efforts.
Recognizing the significance of the action, the need and desirability to comply with SEQRA through
the use of a GElS process, and the subsequent need to determine the ultimate series of
recommendations to be implemented, the Town Board sought to ensure that sufficient time was set
aside to complete the SEQRA process, meet legal mandates and accommodate social needs. In
response to wide public interest in the DGEIS document, the Town Board held three public hearings
and kept the hearing process open until July 15, 2003 in order to facilitate public review and comment.
A Final GElS and a Notice of Completion of the Final GElS was issued by the Town Board on
September 9, 2003, and the public review period on the FGEIS was extended to September 22, 2003.
A State Environmental Quality Review Act Findings Statement was adopted by the Town Board of
September 23, 2003. The Town Board met at regular and special meetings to discuss relevant issues
and possible courses of action.
The Town Board voted to extend this moratorium by ninety (90) days on October 21, 2003
effective upon filing with the Department of State, which took place on November 17, 2003.
Following the adoption of the third moratorium extension, new Town Board members were elected
and a new Town Attorney was appointed, effective January 1, 2004. Time was needed for these new
officers to be brought up to speed on the extensive planning and SEQRA work that had taken place
during the moratorium. Accordingly, the moratorium was extended a fourth time on January 6, 2004,
to run an additional one hundred eighty days from February 11, 2004.
During the past six months, the Board has considered many of the tools recommended in the
GElS and taken steps to implement some of the recommendations. The amendments to the Subdivision
Code have dominated the numerous discussions, as well as the time of the planning and legal staff and
Town Board, over the past six months. The Subdivision amendments, including the Conservation
Subdivision Program, are substantially complete and will be the subject of a public hearing on June 29,
2004. This is a significant document, and the Board anticipates a period of written comment, revisions,
and a second public hearing before the new Subdivision chapter is adopted. Further, the Town Board
has worked diligently on the revision of the Affordable Housing District (AHD) regulations and
legislation creating a Housing Fund. These are designed to address the affordable housing crisis that
presently exists in Southold. The AHD revisions were the subject of a lengthy and productive public
hearing on June 1, 2004. The amendments were subsequently revised and will be discussed at public
hearing also on June 29, 2004. The Housing Fund legislation was adopted on May 18, 2004.
The current moratorium is set to expire on August 9, 2004. Active planning has been and continues to
take place. Work is proceeding. The Town Board met in a work session on June 22, 2004, and
discussed the projects to be tackled in the immediate future. These include continued discussions and
implementation of several of the 43 tools and measures set forth in the GELS. There are ongoing
discussions concerning the crafting of legislation creating a "Point System" to rank subdivision
applications, which would give weight to projects meeting the Town's goals and emphasizing existing
infrastructure.
It is important that this ranking of subdivision applications, as well as implementation of additional
tools, be considered prior to the lifting of the moratorium. Further, a review of the planning process for
residential site plans will be addressed. The Hamlet Planning Initiative is underway, and the Town has
July 27, 2004
Southold Town Board Regular Meeting
65
retained an independent consultant to review the hamlets and define halo zones. Resident stakeholders
are being appointed to groups from each hamlet that will work over the next 3-4 months with the
consultant and provide valuable input into the needs of the hamlet, so that the future of these hamlets
can be better defined using the principles of Smart Growth. It is expected that this study will be
completed by November, and will form the basis for decisions to plan the future growth of the hamlets,
i.e. zone changes and other actions. The Town Board is considering a Transfer of Development Rights
Program, the establishment of a Development Rights Land Bank, and a Rural Incentive District (RID).
Further, it is anticipated that a final draft of the LWRP will be presented to the Town Board by early
August for review and appropriate comment.
The Town Board feels that, with the revisions of the AHD complete and the revision of the subdivision
regulations anticipated to be completed by August 2004, it is appropriate to exclude applications for
development in the AHD district from the moratorium extension. The lack of affordable housing has
reached a crisis in the Town of Southold. Although the proposed solutions have been the subject of
much discussion and debate over the past six months, both in the Town and the Village of Greenport, it
is widely agreed that a crisis exists. The Town Board feels that the legislative changes that have been
made to date will ensure perpetual affordability and fairness in the process, and they are willing to hear
any AHD proposal without further delay.
Additionally, the Town Board feels that an exclusion from the moratorium is appropriate at this time
for subdivisions of no more than two (2) lots, on less than seven (7) acres of land. These parcels are
generally too small for either preservation opportunities or clustering of homes, and will not have a
significant effect on density, infrastructure, agricultural lands, water supply, natural resources, rural
character or other planning objectives. These exclusions will not be effective until after the amended
subdivision chapter has been adopted. Likewise, any new Conservation Subdivision Applications will
be processed under the new chapter. Conservation Subdivisions are already excluded from the
moratorium pursuant to Section 4.
The issues facing the Town of Southold and possible solutions to those issues are complex. The above
referenced legislative solutions, as well as others recommended in the DGEIS, are being discussed and
debated. Meanwhile the Town continues to face significant development pressure. It is critical that
the issues be grappled with in a comprehensive manner, crucial legislative decisions made and those
decisions implemented. For the reasons stated above and to permit the Town Board to decide on and
enact needed legislation to implement the Town's comprehensive planning, additional time is needed
beyond the expiration of the current moratorium. An additional extension of the moratorium will
enable the Town to continue to focus on crafting and implementing a strategy to ensure that it actually
achieves its planning objectives. This action is necessary in order to protect the character, natural
resources, public services and facilities of the Town of Southold and the public health, safety and
welfare of Town residents. This local law is intended to extend the moratorium for an additional one
hundred eighty (180) days from August 5, 2004.
Section 2. ENACTMENT OF TEMPORARY MORATORIUM
For a period of One Hundred and Eighty (180) Days following the effective date of this Local
Law after which date this Local Law shall lapse and be without further force and effect and subject to
Law adopted by the Town Board during the One Hundred and Eighty (180) day
any other Local
period:
1)
the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a subdivision, whether that subdivision
application was submitted prior to or after the effective date of this law. This law
applies to subdivisions (whether major subdivisions or minor subdivisions) as defined
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Southold Town Board Regular Meeting
66
in Southold Town Code § A-106-13. The statutory and locally-enacted time periods
for processing and making decisions on all aspects of subdivision applications
(including, but not limited to, sketch plans, preliminary and final subdivision plats)
are suspended and stayed while this Local Law is in effect;
2) the Planning Board shall not accept for review, continue review, hold a hearing or
make any decision upon any application for a site plan containing DWELLING
UNIT(S), whether submitted prior to or after the effective date of this law, and shall
not be subject to the time periods specified in Town Law § 274-a and Article XXV
of the Southold Town Code, including without limitation, provisions relating to the,
processing, reviewing, holding of hearings and the rendering of decisions. The
statutory and locally-enacted time periods for processing and making decisions on all
aspects of site plan applications containing dwelling unit(s) are suspended and stayed
while this Local Law is in effect
3) The Zoning Board of Appeals shall not accept for review, continue review, hold a
hearing on, continue a hearing or make any decision upon any application for a
special exception use permit which application is also subject to Planning Board
approval pursuant to the Southold Town Code where the Planning Board is
prohibited from reviewing, processing, holding hearings on and making decisions on
because of the provisions of this local law, whether said application was submitted
prior to or after the effective date of this local law.
Section 3. APPLICATION
This local law shall apply to ALL [new or pending] applications for either subdivision approval
or special exception use permits and site plans containing dwelling unit(s) within the Town of
Southold.
Section 4. EXCLUSIONS
This Local Law shall not apply to:
1) subdivisions for which final plat or conditional final plat approval was granted by the
Planning Board prior to the effective date of this local law;
2) setoffs as defined in the definition of "Subdivision" in Southold Town Code section A106-
13;
3) Lot line applications;
4) new or pending applications for the subdivision of a parcel of property where interests or
rights in real property (the fee or any lesser interest, development rights, easement,
covenant, or other contractual right ) to a portion of that parcel have been sold or gifted (for
purposes of permanent preservation) to either the Town of Southold (pursuant to either
chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land
Trust or the Nature Conservancy, prior to the effective date of this local law;
5) new or pending applications for the subdivision of a parcel of property where an executed
contract (dated prior to the effective date of this local law) exists to either sell or gift
interests or rights in real property (the fee or any lesser interest, development rights,
easement, covenant, or other contractual right ) to a portion of that parcel (for purposes of
permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or
59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the
Nature Conservancy;
6) new subdivision applications where an applicant has entered into a contract (dated after the
effective date of this local law) to either sell or gift interests or rights in real property (the
July 27, 2004
Southold Town Board Regular Meeting
67
fee or any lesser interest, development rights, easement, covenant, or other contractual right
) to a portion of that parcel(for purposes of permanent preservation) to either the Town of
Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County
of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion
of the property on which the interests or rights to property are being sold or gifted
encompasses at least seventy five percent (75%) of the entire parcel. The following areas
are not to be included in the calculation of the 75% threshold: that portion of the parcel
which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks,
ponds, slopes over 15%, underwater land, land encumbered by easements or other
restrictions preventing use of such land for construction of buildings or development or
land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town
Code.;
7) a site plan application for a two-family dwelling;
8) a site plan application for a bed-and-breakfast;
9) a site plan application for an accessory apartment(s);
10) new or pending applications for subdivision of a parcel of property within the Affordable
Housing District (AHD). This exclusion shall become effective in accordance with Section
8 of this law;
11) new or pending applications for subdivision of no more than two (2) residentially zoned
lots, on a parcel of land less than seven (7) acres, provided however that in no instance shall
more than two (2) lots be obtained from any lot or parcel existing on the effective date of
this law during the period of the moratorium. This exclusion shall become effective in
accordance with Section 8 of this law.
Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE
To the extent that any provisions of this Local Law are in conflict with or are construed as
inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and
takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers, pursuant
to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any
inconsistent authority.
In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town
Code §§§ A106-21, A106-22, A106-23 and A106-24, which require that the planning board act upon,
hold hearings on, and make decisions concerning subdivision applications (including, but not limited
to, sketch plans, preliminary and final subdivision plats) within specified time periods. This local law
suspends and stays the running of time periods for processing, acting upon, holding hearings on,
making decisions and taking action on such subdivision applications (including, but not limited to,
sketch plans, preliminary and final subdivision plats) provided for in those laws.
And, to the extent and degree any provisions of this Local Law are construed as
being inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to
the authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended
to supersede and amend any said inconsistent authority.
And, to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in
Article XXV of the Southold Town Code, which require that the Planning Board process, review, hold
hearings on, and act upon applications for site plans within specified time periods, this local law
suspends and stays the running of time periods for processing, review, holding hearings on, making
July 27, 2004
Southold Town Board Regular Meeting
68
decisions, and taking action on such applications provided for in those laws and is intended to
supersede and amend any said inconsistent authority.
And to the extent and degree any provisions of this Local Law are construed as being
inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI
of the Southold Town Code, which require that the Zoning Board of Appeals act upon applications for
special exception use permits within specified time periods, this local law suspends and stays the
running of time periods for processing, reviewing, holding hearings on and making decisions on such
applications provided for in those laws and is intended to supercede and said inconsistent authority.
Section 6. APPEAL PROCEDURES
a. The Town Board shall have the authority to vary or waive the application of any
provision of this Local Law, in its legislative discretion, upon its determination, that such variance or
waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such
request, the Town Board must find that a variance or waiver will not adversely affect the purpose of
this local law, the health, safety or welfare of the Town of $outhold or any comprehensive planning
being undertaken in the Town. The Town Board shall take into account the existing land use in the
immediate vicinity of the property and the impact of the variance or waiver on the water supply,
agricultural lands, open and recreational space, rural character, natural resources, and transportation
infrastructure of the Town. The application must comply with all other applicable provisions of the
Southold Town Code.
b. Any request for a variance or waiver shall be filed with the Town Clerk and shall
include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with
copies of such plat showing all required improvements in accordance with the procedures of §Al 06-25
, § A106-27 and Articles III and IV of Chapter Al06 of the Southold Town Code.
c. All such applications shall, within five (5) days be referred to the Planning Board,
which shall have thirty (30) days following receipt to make a recommendation to approve or
disapprove a variance or waiver of this Local Law. The application and recommendation shall be
transmitted to the Town Board which may conduct a public hearing and make a final decision on the
application, with or without conditions. Final approval is reserved to the absolute legislative discretion
of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect on August 5, 2004 after filing with the Secretary of State. The
exclusions set forth in Section 4, (10) and (11), shall not be effective until after the adoption of
proposed Local Law number 18 of 2004 relating to Subdivision of Land.
COUNCILMAN ROSS: Move the resolution as it was published, the amendments have been defeated.
COUNCILMAN ROMANELLI: Let's just go, a deadlock is not going to do us any good.
SUPERVISOR HORTON: Call the roll.
COUNCIMAN ROSS: Just clarify that we are voting on the law, as it was published. Six months with
all the exclusions.
SUPERVISOR HORTON: Please call the roll.
COUNCILMAN EDWARDS: ! would have preferred three months but ! will vote yes.
COUNCILMAN ROSS: Yes.
COUNCILMAN WICKHAM: No, ! believe six months is excessive.
July 27, 2004
Southold Town Board Regular Meeting
69
COUNCILMAN ROMANELLI: ! am going to vote yes to move this off the deadlock and move us on.
JUSTICE EVANS: No.
SUPERVISOR HORTON: And ! am going to vote yes, though ! do feel strongly that and quite
frankly, the exception number 10, ! believe, the one that referred to AHD was something myself and
Councilman Romanelli proposed and it had support from the Planning Department, yet after hearing
this evening's testimony as well as giving very strong weight to our hamlet planning initiative, that
those should be, AHD applications, should not be advanced prior to the completion of the hamlet
planning initiative and ! think that we can make that very clear and deal with that if and when it comes
up and ! think there is agreement on the Board to deal with that. So, in agreeing with Councilman
Romanelli to move this along, I, too will vote yes.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Romanelli,
Supervisor Horton. No: Councilman Wickham, Justice Evans.
This resolution was declared duly ADOPTED.
Moved by Councilman Wickham, seconded by Councilman Edwards, it was
RESOLVED that the Town Board resume public hearings on the matters of {3.) HEARING ON "A
LOCAL LAW IN RELATION TO THE TOWN OF SOUTHOLD LOCAL WATERFRONT
REVITALIZATION PROGRAM CONSISTENCY REVIEW." AND (4.) HEARING ON "A
LOCAL LAW IN RELATION TO PARKING AT THE ROAD END AREA ON DUCK POND
ROAD."
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
Meeting resumed at
#592
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 27th day of July, 2004 a Local Law entitled "A Local Law in relation to Amendments
to Chapter Al08 of the Code of the Town of Southold pertainine[ to Hi;~hwa¥ Specifications", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were heard, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
A Local Law entitled "A Local Law in relation to Amendments to Chapter Al08 of the Code of
the Town of Southold pertaining to Highway Specifications" reads as follows:
LOCAL LAW NO. 14 of 2004
A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold
pertaining to Highway Specifications.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose. In order to ensure the safety, structural integrity, freedom from hazardous materials
and proper maintenance of the Town's highways, it is necessary to implement certain amendments to
the Town Highway Specifications.
II. Code Amendment. Chapter Al08 of the Code of the Town of Southold is hereby amended as
follows:
§ Al08-15. Construction Specifications.
July 27, 2004
Southold Town Board Regular Meeting
70
The specifications set forth in the following chart shall apply to all constructed roadways after
April 20, 1993'
A. Specifications.
Number of Lots
Serviced by Road
Zoning District
Minimum Right-
of-Way Width Road Width
(feet) (feet)
5 and over
§ A108-21.
A.
A-C, R-40, R-80, 50 g4
R-120, AHD and HD ,T~ ..... ;.~ x~ ~ ~ '~',
28
(Drawing No. 15-1)
or
24
(Drawing No. 15-2)
Base course for asphalt pavement.
The base course shall consist of three-fourths-inch stone blend or crushed concrete
compacted to a four-inch depth. Crushed concrete shall be a clean Recycled Concrete
Aggregate material that is free of hazardous or regulated waste product. Any material deemed
to be Construction and Demolition (C&D) debris by the Town's Inspector shall be rejected.
All rejected C&D debris material shall be removed from the site at the Contractor's expense. If
clay or other unsuitable material is found below the base course, it shall be removed and
replaced with twelve inches (12) of compacted bank run containing fifteen percent (15%) or
more of gravel. The twelve-inch replacement depth may be modified according to existing
conditions as approved by the Engineer.
Town of Southold Depaament of Highways Standard Drawing Number 15-1, Standard Asphalt
Roadway, is deleted and replaced with the attached Drawing Number 15-1.
Town of Southold Depaament of Highways Standard Drawing Number 15-2, Standard Asphalt
Roadway, is deleted and replaced with the attached Drawing Number 15-2.
Town of Southold Depaament of Highways Standard Drawing Number 39-1, Standard Granite
Curb Details, is deleted.
iii. SErViLiTY
if any clause, sentence, paragraph, section, or paa of this Local Law shall be adjudged by any coua of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or
any paa thereof other than the paa so decided to be unconstitutional or invalid.
iV. EFFECTi~ DATE
This local law shall take effect immediately upon its filing in the office of the Secreta~ of State in
accordance with Section 27 of the Municipal Home Rule Law.
July 27, 2004
Southold Town Board Regular Meeting
72
SUPERVISOR HORTON: ! am going to vote no. ! am voting no because ! agree with the comments
and ! made this clear to the Planning Board that ! feel the granite curbing should be an option through
proper review of the Superintendent of Highways and the Planning Board. That is my reason for
voting no. That is not a vote against the Superintendent of Highways, who ! think is doing a great job
and who had the best interests of the Town in mind in this. ! just have a slight difference of opinion.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans. No: Supervisor Horton.
This resolution was duly ADOPTED.
July 27, 2004
Southold Town Board Regular Meeting
73
#594
Moved by Councilman Romanelli, seconded by Councilman Wickham,
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 27th day of July, 2004 a Local Law entitled "A Local Law in relation to the Town of
Southold Local Waterfront Revitalization Program Consistency Review", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were heard, now therefor be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
A Local Law entitled "A Local Law in relation to the Town of Southold Local Waterfront
Revitalization Program Consistency Review" reads as follows:
LOCAL LAW NO. 16 2004
A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program
Consistency Review.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
GENERAL PROVISIONS
I. Title.
This Local law will be known as the Town of Southold Local Waterfront Revitalization Program
(LWRP) Consistency Review Law.
II. Authority and Purpose.
A. This local law is adopted under the authority of the Municipal Home Rule Law and the
Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York
(Article 42 of the Executive Law).
B. The purpose of this local law is to provide a framework for agencies of the Town of Southold
to incorporate the policies and purposes contained in the Town of Southold Local Waterfront
Revitalization Program (LWRP) when reviewing applications for actions or direct agency actions
within the coastal area; and to assure that such actions and direct actions by the Town are consistent
with the LWRP policies and purposes.
C. It is the intention of the Town of Southold that the preservation, enhancement and utilization of
the unique coastal area of the Town take place in a coordinated and comprehensive manner to ensure a
proper balance between protection of natural resources and the need to accommodate limited
population growth and economic development. Accordingly, this local law is intended to achieve such
a balance, permitting the beneficial use of coastal resources while preventing loss and degradation of
living coastal resources and wildlife; diminution of open space areas or public access to the waterfront;
disruption of natural coastal processes; impairment of scenic, cultural or historical resources; losses
due to flooding, erosion and sedimentation; impairment of water quality; or permanent adverse
changes to ecological systems.
D. The substantive provisions of this local law shall only apply while there is in existence a Town
of Southold Local Waterfront Revitalization Program which has been adopted in accordance with
Article 42 of the Executive Law of the State of New York.
III. Definitions.
A. "Actions" include all the following, except minor actions:
(1) projects or physical activities, such as construction or any other activities that may
affect natural, manmade or other resources in the coastal area or the environment by
changing the use, appearance or condition of any resource or structure, that:
(i) are directly undertaken by an agency; or
July 27, 2004
Southold Town Board Regular Meeting
74
(ii) involve funding by an agency; or
(iii) require one or more new or modified approvals, permits, or review
from an agency or agencies;
(2) agency planning and policymaking activities that may affect the
Environment and commit the agency to a definite course of future decisions;
(3) adoption of agency rules, regulations and procedures, including local laws,
codes, ordinances, executive orders and resolutions that may affect coastal
resources or the environment; and
(4) any combination of the above.
B. "Agency" means any board, agency, department, office, other body, or officer of the Town of
Southold.
C. "Coastal area" means that portion of New York State coastal waters and adjacent shorelands as
defined in Article 42 of the Executive Law which is located within the boundaries of the Town of
Southold, as shown on the coastal area map on file in the office of the Secretary of State and as
delineated in the Town of Southold Local Waterfront Revitalization Program (LWRP). In Southold
this area is inclusive of the entire town.
D. "Coastal Assessment Form (CAF)" means the form used by an agency to assist in determining
the consistency of an action with the Local Waterfront Revitalization Program.
E. "Consistent" means that the action will fully comply with the LWRP policy standards,
conditions and objectives and, whenever practicable, will advance one or more of them.
F. "Direct Actions" mean actions planned and proposed for implementation by an agency, such as,
but not limited to a capital project, rule making, procedure making and policymaking.
G. "Environment" means all conditions, circumstances and influences surrounding and affecting
the development of living organisms or other resources in the coastal area.
H. "Local Waterfront Revitalization Program" or "LWRP" means the Local Waterfront
Revitalization Program of the Town of Southold, approved by the Secretary of State pursuant to the
Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42), a
copy of which is on file in the Office of the Clerk of the Town of Southold.
I. "Minor actions" include the following actions, which are not subject to review under this
chapter:
(2)
(3)
(4)
(6)
maintenance or repair involving no substantial changes in an existing
structure or facility;
replacement, rehabilitation or reconstruction of a structure or facility, in
kind, on the same site, including upgrading buildings to meet building or
fire codes, except for structures in areas designated by the Coastal Erosion
Hazard Area (CEHA) law where structures may not be replaced,
rehabilitated or reconstructed without a permit;
repaving or widening of existing paved highways not involving the
addition of new travel lanes;
street openings and right-of-way openings for the purpose of repair or
maintenance of existing utility facilities;
maintenance of existing landscaping or natural growth, except where
threatened or endangered species of plants or animals are affected, or
within Significant Coastal Fish and Wildlife Habitat areas;
granting of individual setback and lot line variances, except in relation to a
regulated natural feature or a bulkhead or other shoreline defense structure
July 27, 2004
Southold Town Board Regular Meeting
75
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(is)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
or any activity within the CEHA;
minor temporary uses of land having negligible or no permanent impact
on coastal resources or the environment;
installation of traffic control devices on existing streets, roads and
highways;
mapping of existing roads, streets, highways, natural resources, land uses
and ownership patterns;
information collection including basic data collection and research, water
quality and pollution studies, traffic counts, engineering studies, surveys,
subsurface investigations and soils studies that do not commit the agency
to undertake, fund or approve any action;
official acts of a ministerial nature involving no exercise of discretion,
Including building where issuance is predicated solely on the applicant's
compliance or noncompliance with the relevant local building code;
routine or continuing agency administration and management, not
including new programs or major reordering of priorities that may affect
the environment;
conducting concurrent environmental, engineering, economic, feasibility
and other studies and preliminary planning and budgetary processes
necessary to the formulation of a proposal for action, provided those
activities do not commit the agency to commence, engage in or approve
such action;
collective bargaining activities;
investments by or on behalf of agencies or pension or retirement systems,
or refinancing existing debt;
inspections and licensing activities relating to the qualifications of
individuals or businesses to engage in their business or profession;
purchase or sale of furnishings, equipment or supplies, including surplus
government property, other than the following: land, radioactive material,
pesticides, herbicides, storage of road de-icing substances, or other
hazardous materials;
adoption of regulations, policies, procedures and local legislative decisions
in connection with any action on this list;
engaging in review of any part of an application to determine compliance
With technical requirements, provided that no such determination entitles
or permits the project sponsor to commence the action unless and until all
requirements of this Part have been fulfilled;
civil or criminal enforcement proceedings, whether administrative or
judicial, including a particular course of action specifically required to be
undertaken pursuant to a judgment or order, or the exercise of
prosecutorial discretion;
adoption of a moratorium on land development or construction;
interpreting an existing code, rule or regulation;
designation of local landmarks or their inclusion within historic districts;
emergency actions that are immediately necessary on a limited and
temporary basis for the protection or preservation of life, health, property
July 27, 2004
Southold Town Board Regular Meeting
76
or natural resources, provided that such actions are directly related to the
emergency and are performed to cause the least change or disturbance,
practicable under the circumstances, to coastal resources or the
environment. Any decision to fund, approve or directly undertake other
activities after the emergency has expired is fully subject to the review
procedures of this Part;
(25) local legislative decisions such as rezoning where the Town Board
determines the action will not be approved.
IV. Management and Coordination of the LWRP
A. The Town Board shall be responsible for overall management and coordination of the LWRP.
In performing this task the Town Board or designated staff person shall:
(1) Inform the Town Board, Town Trustees and other Town agencies or
boards on implementation, priorities, work assignments, timetables, and
budgetary requirements of the LWRP.
(2)Make applications for funding from State, Federal, or other sources to
finance projects under the LWRP.
(3) Coordinate and oversee liaison between Town agencies and departments,
including but not limited to the Town Board, Town Trustees, Planning
Board, Zoning Board of Appeals, Planning Staff, Police Department,
Highway Superintendent and Engineering Departments of the Town, and
with other non-governmental bodies, to further implementation of the
LWRP.
(4)Prepare an annual report on progress achieved and problems encountered
in implementing the LWRP, and recommend actions necessary for further
implementation to the appropriate Town agency or the Town Board.
5) Perform other functions regarding the coastal area and direct such actions
or projects as are necessary, or as the Town Board may deem appropriate,
to implement the LWRP.
B. In order to foster a strong relationship and maintain an active liaison among the Town agencies
responsible for implementation of the LWRP, the Town Board shall convene at least quarterly a Town
LWRP coordinating council, including but not limited to representatives of the Town Board, Town
Trustees, Planning Board, Zoning Board of Appeals, Highway Department, Police Department,
Engineering Department, Planning Director and such other Town departments or individuals charged
with LWRP implementation as may be designated.
V. Review of Actions.
A. Whenever a proposed action is located within the Town's coastal area, each agency shall, prior
to approving, funding or undertaking the action, make a determination that it is consistent with the
LWRP policy standards summarized in Section I herein. No action in the coastal area shall be
approved, funded or undertaken by an agency without such a determination.
B. The Town Board shall designate a staff person to be the "LWRP Coordinator" who shall be
responsible for coordinating review of actions in the Town's coastal area for consistency with the
LWRP, and will advise, assist and make consistency recommendations for other Town agencies in the
implementation of the LWRP, its policies and projects, including physical, legislative, regulatory,
administrative and other actions included in the program. The LWRP Coordinator will also coordinate
with NYS DOS regarding consistency review for actions by State or Federal agencies.
July 27, 2004 77
Southold Town Board Regular Meeting
C. Whenever an agency within Southold receives an application for approval or funding of an
action, or as early as possible in the agency's formulation of a direct action to be located in the coastal
area, the applicant, or in the case of a direct action, the agency, shall prepare a Coastal Assessment
Form (CAF) to assist with the consistency review. The agency shall refer a copy of the completed
CAF to the LWRP Coordinator within ten (10) days of its submission and prior to making its
determination, shall consider the recommendation of the Coordinator with reference to the consistency
of the proposed action.
D. After referral from an agency, the LWRP Coordinator shall consider whether the proposed
action is consistent with the LWRP policy standards and conditions set forth in Section ! herein. The
LWRP Coordinator shall require the applicant to submit all completed applications, CAFs, and any
other information deemed necessary to its consistency recommendation.
The LWRP Coordinator shall render its written recommendation to the agency within thirty
(30) days following referral of the CAF from the agency, unless extended by mutual agreement of the
Coordinator and the applicant or in the case of a direct action, the agency. The LWRP Coordinator's
recommendation shall indicate whether the proposed action is consistent with or inconsistent with one
or more of the LWRP policy standards and objectives and shall elaborate in writing the basis for its
opinion. The LWRP Coordinator shall, along with a consistency recommendation, make any
suggestions to the agency concerning modification of the proposed action, including the imposition of
conditions, to make it consistent with LWRP policy standards and objectives or to greater advance
them.
E. If an action requires approval of more than one agency, decision making will be coordinated
between agencies to determine which agency will conduct the final consistency review, and that
agency will thereafter act as designated consistency review agency. Only one CAF per action will be
prepared. If the agencies cannot agree, the LWRP Coordinator shall designate the consistency review
agency.
F. Upon recommendation of LWRP Coordinator, the designated agency shall consider whether
the proposed action is consistent with the LWRP policy standards summarized in Section ! herein.
Prior to making its determination of consistency, the designated agency shall consider the consistency
recommendation of the LWRP Coordinator. The agency shall render a written determination of
consistency based on the CAF, the LWRP Coordinator recommendation and such other information as
is deemed necessary to its determination. No approval or decision shall be rendered for an action in
the coastal area without a determination of consistency. The designated agency will make the final
determination of consistency.
The Zoning Board of Appeals is the designated agency for the determination of consistency for
variance applications subject to this law. The Zoning Board of Appeals shall consider the written
consistency recommendation of the LWRP Coordinator in the event and at the time it makes a decision
to grant such a variance and shall impose appropriate conditions on the variance to make the activity
consistent with the objectives of this law.
G. Where an ElS is being prepared or required, the draft ElS must identify applicable LWRP
policies and standards and include a discussion of the effects of the proposed action on such policy
standards. No agency may make a final decision on an action that has been the subject of a draft ElS
and is located in the coastal area until the agency has made a written finding regarding the consistency
of the action with the local policy standards referred to in Section ! herein.
H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the
LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in
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Southold Town Board Regular Meeting
writing the basis for its disagreement with the recommendation and state the manner and extent to
which the action is consistent with the LWRP policy standards.
I. Actions to be undertaken within the coastal area shall be evaluated for consistency in
accordance with the following summary of LWRP policies, which are derived from and further
explained and described in the Town of Southold LWRP, a copy of which is on file in the Town
Clerk's office and available for inspection during normal business hours. Agencies that undertake
direct actions shall also consult with Section V, in making their consistency determination. The action
shall be consistent with the policies to:
Policy 1 Foster a pattern of development in the Town of Southold that enhances
community character, preserves open space, makes efficient use of
infrastructure, makes beneficial use of a coastal location, and minimizes
adverse effects of development.
Policy 2 Preserve historic resources of the Town of Southold.
Policy 3 Enhance visual quality and protect scenic resources throughout the Town
of Southold.
Policy 4 Minimize the loss of life, structures, and natural resources from flooding
and erosion.
Policy 5 Protect and improve water quality and supply in the Town of Southold.
Policy 6 Protect and restore the quality and function of the Town of Southold
ecosystem.
Policy 7 Protect and improve air quality in the Town of Southold.
Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and
hazardous substances and wastes.
Public Coast Policies
Policy 9 Provide for public access to, and recreational use of, coastal waters, public
lands, and public resources of the Town of Southold.
Working Coast Policies
Policy 10 Protect the Town of Southold' s water-dependent uses and promote siting
of new water-dependent uses in suitable locations.
Policy 11 Promote sustainable use of living marine resources in the Town of
Southold.
Policy 12 Protect agricultural lands in the Town of Southold.
Policy 13 Promote appropriate use and development of energy and mineral
resources.
J. Each agency shall maintain a file for each action made the subject of a consistency
determination, including any recommendations received from the LWRP Coordinator. Such files shall
be made available for public inspection upon request.
VI. Enforcement.
The Town Building Inspectors, Town Attorney, Code Enforcement Officers and Police
Department/Bay Constables shall be responsible for enforcing this Chapter. No action within Southold
coastal area which is subject to review under this Chapter shall proceed until a written determination
has been issued from the designated agency that the action is consistent with the Town's LWRP policy
standards. In the event that an activity is being performed in violation of this Chapter or any
conditions imposed thereunder, the Building Inspector or any other authorized official of the Town
shall issue a stop work order and all work shall immediately cease. No further work or activity shall be
undertaken on the project so long as a stop work order is in effect.
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79
VII. Violations.
A. A person who violates any of the provisions of, or who fails to comply with any condition
imposed by, this Chapter shall have committed a violation, punishable by a fine not exceeding two
hundred and fifty dollars ($250.00) for a conviction of a first offense and punishable by a fine of two
thousand dollars ($2000.00) for a conviction of a second or subsequent offense. For the purpose of
conferring jurisdiction upon courts and judicial officers, each week of continuing violation shall
constitute a separate additional violation.
B. The Town Attorney is authorized and directed to institute any and all actions and proceedings
necessary to enforce this local law. Any civil penalty shall be in addition to and not in lieu of any
criminal prosecution and penalty.
VIII. Severability.
The provisions of this local law are severable. If any provision of this local law is found invalid, such
finding shall not affect the validity of this local law as a whole or any part or provision hereof other
than the provision so found to be invalid.
IX. Effective Date.
This local law shall take effect immediately upon its filing in the office of the Secretary of State in
accordance with Section 27 of the Municipal Home Rule Law.
SUPERVISOR HORTON: I will vote yes and I also want to congratulate the Board for moving this
piece of legislation forward and working so hard on the LWRP. I think it is understated, the value of
that document to the community and it has been a work in progress for 17 years but probably
languished for about a decade and this Town Board picked it up and moved it forward.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: I think that to the extent that we can change this, so that it is not a
substantial change to what has been published and what we can legally enact. I spoke about this with
our Assistant Town Attorney, which nobody has noticed but has actually been here in the back of the
room for the entire evening, Kieran, thank you for being here, I would like to suggest to the Board that
the restrictive parking or no parking between the evening hours of 10:00 P.M. and 7:00 A.M. be added
to this. And I think that this is a change that we can make within our jurisdiction.
TOWN ATTORNEY FINNEGAN: 10:00 P.M. to 6:00 A.M. is already in the code.
SUPERVISOR HORTON: Let's mirror what is in the code.
COUNCILMAN WICKHAM: If we adopt this tonight, it comes with a restriction that there is no
parking after 10:00 P.M.? Between 10:00P.M. and 6:00 A.M.?
TOWN ATTORNEY FINNEGAN: Currently in the code, there is no parking between 10:00 P.M. and
10:00 A.M. on one side and 10:00 P.M. and 6:00 A.M. on the other side. If you don't adopt that
Roman numeral III of the code amendment, then it will stay in the code.
ASSISTANT TOWN ATTORNEY CORCORAN: Exactly. Just adopt the first part and don't adopt
the second part.
SUPERVISOR HORTON: Okay, then that is what I would like to recommend.
COUNCILMAN WICKHAM: Okay, but I also heard other concerns. Including, is 500 feet enough?
And I am not sure it is. And I am also not sure that we should allow parking on both sides. Maybe we
should ban parking entirely on one side.
SUPERVISOR HORTON: Then, I think as an interim measure, we should take that up, I think what
we should do is get the recommendation from the Highway Superintendent and the Chief of Police, I
July 27, 2004 80
Southold Town Board Regular Meeting
think we should adopt this with the added amendments revisit it in the near future to strengthen it, in
the fashion that you just mentioned.
COUNCILMAN ROMANELLI: I would go along with that, Josh.
TOWN ATTORNEY FINNEGAN: So, the only changes that you would make tonight would be to
adopt Roman numeral II, which would make it parking by Town permit only. Which it is not,
currently.
SUPERVISOR HORTON: That is correct. That would be in addition to the current code. Is that
understood by the Board? I think that is a responsible action to take.
COUNCILMAN ROMANELLI: Right. And I will just say that I heard a lot of comments from most
of the neighbors here tonight that, I didn't realize it was at the extent that it is until you all vocalized
here tonight. So, I think we are all committed to try to do the right thing at that beach. If it doesn't
work, you are going to need to come back and let us know again.
SUPERVISOR HORTON: I know several of them will be in touch with me and have been.
COUNCILMAN WICKHAM: So what is the ....
SUPERVISOR HORTON: The resolution will be to adopt the change, the amendment made to 65-2B,
Duck Pond Road, Long Island Sound. Parking by Southold Town Permit only.
#595
Moved by Justice Evans, seconded by Councilman Romanelli,
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New
York, on the 27th day of July, 2004 a Local Law entitled "A Local Law in relation to Parkin~ at the
Road End Area on Duck Pond Road", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law at which time all interested persons were heard, now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
A Local Law entitled "A Local Law in relation to Parking at the Road End Area on Duck Pond
Road" reads as follows:
LOCAL LAW NO. 17 of 2004
A Local Law entitled, "A Local Law in relation to Parking at the Road End Area on Duck Pond
Road".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to restrict and regulate the use of the road end area of Duck Pond
Road in Cutchogue, the use of which has become overcrowded by the parking of vehicles of
nonresidents of Southold Town, consistent with the policy of Chapter 65 of the Town of Southold
Town Code regulating Parking at Beaches it is necessary to limit parking in this area to parking by
Southold Town Permit Only. Accordingly, to effectuate that change, Chapter 92 of the Town Code
shall also be amended.
II. Code Amendment.
Chapter 65 of the Code of the Town of Southold is hereby amended as follows:
§ 65-2. Designation of parking areas requiring permits.
B. The following road end areas are hereby designated as Town of Southold "Parking by Southold
Town Permit Only" areas:
Duck Pond Road, Long Island Sound, Cutchogue, along both sides from the guardrail at the northerly
terminus southerly for a distance of 500 feet.
III. SEVERABILITY
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81
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
SUPERVISOR HORTON: Yes, with the added commitment of pursuing Councilman Wickham's
recommendations and the overall enforcement, increasing enforcement and presence in that
community at that specific site.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes our resolutions. We do open the floor to the general public,
to address the Board on town related issues. Yes, Ms. Tole.
CATHY TOLE: Has anything been discussed about releasing a general outline of the direction this
Board is taking towards its ultimate goal at the end of the moratorium and the restructuring of our local
code?
SUPERVISOR HORTON: Since ....
COUNCILMAN WICKHAM: What was the question?
MS. TOLE: Has there been any discussion on this Board, related to my request that a general outline
of your intentions on restructuring the Town Code, the future of this moratorium or what is going to
result from this moratorium be put together and released to us before the legislation is put out to public
notice and all that?
SUPERVISOR HORTON: The bulk of our work session discussions has been centered around the
detail and the complexities of the subdivision code itself. And that is what the Board has been focused
on with the Planning Board and with the Planning Department and that is truly occupied the bulk of
our time.
MS. TOLE: Then may ! make a suggestion, that somewhere, perhaps somebody might have time to
sketch out on one piece of paper an outline, pass it to the next person who might, the next day, add
their impressions on to it and somehow, through a round-robin even, rather than a major meeting, get
information that can be promulgated to the public and let us know where you are heading? It has been
a repeated question, for a couple of months now, and repeatedly ignored. And that has been an issue
that a lot of people have had with this Board, is that requests for information are ignored. So, ! will ask
again, is there any chance that you will be discussing this in the very near future and beginning the
process of letting us know, in some structure or some form, what your general ideas are?
COUNCILMAN WICKHAM: ! don't think it is the general ideas that you are interested in.
MS. TOLE: Yes, it is.
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COUNCILMAN WICKHAM: I think it is the specific ideas that I heard tonight, that people are
interested in. The numbers, the quantification, the specifics of where we are going, in terms of general
that is sort of easy for us to talk about. When it gets down to the specifics, that is quite a bit of
difference among people.
MS. TOLE: ! am not asking square footage, Tom, ! want to know what you see as a schedule of
developing your legislation? ! have discussed that in the past, what is your schedule on developing it?
COUNCILMAN WICKHAM: That we could do.
MS. TOLE: When do you see things happening and generally what will happen on those days? We are
going to enact a code on this, that or the other thing?
SUPERVISOR HORTON: The most recent discussion at the ...... what we have been trying to ..... and
as a point of reference, the hamlet based, ! will summarize briefly discussion that we had at the work
session today, which was after we spent quite a bit of time on the subdivision code. And many of the
items that the Town Board intends to focus on once we accomplish the subdivision code, that is a
major undertaking in and of itself, is completing the LWRP, is pursuing the hamlet planning initiative;
which was one of the strongest recommendations that came out of the DGEIS and we have been
looking to the DGEIS as basically what it was intended to do. Provide those recommendations and
now we are working towards trying to implement them. So those two items that ! mentioned right
there. The HALO zones, the hamlet growth or hamlet planning initiative, the LWRP which was also a
recommendation of the ElS, an RID is something that the Board will be taking up upon completion of
the subdivision code. The discussion about a form of a TDR program will be something that the
Board ....
MS. TOLE: Great. This is what I .....
SUPERVISOR HORTON: Let me ....
MS. TOLE: This is what ! expected and no, ! am not asking you to...
SUPERVISOR HORTON: Let me finish it then.
MS. TOLE: ! am not asking you to do a little list verbally for me, you have a plan and ! said this all
along, that you are bright people and you have an idea and a direction and you know what you are
going to be tackling next. And ! would guess that somewhere you have got kind of an outline and a
plan. All ! am asking is that the outline and the plan be either put out to the press or put on your
website, so that we may actually see it and we can actually say, 'gee, ! got an idea on that' and that is
coming up on the agenda, on their timeline, let me contact my elected officials with my ideas before it
goes to press, as a code.
SUPERVISOR HORTON: Certainly and your points are well taken and in the past weeks, I have
been focused on the subdivision code and then some other personal items, not particularly focused on
the big picture ....
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Southold Town Board Regular Meeting
MS. TOLE: Delegate.
83
SUPERVISOR HORTON: Oh, ! delegate, Cathy. You had better believe ! delegate and do a good job
of it, quite frankly. The Board should spend some time and do, along your recommendation, a better
job of sketching out the work that we plan to take in the months to come. Fair enough.
MS. TOLE: Sure, because nobody out here believes that it is willy-nilly. You know, we don't think
that you are careless ....
SUPERVISOR HORTON: Nothing is willy-nilly.
MS. TOLE: We don't think that you are careless about your approach. We just think that we are in
the dark about your approach.
COUNCILMAN WICKHAM: But neither is there a grand plan ....
SUPERVISOR HORTON: But the Town Board has been very, very clear .....
MS. TOLE: You know what codes you want to deal with, so ! think in that sense there is a grand plan
and the specifics will be developed later.
SUPERVISOR HORTON: In fairness to the Town Board but also, heeding and understanding your
request, the Town Board, has, at several work sessions put forward on the table and had discussion
among all six members, with all six members present, about those items. Whether or not the press has
picked up on them adequately or whether we have delivered it to the press adequately, that is certainly
something that may be a flaw or a gap in the communication.
MS. TOLE: And I am somebody who does not believe that is the press's function to put out your
information, either. It is not their obligation, ! don't want to put that upon them. ! am asking that it be
put out in a way, whether it be in the town newsletters and or the website, very simply put out an
outline of your projected timeline and what you are hoping to accomplish and ! don't want to
(inaudible) at this point, ! want to know that you are going to do a code or you are not going to do a
code on something or if ! think there is something that needs to be addressed that you missed, ! am
going to say, 'let me let them know to schedule that in there.' Thank you.
SUPERVISOR HORTON: Thanks, Cathy. Mrs. Wolf.
DOROTHY WOLF: My foot fell asleep.
SUPERVISOR HORTON: But your mind didn't and that is the most important thing about this entire
meeting.
MS. WOLF: What would ! do without the North Fork Animal League? Just one very quick question,
May 18 Board meeting, you said that one of the things you were going to do right away was to put in
to effect an oversight committee. June 15th, yOU said you were going to put into effect an oversight
committee.
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SUPERVISOR HORTON: ! haven't .....
MS. WOLF: I know, you haven't and I was just wondering .....
SUPERVISOR HORTON: Excuse me.
MS. WOLF: .... when are we going to see it?
SUPERVISOR HORTON: ! haven't garnered the support, the four vote support on the Board to do
that and if we can come to consensus on that and content of it, it will be done. But ! think the Board
has been largely focused on trying to get a Shelter built and that is really where the Board has been
focused.
MS. WOLF: ! think if that is the case, ! think the Board is extremely derelict, what we have been
asking for and what you seem to indicate that you would be willing to do, was to give this Town an
unbiased, open oversight committee to let us know what is happening to the enormous amounts of
money that is simply disappearing. There is no accounting, there are no minutes, there are no treasurers
reports, there is absolutely no way of knowing what is going on and ! thought that we had convinced
you that it was essential there be an oversight committee. But there has to be something going on, that
is a mystery to us, as to why it hasn't happened yet. And ! said once before and ! will say it again, this
thing is going to bite you guys in the rear-end.
SUPERVISOR HORTON: ! will put it to the ....
MS. WOLF: Because there is pretty serious stuff going on out there.
SUPERVISOR HORTON: ! will put it to the liaisons of that area again, to, for consideration.
MS. WOLF: Thank you.
SUPERVISOR HORTON: Thanks. Mr. Carlin.
MR. CARL1N: ! don't like a microphone too close. Makes me nervous. (tape change) Good
evening, Frank Carlin, Southold Town, ! was going to say Board, Laurel. You are not smiling, Josh.
SUPERVISOR HORTON: ! am smiling inside.
MR. CARL1N: Now, Josh, ! don't want to chew on the meat here but you know .....
SUPERVISOR HORTON: ! would like to go chew on some meat.
MR. CARL1N: So would I, at McDonalds.
SUPERVISOR HORTON: McDonalds, ! will tell you what, ! will take you to the .....
MR. CARL1N: ! will take you down there, have you ever been in the McDonalds?
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85
SUPERVISOR HORTON: You know, do you want to know something? ! haven't been in a
McDonalds since ! was 13 years old. In any one, anywhere in the nation or the world.
MR. CARL1N: Try it, you might like it. It ain't bad. I am still alive.
SUPERVISOR HORTON: You look good.
MR. CARL1N: Anyway. ! have to agree with Dorothy Wolf here. This is one of my questions about
the oversight committee, ! don't want to again, like ! said, but you know, it is a very important
committee. Because it involves a lot of the taxpayers money, Josh, it involves the taxpayers $165,000
that we supplied for the budget plus this year we added, the Town did, to pay for the utilities and the
maintenance which is more money that the taxpayers are going to be paying for plus when we build the
Animal Shelter, whether it ever gets built ....
SUPERVISOR HORTON: It will be built.
MR. CARL1N: .... the $2,000, the $2,000 boy what a dream, the $2,000,000 that may be or more,
along with Mr. Raynors $250,000 should be monitored when it gets built to see how the new Animal
Shelter is being maintained and operated. It is as simple as that. It is no big deal. It is the taxpayers
money involved, who would also be paying for the building of the Shelter on a bond issue. It is as
simple as that, you don't have to be no rocket scientist to figure this one out. Why we are hesitating, it
takes one decision, one vote, ! know you are moving around in your chair, there, to decide on this
thing. It is not a big deal. To let the people know how, when you own, when somebody owns stock in
a company, let me give you an example, when somebody owns stock in a company, what do they do?
They have an interest in how much money the stock is making, is it up or down? Or what? Whatever.
This is the way it should be treated at the Animal Shelter. To an oversight committee. People who
know what they are doing. It is as simple as that. Why are we hesitating for? Why can't we get along
with this and do it? It is a lot of money here invested and the taxpayers money, as far as the budget
goes, now we are paying for the utilities, like ! said and the maintenance, which we never paid for
before. ! don't understand that. Now, ! have two more questions and then ! am going to go on to
something else. Because ! get behind on all of this stuff when ! don't come to Board meetings. Mr.
Wickham, ! understand that you have the new plans, right?
COUNCILMAN WICKHAM: For the Animal Shelter? At a previous Town Board meeting, the Town
Engineer presented a plan that he and the architect worked on jointly. It was a presentation to the Town
Board, the Town understood it and asked a few questions and what not. We are now waiting for the
final documentation and the final, all the aspects of the preliminary plan, from the architect.
MR. CARL1N: I thought you said in last week's paper, I think it was Suffolk Times, that you had the
plans and your next step was to let the League review them? And then go to the architect.
COUNCILMAN WICKHAM: I have asked for the League to review the plans, I have asked for the
Raynor Foundation to review the plans, ! have asked for the Town Board, first, to review the plans.
The League would prefer to get the final plans from the architect and in retrospect, ! think that is
actually a good decision and ! think the Town Board also, needs to see exactly what the architect has
July 27, 2004
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86
proposed and why. And all, he has got a detailed description and a detailed report outlining all of the
facets of that plan. I expect it will be on our agenda at the next meeting.
MR. CARL1N: Well, doesn't the, who is designing the plan? Isn't it part of the Town Engineer's job?
COUNCILMAN WICKHAM: The Town Board adopted a resolution, the resolution said, we are
asking the architect and the Town Engineer to get together and come up with one plan. They did that.
We had a preview of what that plan is from the Town Engineer, now we are just awaiting the final
documentation and all of the I's dotted and t's crossed from the architect.
MR. CARL1N: In other words, the League didn't review the plan yet?
COUNCILMAN WICKHAM: They have not reviewed, I don't think they have reviewed the plan yet.
I am not sure because I haven't spoken to the League about it. But the last time that I spoke to them,
they said that they wanted to get the final plan from the architect, before we engage in further
discussions.
MR. CARL1N: Oh, there is a lot of slipping gears here, I tell you. A lot of slipping gears here. Boy,
oh boy. (Inaudible) Third question on this, I don't think you will be able to answer this. On the
$250,000 that Mr. Raynor donated in 2001, which is over three years ago, which is being held in the
custodian agency account, I believe, to this day, after three years, can anybody on the Board tell me
how much interest we collected on that money?
SUPERVISOR HORTON: I can find out for you very shortly.
MR. CARL1N: I asked you about that two months ago but you still can't answer that, right?
SUPERVISOR HORTON: Frank, cause the interest has changed since then.
MR. CARL1N: Yeah but you know, $250,000 after three years is a lot of money.
SUPERVISOR HORTON: Frank, call John Cushman at the Accounting Department. We can find out
very easily.
MR. CARL1N: I did. He never told me.
SUPERVISOR HORTON: We can find out very easily.
MR. CARL1N: He never told me.
SUPERVISOR HORTON: Alright. We will try to find out.
MR. CARL1N: Please try and find out because $250,000 in three years can collect a little bit of
interest there. Okay, I understand you are getting a K-9 system here in this Town, right? Police. Very
good. A long time overdue.
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SUPERVISOR HORTON: Thank you.
MR. CARL1N: Now, are you aware of getting some of money, funding, for that program? From the
COPS program, which is still in effect, although Washington is trying to eliminate it.
SUPERVISOR HORTON: That is correct. They are trying to take 80,000 police officers out of that.
MR. CARL1N: You have been involved in getting or putting in for some of that money from the
COPS fund. Which is Community Oriented Policing Service.
SUPERVISOR HORTON: Yes, $150,000.
MR. CARL1N: $150,000. Good.
SUPERVISOR HORTON: Or $140,000, something like that.
MR. CARL1N: We had used that before. ! remember back when Chief Conway was the police chief,
he was allotted five police officers to be hired in Southold Town, he only hired ! think, only three. !
don't know what ever happened to the other two.
SUPERVISOR HORTON: Frank, is there anything else you need to address the Board on?
MR. CARL1N:
everybody else.
right now...
Yes. ! am not done yet, ! have been sitting here for 2 lA hours, ! have been listening to
Now it is my turn to talk. Because ! will tell you why, Josh, to straighten you out
SUPERVISOR HORTON: Frank, ! am just asking you to address the Board on town related business.
MR. CARL1N: Don't get bent out of shape.
SUPERVISOR HORTON: ! am not bent out of shape. ! am just trying to keep the meeting on the
tracks.
MR. CARL1N: Because ! will tell right now, you do this to me and you cut me off the one time before,
try to cut me off.
SUPERVISOR HORTON: Let's just keep the meeting on the tracks.
MR. CARL1N: Now, ! want you to know that in your agenda here and ! want to explain to you what
your agenda says. In very simple words, in the agenda, at the end of the meeting, the public will have
the opportunity to address any subject, any topic. This is what ! am doing.
SUPERVISOR HORTON: And ! am asking you to just keep moving with the subjects you would like
to address. That simple.
MR. CARL1N: ! will keep moving. Being that you want it, ! am going to go through them all tonight.
Alright? Because ! listened to everybody else, for 2 lA hours. Now it is time for me. Please, be nice.
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CVS drugstore. Now, a while back, you rejected the Hess gas station for wanting to improve their
facility there. I believe it was a food mart or something there. On the grounds too much traffic on Bay
Avenue and you need a traffic light. Okay. Okay. I go along with that, no problem. But now, CVS,
now what you are going to have there is, you are gonna have three exits coming out of CVS ....
SUPERVISOR HORTON: Mr. Carlin, the place, with all due respect, those comments should be
made to the Planning Board, as that is the body that that (inaudible).
MR. CARL1N: It is too late. They should have done that themselves and this is what I am trying to
prove, how much research is done in this town sometimes. Now, let me continue. Your exit from the
CVS on Sigsbee Road, which is part of the traffic light. That is number one, the second one you enter
into in the center, almost opposite the traffic light, the third one you enter, it is a little bit further east
on Marlene Lane. Which is also entering on the Main Road, opposite the shopping center exit to make
a right turn. So what I am going to say about this is, let's see what happens in the future on traffic or
an accident, let's just wait and see. If I am right or wrong. Now, my last one, I believe, will be, to
make you feel happy. This will make you feel happy, because I agree with you on this. This town
must learn to take advantage of our 21st century technology. We have it, we must take advantage of it.
to give you an example, I remember back, you won't remember this Josh, but back in, some of the old
timers in the town will, back in the 1940's, I remember the cartoon Dick Tracy, he was in the Daily
News and he would walk around with a wristwatch-radio on. And I thought to myself, he was nuts.
How are you going to walk around with a wrist-watch radio on, those days, when vacuum tubes were
the size of cucumbers? But anyway, look were we come, in 64 years. Look where we come. One of
these. And cablevision, 80-90 channels with just 4¼ inch co wise cable. So now, let's get back to the
windmill. It is unbelievable, that years ago, I can remember many farms had windmills on them, to
pump water. No big deal. In fact, if you go, to prove my point, if you go to Route 48, west of Horton
Lane in Southold and look up to your right, on the north side, you will still see a windmill there from
years back. And if you go to Orient Point, I don't know what it is, if it is a windmill or a weather vane,
where the airport is on the north side, there is one sticking up there. So what is the big deal in having
one windmill for research and development use, when LIPA was willing to pay for it and perhaps we
could make use of it, for emergency use. Police department or the Fire department, I don't understand
it. I know it was knocked down but this Board can change that because you have the power. The
Zoning Board of Appeals claimed it was not in the zoning code. You people have the power to
change it. Why should we have to buy it from LIPA right now? Change the zoning code to include a
windmill, not windmills, a windmill on the grounds of research or for study, for development. And
have your windmill and see what happens. Riverhead is doing it. Why can't we do it? This is the
thing that we must do. So, I don't know why and the problem with this town, and I will tell you what
the problem is with this town is, I hate to say this, as soon as we get something that we think it might
be good, we have a tendency to try to pick it apart. Find negative faults with it. It was mentioned, I
don't want to mention .....
SUPERVISOR HORTON: Which you would never do.
MR. CARL1N: It was mentioned, somebody on the Town Board that, well, we don't want all kinds of
windmills popping up or cellular towers. Well, you are not going to see a lot of cellular towers
popping up or windmills, that is ludicrous. It was the same thing done, Josh, I will be done pretty
soon, don't get nervous, it was the same thing done, Josh, with the McDonalds and the Burger King.
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Southold Town Board Regular Meeting
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Man, they used every kind of excuse from smoke from the curtain getting on your windows, noise,
pollution, traffic, lighting, everything. Everything they could find to say we don't want it. But it
turned out to be, in nine years already, ! think one of the nicest facilities we have in all Southold Town.
In fact, did you know, Josh, that after it opened August 6, 1995, that Tony, the owner donated a $2,000
check right away to the Laurel School, did you know that? And did you know one more thing? ! am
going to tell you this, John is laughing, ! am going to tell you this one, John, did you know back in
1995, that the Town Board tried to deny McDonalds the right to put a flagpole up? And ! had to come
to the Town Board and challenge them on it. And that morning of August 6, 1995, somebody from
the Town Board, ! don't want to mention his name, went down to the owner and said you can put your
flagpole up. That is how far they went out of the way and also to finish it, the Zoning Board of
Appeals never helped either, they dragged that thing out for five years. Come on, let's face it. But
anyway, ! didn't mean to get you bent out of shape.
SUPERVISOR HORTON: I am not bent out of shape at all, not at all.
MR. CARL1N: I am not here to bend anybody out of shape. I am here to tell it like it is.
SUPERVISOR HORTON: You don't. We like that about you.
MR. CARL1N: And my opinions and questions. I am sorry if I ever bent anybody out of shape. I was
sorry that ! bent John out of shape a couple of years ago. ! haven't forgotten that.
COUNCILMAN ROMANELLI: Don't worry about it.
MR. CARL1N: ! won't. But sometimes ! don't sleep because I, anyway, let's get, please, let's get
something done on this oversight committee.
SUPERVISOR HORTON: ! am going to have to.
MR. CARLIN: It is very important, very important, please.
SUPERVISOR HORTON: ! am going to have to. Yes, Mr. Wolf.
JESSE WOLF: Jesse Wolf, Southold. I am really standing here to get my feet working, but quite apart
from that, ! am quite confused about the root approval of the plan and development of this Animal
Shelter.
SUPERVISOR HORTON: ! think the thing to do is probably give Councilman Wickham a call, so
you can speak to him personally.
MR. WOLF: Well, ! would like it on the record. Because ! have now heard two or three different
versions of it. ! would like to know who is going to be the final decider of the plan.
SUPERVISOR HORTON: The Town Board.
MR. WOLF: The Town Board? Fine. What amount of input is going to be put in by the general
public?
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Southold Town Board Regular Meeting
SUPERVISOR HORTON: If you want to drag it out for another six or seven months .....
MR. WOLF: No, no. I mean, I am just asking ....
SUPERVISOR HORTON: (Inaudible)
MR. WOLF: It could be a matter of two weeks.
SUPERVISOR HORTON: I am sure that Councilman Wickham and Councilman Edwards will
recommend a good procedure to ....
MR. WOLF: Who is going to be the architect of record.
SUPERVISOR HORTON: We will have to go out to, we will do an RFP.
MR. WOLF: You are going to do an RSP?
SUPERVISOR HORTON: RFP.
COUNCILMAN WICKHAM: Or identify an engineering firm who will develop the final plans. We
haven't made that choice yet, we don't even have the preliminary plans approved yet.
MR. WOLF: Will there be any input by the architect or engineer of record to the final plan? Or is he
just going to be the guy who puts down the nuts and bolts?
COUNCILMAN WICKHAM: Do you mean the current architect, who is ....
MR. WOLF: Yeah. I am specifically (inaudible) ....
COUNCILMAN WICKHAM: I don't anticipate he will be the engineer in designing the final plan.
MR. WOLF: You are not anticipating he will be the architect of record?
COUNCILMAN WICKHAM:
MR. WOLF: Okay, thank you.
SUPERVISOR HORTON:
Correct.
Thank you.
This meeting is adjourned.
Elizabeth A. Neville
Southold Town Clerk