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HomeMy WebLinkAboutTB-06/29/2004SOUTHOLD TOWN BOARD REGULAR MEETING June 29, 2004 4:30 P.M. A Regular Meeting of the Southold Town Board was held Tuesday, June 29, 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 Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Justice Louisa P. Evans SUPERVISOR HORTON: Welcome to the June 29th meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. We have several portions over the course of the evening where the public is welcome to address the Town Board. The first being prior to the Town Board voting on any of the resolutions on the printed agenda, the second time for the public to address the Board is after the voting on the resolutions. You may address the Board from either of the two microphones located at the front of the room, please state your name and address clearly into the microphone so that we can have that as part of our record and you can address the Board on any town related business. Also, we do have several public hearings over the course of this evening and again, pertinent to those public hearings, obviously the public may address the Board on those specific issues. We have reports, notices, communications; all available at the Town Clerk's Office, which is open Monday through Friday, 8:00 A.M. to 4:00 P.M. and we have, ! am trying to think if there was June 29, 2004 Southold Town Board Meeting 2 anything else to include here. What I would like to start with this evening is a presentation and we have some of our folks here and would the Department of Public Works members that are here, I see you looking at your watch, I understand. That is what is great about the DPW, that they do look at their watches because they are always making sure that they are working hard and doing things in a timely fashion. So if we could have the DPW come forward and all those involved in the bank project. As you are aware and for those of you who are watching, you will be aware that we recently moved some of our offices into the North Fork bank building, on the corner of 25 and Youngs. And for obvious reasons, I think that was a necessary move and I am very pleased with the work that was accomplished there. We made a big decision, though, embarking on this project and that was: do we bid the project out or do we do it ourselves with our own resources? We decided very quickly, actually, to do the whole entire project ourselves with our own Town resources. And in doing so, I believe that was probably the first time that the Town has taken on a project of that size, utilizing our own resources. And I wanted to just explain a little bit that went into it. This is the crew that did it. They not only developed the plan from the engineering aspects and implemented the plan in the different stages of how the plan would roll out, the logistics of what it would take to accomplish. Removing some walls, placing new walls, electrical outlets, all the wiring, the technical components of our computer systems and our phone systems, which is very complex; this is the crew that put it all together. And they did so without question, without blinking an eye. And I wanted to present this plaque of recognition to the Department of Public Works. In appreciation of the skill, time and commitment contributed to establishing the $outhold Town Hall Annex. And it has on here Project Manager Lloyd Reisenberg; Jamie Richter the Town Engineer; from the DPW, the Director Jim McMahon; Andy Ruruode, the Deputy; Jeffrey Standish, Aaron Avent, Peter Doherty, Mike Eckhardt, John Jerome, Andy Lutkoski and William Zebroski. And I want to present this to you gentlemen and say thank you on behalf of the Town of $outhold and the Town Board for the incredible work that you did, with skill and articulation that you carried it out with. But we have one last thing to add: In completion of this entire project (you guys have to mount this, light it and mount it in the lobby of the Town Hall Annex) because I am very proud of the work that you did and I am also proud to work with you and I think your names are more than worthy of recognition. And I have a couple of special plaques. Before I get too much further into it, I do want to recognize the role that the Highway Department played in this. The parking lot that is so well paved behind the bank on Traveler Street, was done by the Highway Department. They did a more than adequate job, they did a more than professional job. Right, John? COUNCILMAN ROMANELLI: It was absolutely beautiful. SUPERVISOR HORTON: So I want to recognize the Highway Department as well. And these go to, these plaques right here, first I want to present this to Lloyd Reisenberg, who was the Project Manager who was the go-to guy, who worked directly out of my office on this project. Lloyd, you contributed skill that I did not know (inaudible) in general. The things that you had to pull together was beyond belief. And there are two other gentlemen right here, the first being Mike Eckhardt, who is a person who works in Town Hall who you see from time to time but you never hear from. Mike is always working extremely hard, very quietly; doing above and beyond, I think, what is expected of him and Mike, your skillful hands and your skillful eye really put a plum project together, it is really a pleasure to work in that building and thank you for your extraordinary efforts. These two plaques say that these guys did it all because that is really what they did. They painted, they did carpentry, they were working on the wiring and we also have Andrew Lutkoski, there you are. Andy is another one of those June 29, 2004 Southold Town Board Meeting 3 people that is always working above and beyond in Town Hall. Andy, thank you very much. And lastly, he decided not to come up but somebody that those of you that come to Town Board meetings see fairly regularly is Jim DiNizio. Another well kept secret that the Town has is Jim DiNizio and Jim volunteers scores of hours to the Town in making sure that the phone system was put together correctly and that Verizon was doing what they were supposed to do per their contract and Jim spent scores of hours in Town Hall working on our phone system. Jim, thank you so much for what you contributed here. Thanks for coming here after work, we look forward to having that plaque up so that everyone can see to know who really put that place together. Thanks a lot and congratulations. Okay, we will move forward. Can I get a motion for the approval of the minutes? Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the minutes of the June 1, 2004 Southold Town Board Regular Meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Councilman Wickham, it was RESOLVED that the minutes of the June 15, 2004 Southold Town Board Regular Meeting be and hereby are ordered approved. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the following town bills be and hereby are ordered paid: General Fund Whole Town bills in the amount of $237,353.82; General Fund Part Town bills in the amount of $4,086.00; Community Development Fund bills in the amount of $5,407.12; Risk Retention Fund bills in the amount of $467.00; Highway Fund Part Town bills in the amount of $177,261.24; Capital Projects Account bills in the amount of $13,330.94; Community Preservation Fund (2% tax) bills in the amount of $1,529,588.99; New London Terminal Project account bills in the amount of $15,403.02; Fishers Island Ferry District bills in the amount of $54,301.76; Refuse & Garbage District bills in the amount of $98,553.22; Southold Wastewater District bills in the amount of $56.72; Southold Agency & Trust bills in the amount of $8,773.25 and Fishers Island Ferry District Agency & Trust bills in the amount of $66.45. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, July 13, 2004 at the Southold Town Hall, Southold, New York. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. June 29, 2004 Southold Town Board Meeting I. REPORTS 4 1. Town Clerk Monthly Report - May 2004 2. Board of Town Trustees - May 2004 3. Juvenile Aid Bureau, Police Department - May 2004 4. Island Group, Claim Lag Report - June 1, 2003-May 31, 2004 5. Empire Plan Quarterly Experience Report - 2004 6. Town of Southold Budget Report - Month ended May 31, 2004 II. PUBLIC NOTICES None III. COMMUNICATIONS None SUPERVISOR HORTON: Okay, we open the floor to the public for addressing the resolutions on the agenda. CATHY TOLE: Hi, Cathy Tole, Greenport. Extraordinary job that the Town Hall folks did. I assume that they are all CSEA members also and the public should know that they are, I think, into their second year without a contract and that they came on their own time here tonight, did I hear you say? After work? SUPERVISOR HORTON: Yes. MS. TOLE: And certainly maybe you should consider having kept them on the clock until the completion of tonight's ceremony. And that would say thank you also. SUPERVISOR HORTON: A point well made. MS. TOLE: Contract and put them for doing more for the Town, than as you said, above and beyond the call of duty. Alright, there are a few items here that I am not sure anybody here understands. Item 512 and 513, is the consistency review for the LWRP, would you be kind enough to just give a brief sentence about what that is about? SUPERVISOR HORTON: Yes. It doesn't speak for itself, obviously. You are right, it doesn't. #512 is a Local law in relation to Town of Southold, the LWRP consistency review and essentially we are ordering a SEQRA analysis to be done on that. That is a Local law. In order to formally adopt the LWRP, the Town is also required to put in place a consistency law, which essentially would require a person in Town Hall to review all applications at various stages from various town agencies, to ensure that they are in compliance or not in contrast to the LWRP. MS. TOLE: And just one more thing. We have hearings, we have the meeting begin at 4:30, we have hearings at 5:00 and 5:05 and we have hearings at 8:00 and 8:05. You have created an extraordinarily long agenda, which is difficult for a lot of people. Whether they be retired or working or yourselves. And we have had very civil, good hearings that have worked into a very good, comfortable schedule for people and I think pushing these marathon meetings does not benefit anybody. And in fact, people June 29, 2004 Southold Town Board Meeting who gain their information through watching these things on TV, on public access TV or government access TV are bound to be, I would be asleep before the end of them and miss an awful lot of it. I am sure people will drift out and some people may drift in. But it is an unnecessary, probably an unnecessary burden to hold hearings on a 4:30 meeting at 8:00, especially when you know that they are things of significance and import. I would like to ask you to adjourn this late hearing today so that we don't run into a marathon sessions, that we don't get cranky and out of sorts and things because I think we have two very, very important and very controversial items set for hearings tonight. And they each deserve their own evening and their own respect for their own import. And one more person to thank about the Town Hall. John, I think you worked on that deal for probably two or three years. COUNCILMAN ROMANELLI: It wasn't quite that long, but thank you. Thank you. MS. TOLE: Okay. SUPERVISOR HORTON: Would anybody else care to address the Board on the resolutions? Yes, Melanie. Ms. Norden. MELANIE NORDEN: Melanie Norden, Greenport. This is with respect to #511, regarding affordable housing and the SEQRA review. ! would like to include in the record testimony from the April 25, 2002 and meeting that ! gave, regarding archeological remains in the general area in the affordable housing project that was proposed for an area probably 100 yards from the new proposed possible affordable housing and the native burial ground site, which is about 200 yards away. ! won't bother to read the entire testimony that ! gave but simply to say that at the time and this is at the corner of Sound Road, across Sound Road from the Shady Lady, there was proposed a couple of years ago an affordably housing project, the application of which was withdrawn by Hurtado and Matine. At the time, there was a limited SEQRA review and an engineer from Nelson, Pope and Voorhis indicated that they were very concerned that their initial review indicated that there were archeological remains and native burial grounds possibly on site. As a result of that review, some archeologists from Stony Brook were brought out, they gave a rather limited analysis of the problem and whether in fact there might or might not be any native American burial grounds and/or relics there and then ultimately a few months later, the application for the subdivision was withdrawn. At the time, in my testimony, ! encouraged the Board to consider taking on the responsibility of preserving our historical artifacts on their own, as opposed to asking the developer to underwrite the cost of an archeological review on site. As you may know, the archeological review is part and parcel of the SEQRA review. ! will read a part of my testimony from that period of time. ! would actually like you to essentially play that role, that role being rather than the developer deciding or determining whether there are archeological remains or anything of historical significance on site or to hire the architect, which seemed to me to be a conflict of interest. That the Board would play that role as lead agency. But ! would actually like you to essentially play that role. Not as lay people but as lead agency in going beyond what is normally required when you ask a developer to provide the archeologist and perhaps yourself considering either with Mr. Voorhis' firm or with another archeological firm, retaining an independent archeologist to evaluate this information. And then ! went on to talk about the review process and the importance of preserving our cultural artifacts in the Town of Southold as indicated by your zoning code. Now as you know by reading the Suffolk Times this week, real concern has now arisen in the Rock Cove estate area because perhaps an archeological review was not done, perhaps the SEQRA review was not fully completed, but Rock Cove now lies no more than 200 yards from where the Matine proposal June 29, 2004 Southold Town Board Meeting 6 for affordable housing initially was placed and where the Tsunis property is located. So I don't think that we can forestall a SEQRA review at this point. ! think that because of the archeological significance of the area, which has been historically documented over and over again in the records, we have to ask for not only a SEQRA review but a full scale archeological review of that proposed site to make sure that we are not proposing that we use public funding, whether it is federal, state or other funding and then have the same problem that we now have in Rock Cove, which is to encourage builders to go for it at their own risk. So ! think that we can't possibly approve the fact that this is a non-determination SEQRA that we have to ask for SEQRA in this case because in point of fact, it is our only resource when it comes to preserving or at least investigating whether the site is of an historic or culturally historic or cultural interest. So ! would like to say that otherwise we are going to run into lawsuits and we are going to run into other problems, if in fact we go forward realizing that we are proposing a site that already twice now been tagged and flagged by engineers. SUPERVISOR HORTON: There is not a site. Okay. Understood. MS. NORDEN: By the Department of Historic Preservation, which indicated that they are currently concerned about the Rock Cove place, by the archeologists and also by your own engineers, Nelson, Pope and Voorhis; who indicated that right across the street from the Tsunis property, there is also very good indication that there were Native American burial grounds, perhaps, which again is a whole federal repatriation process. SUPERVISOR HORTON: You made that clear. Is there anything else in regard? MS. NORDEN: So ! just want to say that ! think we need to engage in a SEQRA review on all affordable housing projects and certainly particularly on the one that may or may not be proposed, opposite the Shady Lady. SUPERVISOR HORTON: Okay. Are there other comments on resolutions that are on the agenda? Oh, Mrs. Egan. JOAN EGAN: Good afternoon, ladies and gentlemen. Mr. Horton, Mr. Romanelli, Mr. Edwards, Mr. Ross, Mrs. Neville and the lady who never answered my letter. And there is a letter going to someone, ! told Josh about that. SUPERVISOR HORTON: Actually, yes, you threatened to send .... MS. EGAN: Oh, no, ! didn't threaten. SUPERVISOR HORTON: Yes, you did, Mrs. Egan. MS. EGAN: ! made a statement. SUPERVISOR HORTON: You threatened to send a letter to the Suffolk County Bar Association. MS. EGAN: No, no. No threats were made. ! made a statement. Nothing wrong with that. And you did not enact upon it. Your problem now, disgrace to the Town Board for Mrs. Finnegan and Mr. June 29, 2004 7 Southold Town Board Meeting Yakaboski. Okay, now #488. I spoke with Captain Flatley and naturally we need repair and maintenance done but more importantly, we need better vehicles that don't explode. SUPERVISOR HORTON: Are there other resolutions you wanted to address, Mrs. Egan? MS. EGAN: And we also need, ! spoke with the police officer and the Captain in this regard, they have vests, which are bulletproof. SUPERVISOR HORTON: Mrs. Egan, that is not pertaining to a specific resolution. MS. EGAN: Well, this is equipment. A pick or a knife can go through them. So they need better vests. Now, item #489. Why is he resigning? SUPERVISOR HORTON: It was a personal decision of that person to resign. MS. EGAN: Has he been replaced? SUPERVISOR HORTON: ! believe we have actually gone out to resume. MS. EGAN: No. Okay, #490, Christa Grant is from where? SUPERVISOR HORTON: Southold. MS. EGAN: Is she volunteer? SUPERVISOR HORTON: No, she is a paid intern. MS. EGAN: Okay, #491, ! still would like to see that changed. The aging. Now, we have to go into gifts and donations? SUPERVISOR HORTON: It was a gift to the program for a specific expense, Mrs. Egan. MS. EGAN: For what? SUPERVISOR HORTON: Contractual expenses. MS. EGAN: For what, dear? SUPERVISOR HORTON: Supplies and materials. MS. EGAN: Well, take better care of what you have up there. Now, #492, ! would hope that ..... SUPERVISOR HORTON: Mrs. Egan, are you going to .... MS. EGAN: Please do not interrupt me. June 29, 2004 Southold Town Board Meeting SUPERVISOR HORTON: Well, we are not going to go through every resolution one by one. MS. EGAN: Do I have to review what is on the front? You take up more time mumbling there. Accept a letter to retire, #494. Again, another person out of the Human Resource Center, which is horrible. Well, I think #495 is too complicated to go into right now, #496 is the same and I think #497. And again, #498, a mini-bus driver for the Senior Nutrition Center. Another bus driver and I keep telling you, those people like to see the same bus driver. So there is something wrong up there that is not being handled properly. Now, #501, Solid Waste District. Interestingly, the Town of New Rochelle in Westchester has lots of money and they only pay $193 a year for all kinds of garbage. We pay over $200. Something should be done about that. Now, what is the #502? A multi-modal program? SUPERVISOR HORTON: I am sorry. Your question? MS. EGAN: What is it? #502. SUPERVISOR HORTON: The multi-modal program is a government program that we benefit from the state and it is basically a $10,000 grant that is coming to the Highway Department for street signs. MS. EGAN: For street signs. That are not up yet. Disgrace. SUPERVISOR HORTON: We haven't bought them. MS. EGAN: Now why are, #504, releasing William Zuhoski from his, a lifeguard, we will have to replace him. We hire them, we fire them. It is a disgrace, something is wrong with management. SUPERVISOR HORTON: He declined acceptance of the position. MS. EGAN: The retirement of John Boufis from his position as building inspector. You have to replace him also. He probably did a very good job. The older ones do, the younger ones don't. Now, we accept the resignation of Annette Jordan, #509. Now, is she retiring or is she just leaving? SUPERVISOR HORTON: She is retiring. MS. EGAN: Oh, I wish her well. Now, #512, L.K. Mc Lean Associates. Where are they from? SUPERVISOR HORTON: They are from up the island and ... MS. EGAN: Uhuh. From Southold Town? SUPERVISOR HORTON: Excuse me. The, one of the principals of the company, yes, lives in Southold Town. MS. EGAN: One of the principals. But they aren't here. That is great, we always hire out oftowners. What a shame. Well, I shall speak later on other things. I know you will be delighted. June 29, 2004 Southold Town Board Meeting 9 SUPERVISOR HORTON: Thank you, Mrs. Egan. We will proceed with our agenda and get through as many of them as reasonably possible. Oh, yes, sorry. GWYNN SCHROEDER: Gwynn Schroeder. I would just like to explain #495? SUPERVISOR HORTON: #495 is modification to the monitor provisions contained at attachment 1, and a specific paragraph of the stipulation of settlement that was issued by the DEC. And that was a, ! believe, a change that the DEC initiated in regard to monitoring that ! think dates back to the DEC mandated closure of the landfill. And yes, Bob. Mr. Van Bourgondien. BOB VANBOURGONDIEN: Bob VanBourgondien. ! would just like to talk on three resolutions, #517, 518 and 519. As far as, #517, speaks to the extension of the moratorium, ! want to commend you guys for extending the moratorium. There is a lot of work that has been done in Town Hall. ! have been very busy the month of May, and ! am amazed at the progress that you all have made. ! think to do the right things down the line, we need to extend the moratorium. Also, the exceptions that you made to the moratorium, ! think, are well worth considering. #519, is the approval of the development rights on the Dorset farms. That is a yes, ! think that is a very, very worthwhile preservation project. Thank you. SUPERVISOR HORTON: Thank you, Bob. We will move forward with the resolutions and get right into our public hearings. 1997 150hp Johnson 1995 175hp Johnson 1995 175hp Johnson Vote of the Town Board: #487 Moved by Councilman Romanelli, seconded by Councilman Wickham, it was WHEREAS no bids were received on the following surplus equipment, now therefore be it RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to re-advertise the surplus equipment. All three (3) items to be bid as a package with no minimum bid. outboard - Serial No. G04107080 outboard - Serial No. G03885961 outboard - Serial No. G03885960 Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #488 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Clark of the Town of Southold hereby modifies the 2004 General Fund Whole Town budget~ as follows: TO: A.3020.4.400.600 FROM: A.3120.2.300.100 Public Safety Communications, CE Equip. Maint. & Repair Police, Equipment Automobiles $3,000.00 $3,000.00 June 29, 2004 Southold Town Board Meeting 10 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #489 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Ralph Gaudiuso from his position as Public Safety Dispatcher for the Southold Town Police Department. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #49O Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Christa Grant to the position of part-time Student Intern I in the Southold Town Supervisor's Office at a salary of $9.54 per hour, beginning June 30 working full days: Wednesday, Thursday, Friday during the months of July and August. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #491 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2004 budget as follows: To: Revenues: A.2705.40 To Appropriations: A.6772.4.100.110 Gifts and Donations Programs for the Aging Contractual Expenses Program Supplies/Materials Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. $ 731.00 $ 731.00 Councilman Ross, Councilman Wickham, #492 Moved by Councilman Edwards, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 Scavenger Waste Treatment Budget as follows: FROM: S S 1.8130.4.500.900 Unallocat ed Funds $ 5,000 TO: SS1.8130.4.400.900 Tank Cleaning $5,000 June 29, 2004 Southold Town Board Meeting 11 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, #493 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby modifies the 2004 budget as follows: To: Revenues: A.2705.65 To: Appropriations: A. 1620.4.600.300 Gifts & Donations With You, Southold Can Buildings & Grounds, C.E. Miscellaneous With You, Southold Can Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. $ 6,000.00 $ 6,000.00 Councilman Ross, Councilman Wickham, #494 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent to retire of Carol Betty from her position of Adult Day Care Supervisor at the Human Resource Center, effective July 9, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #495 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute a modification to the monitor provisions contained at attachment 1~ paragraphs I.B-I.B.(~ of Stipulation of Settlement #91-19050 and 91-19273 issued by the New York State Department of Environmental Conservation, said modification subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #496 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of credit No. Y034116 issued by UBS AG in the amount of $705~710.00 and an administration fee in the amount of $42~342.60 for the proposed Maior Subdivision of Cove Beach Estates located at East June 29, 2004 Southold Town Board Meeting 12 Marion, New York, SCTM #1000-22-3-9.1,18.1, 18.7 & 18.8 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #497 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the amount of the performance bond estimate dated May 12~ 2004 in the amount of $143~250.00 together with an administration fee in the amount of $8~595.00 for the proposed Maior Subdivision of Zoumas Contracting Corporation located at North Bayview Road, Southold, New York, SCTM#1000-79-4- 17.17 as recommended by the Southold Town Planning Board, subject to the approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #498 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for a mini-bus driver for the Senior Nutrition Program at the Human Resource Center for two consecutive weeks. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #499 Moved by Councilman Wickham, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby grants permission to the North Fork Country Club to close Moore's Lane~ Cutchogue from the southerly line of the Subdivision of "Country Club Estates" to the northerly line of the land of William Tyree and limited closure to all but neighborhood residents from Main Road to the southerly line of the Subdivision of "Country Club Estates" and from land of Tyree to the intersection of Moores Land and New Suffolk Avenue~ on Friday~ July 16 and Saturday July 17~ 2004 providing they file with the Town Clerk a One Million Dollar Certificate of Liability naming the Town of Southold as additional insured and contact Lt. Flatley to coordinate traffic control. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #500 Moved by Councilman Edwards, seconded by Councilman Ross, WHEREAS the Town Board of the Town of Southold wishes to purchase a development rights easement on part of a certain parcel of property owned by Dorset Farms, Inc., pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is June 29, 2004 Southold Town Board Meeting 13 identified as part of SCTM #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road approximately 769 feet easterly of Elij ah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.5 acres of the 33 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. This purchase may be eligible for partial reimbursement from a grant from the 2003 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture and Markets; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #501 Moved by Councilman Ross, seconded by Councilman Romanelli, 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. 8160.4.100.225 SR. 8160.4.100.300 SR. 8160.4.100.800 SR. 8160.4.100.900 SR. 8160.4.450.200 SR. 8160.4.500.300 Lubricants Odor Control Maint Facilities/Grounds Landscaping Supplies Advertising Equipment Lease - Whole Town 2,000.00 150.00 2,500.00 2,000.00 3,000.00 163.71 From: Appropriations SR. 8160.4.400.600 Scale Maintenance Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. 9,813.71 Councilman Ross, Councilman Wickham, #5O2 Moved by Councilman Romanelli, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town Southold hereby modifies the 2004 Highway Fund Part Town budget as follows: To: June 29, 2004 Southold Town Board Meeting 14 Revenues: DB.3505.00 Multi-Modal Program To: Appropriations: DB.5110.4.100.995 Signs& SignParts Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. $10,000.00 $10,000.00 Councilman Ross, Councilman Wickham, #5O3 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby appoints Amanda M. Nunemaker to the position of seasonal Student Intern I in the Assessors office at a rate of $9.54 per hour, from July 6, 2004 to September 7, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #5O4 Moved by Councilman Edwards, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold hereby releases William Zuhoski from his position as Stillwater lifeguard for the 2004 summer season with the Recreation Department as he has declined the position. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #505 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby approves the trailer permit application of Robert and Susan Tomato Mattituck, New York, for a period of six (6) months, granting permission to locate a single one family house trailer on Main Bayview Road, Southold, New York, SCTM#1000-78-2-13 to be used as a residence during the construction of their new home at this location. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #5O6 Moved by Councilman Wickham, seconded by Councilman Ross, WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2004 a Local Law entitled "A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertainin~ to Highway Specifications" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the June 29, 2004 15 Southold Town Board Meeting 27th day of July, 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "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. 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. The specifications set forth in the following chart shall apply to all constructed roadways after April 20, 1993: A. Specifications. Minimum Right- Number of Lots Serviced by Road Zoning District 5 and over A-C, R-40, R-80, R-120, AHD and HD of-Way Width Road Width (feet) (feet) 50 g4 (Drawing No. 15-1) or 24 (Drawing No. 15-2) § A108-21. 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 Department of Highways Standard Drawing Number 15-1, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-1. Town of Southold Department of Highways Standard Drawing Number 15-2, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-2. June 29, 2004 Southold Town Board Meeting 16 Town of Southold Department of Highways Standard Drawing Number 39-1, Standard Granite Curb Details, is deleted. iii. SEVERABiLiTY if any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. June 29, 213 Southold T June 29, 2004 Southold Ton I(>WN OF S©UTHOI D S~ANDARD AS~ HALT R(}&DWAY ~ repare{} a {/ Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #5O7 Moved by Councilman Romanelli, seconded by Councilman Edwards, June 29, 2004 Southold Town Board Meeting 19 WHEREAS the Town has advertised for bids for the acquisition of a waste-haul trailer for the Solid Waste Management District, and before received, the bid specifications as advertised were incomplete; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for the acquisition of a waste-haul trailer for the Solid Waste Management District, all in accordance with specifications provided by the Solid Waste Coordinator, subject to the review and approval of the Town Attorney. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #508 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold hereby acknowledges the retirement of John Boufis from his position as Building Inspector in the Southold Town Building Department, effective June 10, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. AMENDED BY RESOLUTION 536, JULY 13, 2004 #509 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent to retire of Annette Jordan from her position of Account Clerk in the Southold Town Accounting Office, effective July 9, 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #510 Moved by Councilman Wickham, seconded by Councilman Romanelli, it was RESOLVED that the Town Board of the Town of Southold appoints the following Stillwater lifeguard for the period of July 7 - September 6~ 2004 as follows: I. STILLWATER LIFEGUARD Conor Coridan (lst year) ......................................................... $11.06/hour Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #511 Moved by Councilman Romanelli, seconded by Councilman Edwards, it was RESOLVED that the Town Board of the Town of Southold hereby finds that the amended proposed Local Law entitled "A Local Law in relation to Amendments to the Affordable June 29, 2004 Southold Town Board Meeting 20 Housing District (AHD) in the Code of the Town of Southold" is classified as a Type II Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #512 Moved by Councilman Edwards, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to hire the firm of L.K. McLean Associates~ P.C. to conduct a review pursuant to the State Environmental Quality Review Act {SEQRA) of the proposed Local Law entitled "A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program Consistency Review" at a cost not to exceed $500.00 as per their proposal dated June 29~ 2004. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #513 Moved by Councilman Ross, seconded by Councilman Wickham, it was WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2004 a Local Law entitled "A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program Consistency Review" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27th day of July~ 2004 at 5:15 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program Consistency Review" reads as follows: LOCAL LAW NO. 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. June 29, 2004 Southold Town Board Meeting 21 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 (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. June 29, 2004 Southold Town Board Meeting 22 I. "Minor actions" include the following actions, which are not subject to review under this chapter: (1) maintenance or repair involving no substantial changes in an existing structure or facility; (2) 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; (3) repaving or widening of existing paved highways not involving the addition of new travel lanes; (4) street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; (5) 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; (6) granting of individual setback and lot line variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; (7) minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; (8) installation of traffic control devices on existing streets, roads and highways; (9) mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; (10) 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; (11) 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; (12) routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; (13) 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; (14) collective bargaining activities; (15) investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; (16) inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; (17) 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; (18) adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; June 29, 2004 Southold Town Board Meeting 23 (19) 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; (20) 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; (21) adoption of a moratorium on land development or construction; (22) interpreting an existing code, rule or regulation; (23) designation of local landmarks or their inclusion within historic districts; (24) emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property 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 June 29, 2004 24 Southold Town Board Meeting 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. 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. June 29, 2004 Southold Town Board Meeting 25 G. Where an EIS is being prepared or required, the draft EIS 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 EIS 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 I herein. 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 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 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 infrastructure, June 29, 2004 Southold Town Board Meeting 26 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. 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. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #514 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Board of the Town of Southold authorizes and directs the Town Clerk to transmit the proposed Local Law entitled "A Local Law in relation to the Town of Southold Local Waterfront Revitalization Program Consistency Review" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. SUPERVISOR HORTON: And that would include the Suffolk County Planning Commission. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #515 Moved by Councilman Romanelli, seconded by Councilman Edwards, WHEREAS, the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving amendments to Chapter A106 of the Town Code "Subdivision of Land"; and WHEREAS, the purpose of the proposed amendment is twofold, first to insure that the approval of subdivisions is based on the following considerations: June 29, 2004 Southold Town Board Meeting 27 · Preservation of certain lands, including farmland, open space and recreational landscapes. · Preservation of the rural, cultural and historic character of the Town's hamlets and surrounding countryside. · Preservation and protection of the Town's remaining natural environment. · Encouragement of a range of housing and business opportunities to support socio- economically diverse communities. · Promotion of transportation efficiency, intermodal transportation hubs, and attractive alternatives to automobile travel, while preserving the scenic and historical attributes of roadways in Town. Second, that affordable housing opportunities are available for a majority of the residents of the community. Now therefor 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 this 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 reasons enumerated in the attached Negative Declaration Form. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #516 Moved by Councilman Ross, seconded by Councilman Wickham, it was RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to participate as hamlet community stakeholders in the Hamlet Revitalization Study being undertaken by Cleary Consulting for the Town of Southold: Cutchogue Jack Di Paola Cutchogue [im Grathwohl Cutchogue Tom McAdam Cutchogue Jane Minerva Cutchogue Cincotta Nancy Cutchogue Dick Ploth Cutchogue Daniel Sarnowsky Cutchogue Gwynn Schroeder Cutchogue Barbara Taylor Cutchogue Cathleen Towey Cutchogue Ronnie Wacker Cutchogue George Wieser June 29, 2004 Southold Town Board Meeting East Marion Perry Angelson East Marion Ruth Ann Bramson East Marion Joe Cherepowitch East Marion Jenny Gould East Marion Karen McLaughlin East Marion Susan Melamud East Marion Bob Muir East Marion Kate Sepenoski East Marion Joe Townsend East Marion Kevin Webster Greenport Ev Corwin Greenport John Mae Greenport Dan Finney Greenport Gail Horton Greenport Laurie Kerr Greenport Donald Leslie Greenport Megan McKamey Greenport Dennis McMahon Greenport Kim Murphy Greenport Tanya Palmore Greenport Peter Russo Greenport Connie Solomon Greenport Celia Swing Greenport Uri Talgat Greenport Paul Wingett Mattituck Sue Auer Mattituck Peter Coleman Mattituck Constance Connor Mattituck Andrew Greene Mattituck rim Hinsch Mattituck Walter Krupski Mattituck Joseph Lee Mattituck Ron McGreevy Mattituck Ray Nine 28 June 29, 2004 Southold Town Board Meeting Mattituck James Pim Mattituck Henry Raynor Mattituck April Ross Mattituck Frank Wills Mattituck Charles Zaloom New Suffolk Laura Avent New Suffolk Neb Brashich New Suffolk Phil Loria New Suffolk Joan Robbins New Suffolk Tom Samuels Jr. New Suffolk Jerry Schultheis New Suffolk Michael Simon Orient Glynis Berry Orient Tom Crowley Orient Linton Duell Orient Dan/Nancy Fischer Orient Billy Hands Orient Margaret Minichini Orient Michael Rose Orient Linda Sabatino Orient Roger Tabor Orient Fred Terry Orient Jeri Woodhouse Peconic Ray Blum Peconic Florence Brandi Peconic Ellen Carbonel Peconic Dave Cichanowicz Peconic Ed Dart Peconic Bill Grigonis Peconic Phil Horton Southold Susan Boyles Southold Rudy Bruer Jr. Southold Michael Croteau Southold Kathleen Dolomite 29 June 29, 2004 30 Southold Town Board Meeting Southold Susan Fisher Southold Alice Hussie Southold William (Buddy) Johnson Southold Karen Lee Southold Chris Manfredi Southold Tom McCarthy Southold Rich Mullen Southold John Murnane Southold John Nickles, Jr. Southold Anton Pravetz Southold John Rooney Southold Marian Salerno Southold Ray l'amayo Southold Leslie Kanes Weisman Southold Donald Wilson SUPERVISOR HORTON: ! will say, we are excited about this process commencing and these names will all be available for review at the Clerk's Office. And we advertised for several weeks in the local papers and ! would say had a wonderful response from the public. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #517 Moved by Councilman Ross, seconded by Councilman Wickham, WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 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"~ now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall~ 53095 Main Road~ Southold~ New York~ on the 27th day of July at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to 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" reads as follows: LOCAL LAW NO. 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 June 29, 2004 31 Southold Town Board Meeting 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 II. 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. June 29, 2004 Southold Town Board Meeting 32 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 June 29, 2004 Southold Town Board Meeting 33 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 June 29, 2004 Southold Town Board Meeting 34 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 June 29, 2004 Southold Town Board Meeting 35 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 June 29, 2004 Southold Town Board Meeting 36 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 five hundred ($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of §Al 06-25 , § A106-27 and Articles 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. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. #518 Moved by Councilman Wickham, seconded by Councilman Ross, it was RESOLVED that the Town Boar of the Town of Southold hereby authorizes and directs the Town Clerk to transmit the proposed "A Local Law In Relation to a One Hundred and Eighty 080) Day Extension of the Temporary Moratorium on the Processing~ Review of~ and making June 29, 2004 Southold Town Board Meeting 37 Decisions on applications for Maior Subdivisions, Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s7 in the Town of Southold" to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Moved by Supervisor Horton, seconded by Councilman Ross, it was RESOLVED that the Town Board meeting be and hereby is recessed in order to hold four (4) public hearings on the matters of (1.7 HEARING ON "A LOCAL LAW IN RELATION TO A NEW CHAPTER A106-SUBDIVISION OF LAND OF THE CODE OF THE TOWN OF SOUTHOLD"; (2.7 HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS FOR PROPERTY OWNED BY DORSET FARMS, INC., SCTM #1000-100-4-8, 4100 OREGON ROAD, MATTITUCK.; (3.) HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO THE AFFORDABLE HOUSING DISTRICT (AHD7 IN THE CODE OF THE TOWN OF SOUTHOLD"; AND (4.7 HEARING ON THE WAIVER APPLICATION FROM THE PROVISIONS OF THE LOCAL LAW "TEMPORARY MORATORIUM ON THE PROCESSING, REVIEW OF, AND MAKING DECISIONS ON THE APPLICATIONS FOR THE MAJOR AND MINOR SUBDIVISIONS, AND SPECIAL USE PERMITS AND SITE PLANS CONTAINING DWELLING UNIT(S7 IN THE TOWN OF SOUTHOLD" FOR THE MINOR SUBDIVISION OF DAMIANOS/MERLOT, SCTM #1000-75-2-2, MAIN ROAD, SOUTHOLD. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: We have two more hearings scheduled for this evening and there has been a request to adjourn that public hearing. My only concern with doing so is that it has been noticed and people are apt to show up here at 8:00 tonight. So what ! would like to do is have those two meetings this evening, adjourn for now and reconvene at the said time, 8:00. At this point, however, we will open the floor to the public for items related to town business. Yes, ma'am. SALLY STERN: Sally Stern, Greenport. I have sat here and listened to a lot about conservation and preservation and it is great, ! think we should conserve and preserve every rock, every tree, every stream, every bee, every buzz, everything that exists here. How about the indigenous animals of Greenport, Southold, Riverhead and everyplace else that we have managed .... SUPERVISOR HORTON: Excuse me, ma'am? MS. STERN: To propagate by not performing sterilization on them? So what am I here for? Basically, ! am here to ask you what is being done about the Patricia Troxel monies that were given to us. What are you going to do about it? Are you going to build a veterinary institute for them, are you going to build a shelter finally? So that these animals, like your trees, like your rocks, like your grass.., can be preserved. Or are you going to sit on your butts as you have done for the last two years and done bupkis? Let's get with it now, folks. We, everyone here, is responsible for those animals out June 29, 2004 Southold Town Board Meeting 38 there, those homeless and abandoned animals. I am a founding member of SAVES Inc. I have trekked through forest tick infested woods and everything else to help these animals and now it is time for this Board to get going and help them as well. Let's have it done. Let's use that monies, instead of giving it to Kent. Let's build something for our animals. Let's educate the people of Southold Town about what sterilization means as well. Let's make this a community to be proud of, as we are proud of it now. It h as a no-kill shelter. We are a wonderful town and we should keep that wonderfulness as part of us. Build that shelter, build that pavilion. Use that money. Don't give it to Kent. We need it. Thank you. SUPERVISOR HORTON: Thank you, ma'am. Yes, ma'am. MARIE SCHNOOR: Marie Claire Schnoor from Orient. ! have been a volunteer of the Shelter for many, many years and ! have gone through this routine about building a new shelter for many years. ! didn't even have gray hair at the time when it first started. ! see that there is now a light at the end of the tunnel. Mr. Horton, when you first ran for office, ! met you at Aldo' s, where you are often, so am I. Right? And ! said to you, ! am voting for you, ! want you to do something about the shelter, make it a priority. SUPERVISOR HORTON: May ! make something clear about the shelter? Because you are right on point, and you are right, ! said that and ! will continue to say that. And the Town, today actually, had before it a preliminary plan that was reviewed and there was input taken by a architect that has experience in shelters and the Town Board took it upon ourselves actually, to fly him up from .... MS. SCHNOOR: ! am aware of all of this. SUPERVISOR HORTON: Where is he from? Kansas City. MS. SCHNOOR: Kansas City. ! am aware of all of this. SUPERVISOR HORTON: And the Town Board is expeditiously, forthrightly and extremely committed fashion, moving forward with constructing a new shelter. MS. SCHNOOR: So you are making it a priority now. SUPERVISOR HORTON: ! have made it a priority ever since ! have been here. MS. SCHNOOR: The Troxel pavilion .... SUPERVISOR HORTON: I, too, wish things could move faster. MS. SCHNOOR: The Troxel pavilion is about the best thing ! have ever heard. It benefits the Town, it benefits the animal, it would be built with money that was given to the League and we should use it for our Town, for our animals. Not to give it to another, ! don't care whether it is Kent or whatever, ! have nothing against Kent but the money is ours, let's use it. We are going to have a wonderful pavilion with a lot of things that will benefit the Town because they will not be in the new shelter, so June 29, 2004 Southold Town Board Meeting 39 this will be extra things that we will be taking care of, will benefit anybody. These poor animals, something has to be done today. Take a vote and let's do it, before ! am totally white. Thank you. SUPERVISOR HORTON: Thank you, ma'am. Yes. MARILYN SAWASTYNOWICZ: Good evening, Marilyn Sawastynowicz of Cutchogue. ! just want to add to that, ! am completely in support of the North Fork Animal Welfare League pavilion addition to the shelter. The Troxel estate money should stay in Southold as per the wishes of the will. It would provide services such as in-house veterinary care, which is wonderful, at no extra cost to the Town. So, ! don't see any reason why the Town would not be in support of it and ! just wanted to stress my feelings on how important ! think it is. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments on town related business? Yes, ma'am. MILDRED BOICE: Good afternoon, my name is Mildred Boice. ! am a Southold resident and a member of the Board of Directors of the North Fork Animal Welfare League. ! have been a Board member since 1989 and President from 1990 to 1992. ! have also held office as secretary of the League. In my other life, ! was a fourth grade teacher in Mattituck-Cutchogue for 19 years and retired in 1989. Over the years, ! have adopted eight dogs from the Shelter. The subject of my presentation is the Patricia Toner-Troxel bequest of $309,000 that she wished to leave to the North Fork Animal Welfare League. We are extremely pleased that Ms. Troxel, a local resident would remember the good works of the League with such generosity. We are also very grateful to the New York State Attorney General's office for supporting the League as the main recipients of the bequest or the proper recipients of the bequest. We worked with Reggie Weile, professor of architecture and local resident and practioner and Gillian Wood-Pultz, Southold Animal Shelter director to formulate a proposal for the use of the Troxel bequest. How fortunate we were to have both of them and their knowledge. The proposed program for the bequest is the Patricia Toner-Troxel pavilion, a 2,000 square foot, free standing, park like structure, which would be built on Town property, adjacent to the new shelter. The concept of placing a privately owned structure on town owned property is not completely new. The building or trailer, if you will, now being used by the North Fork Animal Welfare League, is owned by the League and is located on Town property, adjacent to the existing shelter. There has never been a problem with the Town or League with this situation in the seven years the trailer has been located on town property. In fact, previous to these past seven years, the Town rented a trailer for $500 a month to provide office space for the League. If you do the math, we have saved the Town $6,000 a year or $42,000 in seven years. The Troxel bequest provides a tremendous opportunity to enhance the services by the North Fork Animal Welfare League to the animals, the community and the Town. We believe this pavilion plan, in conjunction with the Town's new shelter, best fulfills Ms. Troxel's wishes as well as fosters a spirit of mutual respect and cooperation between the Town and the League, which will benefit all. Since our first meeting with the Town Board, on the June 1 work session, one month ago today, we have met with Councilman Wickham and Ross regarding the Troxel pavilion and given them copies of our proposal. Time is of the essence and now is the time to act. We are all aware the matter of the Troxel bequest is presently in the Surrogate's Court and we believe this can be a win-win for both the Town and the League. This bequest honors the tremendous spirit of volunteerism in this community in regard to our homeless animals and the volunteerism that our people have displayed. The education of the excellent shelter staff is greatly appreciated and the commitment of the Board of June 29, 2004 Southold Town Board Meeting 40 Directors of the North Fork Animal Welfare League, of which ! am very proud to be a member. Now, ! would like to ask each and every Board member to give us a yes or no answer to the following question. SUPERVISOR HORTON: Ma'am, this is not a forum to discuss legal matters. This is not a forum to pin the Town into whether we are supporting a concept or not. MS. BOICE: Why not? SUPERVISOR HORTON: This is just not the forum to establish that. MS. BOICE: Well, we find that the Town .... SUPERVISOR HORTON: And quite frankly, ma'am, we have worked very well with the League and we look forward to continuing working well with the League. We are working diligently on creating a new animal shelter because we have heard and we have been convinced of the need for that. And we have not wavered in that effort one small bit. Then money that was due to the League or was put in the League, mentions the League. It never mentions the Town. That money was not coming to Southold Town and we have ..... MS. BOICE: But a decision has not been made on that money in the Surrogates Court. SUPERVISOR HORTON: Right and quite frankly, ! don't know why it is in court. ! don't know why it is in court, ! don't know why that will or that bequest is in court and subject to a judges opinion. And ! do not, ! will say again, this is not the forum to push the Town Board into giving you an answer this evening. That is not how we want to do business, that is not how we want to move forward in a positive fashion, creating and building, funding and building a new shelter. If the League wants to join with us in raising funds, we are more than welcome to embrace the North Fork Animal Welfare League in fundraising efforts to build a new animal shelter, be happy to have those discussions. Discussions will be held moving forward about the creation of the new shelter and whether what is proposed in the Troxel pavilion that you proposed may be accommodated in the new shelter altogether. There are a lot of things at play here and ! want to say very respectfully, very respectfully, that this right here, asking for a roll call vote as to whether the Town Board is going to support a matter that is in the court right now is not the forum. MS. BOICE: Well, you know, we don't get any kind of vibes from the Board at all. And there is a time constraint here. SUPERVISOR HORTON: Quite frankly in the past 29 days, our focus, you know what our vibes have been? Our vibes and our focus have been on building a new animal shelter, for all the animals that you mentioned and rightfully so. That is where our focus has been. And forgive us, please, if our attention has been completely and utterly focused on creating a new animal shelter. Forgive us for that. MS. BOICE: Okay, I forgive you. June 29, 2004 Southold Town Board Meeting 41 SUPERVISOR HORTON: But that is where our focus has been and that is where all of our energy and all of our resources have been focused. MS. BOICE: Yes, ! do appreciate. ! was at the work session this morning. SUPERVISOR HORTON: And that is what we have been spending our time discussing and focusing on. MS. BOICE: Yes, but there still is the question of the Troxel pavilion and the bequest. SUPERVISOR HORTON: Exactly and that is in court, that was designated to the North Fork Animal Welfare League not to the Town of Southold. MS. BOICE: Excuse me? What did you? SUPERVISOR HORTON: ! said, that money, as ! understand it, was designated to go to the North Fork Animal Welfare League. Not to the Town of Southold. MS. BOICE: Well, we are not sure. Because you did ask for that money. You did ask for that money. SUPERVISOR HORTON: Quite frankly, out of an accommodation to the League and if this is the forum you are going to choose, if this is the forum you are going to choose to beat us into submission .... MS. BOICE: Not beat you into anything. SUPERVISOR HORTON: ...to go along with the Troxel estate, it is not going to work. MS. BOICE: Don't use that kind of language. SUPERVISOR HORTON: Our focus, and believe me, Barney and Anna, ! love them dearly, we have worked very hard with them and everybody who comes to these meetings on one side of the fence or on the other side of the fence, the focus is, let's get a shelter built. Regardless of what one's view of the League leadership or Pamela Mann or all these other players that are involved. We are the focal point, we are the centerpiece, if you will, of getting the new animal shelter built. And that is the discussions this Board wants to have. That is open and closed, ! think, that is the discussion and the direction of the Town Board. MS. BOICE: But listen, we are open to .... SUPERVISOR HORTON: If you are here to one on one ask us to roll call vote, on whether or not we are going to support your plan for the Troxel pavilion, that is not happening here in this room. This is an inappropriate forum. MS. BOICE: The question is really, will the Town allow a private organization, North Fork Animal Welfare League, to build on town property. That is the question. June 29, 2004 Southold Town Board Meeting 42 SUPERVISOR HORTON: There are a lot of questions, actually and those questions need to be answered. MS. BOICE: The thing is, there is time involved and if we don't .... SUPERVISOR HORTON: And there is time involved in getting the new shelter built and quite frankly, with everything else that we are working on in town and you have heard it all this evening, you know, all the different things we are working on .... MS. BOICE: Yeah but you gave a lot of people a lot of time and ! am asking for a little bit of time and you are really shutting me up. SUPERVISOR HORTON: Excuse me. ! am not shutting you up. MS. BOICE: Yes, you are. SUPERVISOR HORTON: No, ! answered your questions. MS. BOICE: It is my understanding that the Town really would have preferred to have that money themselves. SUPERVISOR HORTON: You know what ! would have preferred, to be honest with you? ! would have preferred that money went right to the League, never mentioning the Town. MS. BOICE: But that is not what you ..... SUPERVISOR HORTON: But for some reason, the League has asked the Town to be helpful in that matter and ! am going to tell you how ! feel, ! feel like in trying to be helpful, we have been smacked in the face. MS. BOICE: No. SUPERVISOR HORTON: And it has put this entire Board in a very uncomfortable situation and the position we are in now is very different than the position we want to be in. And the position we want to be in is free and clear of controversy for the focus, for the focus of building a new animal shelter. MS. BOICE: Well, sure. Me, too. Yes. Well, we did ask ..... SUPERVISOR HORTON: That is where we want to be. And if you can get the money, god bless you, ! think it is great that the League was named in that bequest and if the League can get that money, then fantastic. My hat is off to you. MS. BOICE: Can ! clarify something here? We did have a meeting with you, ! don't know how long ago, and we asked for your support in getting the Troxel bequest. And we thought that the Town would write an affidavit to the Surrogate's court, saying that. But as it turned out, the Town asked first June 29, 2004 Southold Town Board Meeting 43 if they could have the money because they were kind of a humane organization, which is really beyond the pale and secondly .... SUPERVISOR HORTON: If that is beyond the scope, then why are we proposing a $2,000,000 animal shelter if we are not remotely a humane .... MS. BOICE: But this is to separate items. SUPERVISOR HORTON: Excuse me, ma'am. We are committed to, and rightfully so, because think it is important, committed to a no-kill shelter that is of adequate standing. MS. BOICE: Yeah. But at the same time, there is a bequest and there is a time constraint here and that is what, we certainly are in line with you on the building of the shelter and we are totally in support of what is going on with the Jamie Richter and Dennis Bradley and ! think it is great and it is a work in progress and it is a great start, no question about it. but aside from that, there is also the matter of a $300,000 bequest which we are afraid that we will lose .... SUPERVISOR HORTON: Why will that money not just be given to you? You were the only people named in it. MS. BOICE: No, because there were others. Kent and ..... SUPERVISOR HORTON: As far as ! could tell, you were the only people named in it and ! don't understand why they just wouldn't give it to you. MS. BOICE: ! know but the Town asked for it first and then they also said... SUPERVISOR HORTON: No, but prior to all of that. MS. BOICE: Even the Morelli-Raynor Foundation, you asked that they would be the second ones to get that money and we were a lame third. SUPERVISOR HORTON: We put together.., no, that is not at all the situation. MS. BOICE: Well, gee, that is the way it reads in your affidavit. SUPERVISOR HORTON: Well, ! am sorry that you read it in that way. But you know what? The Town has very much worked in good faith, very much in a committed fashion to do right by the animals. The animals. MS. BOICE: ! hope so. ! agree. SUPERVISOR HORTON: In fact, we have spent so much time working for the good of the animals that ! agree that it is just time to get off of first base and run to second and build a new shelter and that is the direction we want to go. June 29, 2004 Southold Town Board Meeting MS. BOICE: We are ready to do that anytime. SUPERVISOR HORTON: MS. BOICE: Okay. SUPERVISOR HORTON: Thank you. MS. BOICE: You want the last word? 44 We have been off first base a long time. And we are committed to getting home. SUPERVISOR HORTON: ! just want no more words on the controversy of the animal shelters and everything else. Yes, ma'am. MS. SCHNOOR: Just one quick thing, ! am not asking for a vote but don't you think a pavilion like that would be a great idea? Did you see the drawing of the pavilion? SUPERVISOR HORTON: ! am not quite sure how ! feel about it, to be honest with you. MS. SCHNOOR: Did you see the drawing of it? SUPERVISOR HORTON: ! have seen the proposal, yes. MS. SCHNOOR: Right. ! mean, don't you think that would be wonderful? This is a service that you don't have, that the Town doesn't have to provide and pay for. The League will provide it and pay for it. ! mean, you know, ! think that is the best thing ! have heard since, ! don't know what. ! mean it is the first time we have something concrete that we can work along with the shelter. SUPERVISOR HORTON: Okay. MS. SCHNOOR: We are not talking about building the shelter, that is your job. But if we can have that pavilion and the shelter, my god, you know, that would be wonderful. Do you know that we have meals on wheels? Do you know that we have that? SUPERVISOR HORTON: ! am well aware of that program. MS. SCHNOOR: Okay, that is wonderful. We go to the nursing home, we go to school. Believe me, ! know a lot of other shelters and they don't have anything like that. Nothing. We are a super shelter and ! want to stay that way. Thank you. SUPERVISOR HORTON: Yes. Thank you very much. We will adjourn the meeting until 8:00 P.M. We have two more public hearings. Actually, we will recess. For the record. Moved by Supervisor Horton, seconded by Councilman Ross, it was RESOLVED that this General Meeting of the Southold Town Board is recessed until the next public hearing at 8:00 P.M. June 29, 2004 Southold Town Board Meeting 45 Vote of the Town Board: Aye: Councilman Edwards, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Councilman Ross, Councilman Wickham, Public hearings resumed at 8:00 P.M. SUPERVISOR HORTON: As it pertains to the AHD legislation, ! don't think it is a substantial change and ! think it could be incorporated this evening, was the point that Cathy Tole made about the 50%. It should say, 'at least 50%' and ! think that was the intention. So for the record, if that could be added. TOWN ATTORNEY FINNEGAN: Yes. Yes, Josh, the results of the change in the earlier, about the standard for the Planning Board, consistent with town law. SUPERVISOR HORTON: Okay, very well. #52O Moved by Councilman Wickham, seconded by Councilman Edwards, WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of June, 2004 a Local Law entitled "A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code of 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 Amendments to the Affordable Housing District {AHD} in the Code of the Town of Southold" reads as follows: LOCAL LAW NO. of 2004 A Local Law in relation to Amendments to the Affordable Housing District (AHD) in the Code of the Town of Southold BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: SECTION 1. PURPOSE. The purpose of this Local Law is to clarify the procedures and provide for certain incentives for an applicant seeking a change of zone to Affordable Housing District (AHD). The amendment will allow accessory apartments in the zone, which will create more affordable housing opportunities and help purchasers offset the expenses of housing. Further, the amendment includes provisions for covenants and restrictions that will ensure perpetual affordability of all homes within the district. The amendments set forth in this Local Law apply only to development in an AHD District after June 1, 2004. SECTION 2. CODE AMENDMENT. Chapter 100 of the Town Code of the Town of Southold is amended as follows ARTICLE V, Affordable Housing (AHD) District § 100-50. Purpose. The purpose of the Affordable Housing (AHD) District is to provide the opportunity within certain areas of the town for the development of high-density housing for families of moderate income; and further, to do so with sensitivity to the historic and aesthetic character of the Town's existing neighborhoods. Towards that end. the Planning Board shall have the authority to amend certain June 29, 2004 Southold Town Board Meeting 46 setback and other specifications in order to ensure cost efficiencies and design that furthers the Town's goals of providing quality workforce housing. Homes located within the Affordable Housing District are intended to be affordable in perpetuity. The amendments set forth in Local Law 13 of 2004 apply only to development in an AHD District after June 1, 2004. § 100-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: CONSUMER PRICE 1NDEX -- The consumer price index as published by the United States Department of Labor, Bureau of Labor Statistics, for the New York Metropolitan area. CONVEYANCE -- The transfer or transfers of any interest in real property by any method, including but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. MODERATE-INCOME FAMILY -- A family registered with the Town of Southold Housing Registry_ whose aggregate annual income, including the total of all current annual income of all family members [excluding the earnings of working family members under age eighteen (18)~] from any source whatsoever at the time of application for the purchase or lease of an affordable housing unit or the purchase of an unimproved affordable lot, does not exceed 120% of the HUD median income for the County of Suffolk. ~8; ......... ;c, 8`4 ~, ...... ,.~;~, ~c~8 T ..... r~`4 MODERATE-INCOME FAMILY DWELLING UNIT -- A dwelling unit reserved for rent or sale to a moderate-income family and for which the maximum monthly rent (excluding utilities) or the maximum initial sales price does not exceed the maximum rent or maximum sales price set forth in § 100 56E h f. T ...... · d'c~!th'~hous~ [Amended 12-22-1992 by L.L. No. 34-1992] MODERATE-INCOME FAMILY UNIMPROVED LOT -- An unimproved lot reserved for sale to a moderate-income fam and for which the maximum initial sales price, · ..................... ..... ;`4; ..... ~,~; ..... · ....`4/ ..... ~,~; ............. ;~8 ,~ ,h8 ~, does not exceed the maximum sales price set forth in § 100-56E hereof. Said "unimproved lot" shall mean a vacant parcel of real property designated as a lot on a filed map, inclusive of all utilities brought to the property line. [Amended 12- 22-1992 by L.L. No. 34-1992] PERMANENT FIXED IMPROVEMENT -- An improvement to a lot or a moderate-income family dwelling unit which cannot be removed and which provides value to the property above and beyond repairs done to maintain the property in good condition. A permanent fixed improvement must be approved in advance of construction or installation in writing by the Special Projects Coordinator. SPECIAL PROJECTS COORDINATOR: Employee of the Town who is responsible for the development, implementation and coordination of the Housing Registry and affordable housing initiatives for the Town of Southold.. June 29, 2004 47 Southold Town Board Meeting § 100-52. Applicability. AHD Districts shall be established by the Town Board ~;~,;~. ,~ ~.~ T ..... D ~ ......... · ~ .............................. ~ ...... that have been identified throush the accepted principles of Sma~ 6ro~h plannin$ as bein$ appropriate and desirable locations for affordable housing Such locations include, but are not limited to: land within Hamlet Locus Zones~ as may be determined by the Town Boar& land within walkin$ distance of se~ices~ shops~ schools~ and public transpo~atiom land that adjoins existin$ centers of business and residential development (as opposed to land adjoinin$ firm and open fields): and other locations where the project has been shown to meet a demonstrable need. ~ Districts shall ~..~; ~"~ ...; ..... o~..~ ~..~.~+~ .......... ~.~o ~o o..~..~n be designated by Town Board resolution after a public hearing thereon, upon ten (10) days' notice thereof by publication in the official town newspapers. ~ 100-53. Use regulations. In the ~ District, no building or premises shall be used and no building or pa~ of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in pa~, for any use except the following: A. Permitted uses. (1) One-family detached dwelling which shall be occupied by the owner of the dwelling, or may be leased one time by the owner for a period not gremer than two (2) years with written approval of the Special Projects Coordinator. (2) Two-family dwellings which shall be occupied by the owner of the dwelling, or may be leased one time by the owner for a period not greater than two (2) years with written approval of the Special Projects Coordinator. (3) Multiple Dwellings, (4) Row or Attached Dwellings (5) Apa~ments are permitted within the principal building only, subject to the following requirements: (a) The accessory apa~ment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year round occupancy to an eligible person as defined by this legislation and as evidenced by a written lease for a term of one or more years. (c) The apa~ment shall contain not less than three hundred and fifty square feet and shall not exceed a square footage equal to one half the total enclosed square footage of the principal dwelling and shall not comain more than one bathroom. (d) A minimum of one off-street parking space shall be provided. (e) Not more than one accesso~ apa~ment shall be provided per single family dwelling. ~ Not more than fifty percent (.50%) of homes in an approved ~ shall have accesso~ apa~ments. B. Accessory uses. Accesso~ uses as set fo~h in and regulated by ~ 100-3 lC(l), (2), (3), (4), (6) and (7) of this chapter. ~ 100-54. Bulk, area and parking regulations. June 29, 2004 Southold Town Board Meeting 48 the AHD District unless the same conforms to the following Bulk, BULK, AREA AND PARKING SCHEDULE No building or premises shall be used and no building or part thereof shall be erected or altered in Area and Parking Schedule: Single-Family Two-Family Multiple Dwellings Dwellings Dwellings 10,000 20,000 40,000 80 100 150 100 140 200 35 35 45 15 15 20 25 30 40 35 35 45 850 600 600 2 2 2 10,000 10,000 10,000 20% 25% 25% 35 35 35 2~A 2~A B. The Planning Board shall have the authority to reduce or amend yard setback requirements, lot dimension requirements and highway specifications. In making this decision, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider; (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than the sought variance; (3) whether the variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self- created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. This provision supercedes and amends New York State Town Law §267, 267-a, b and c. insofar as these sections give such authority to the Zoning Board of Appeals. Any amendment to highway specifications shall meet with the approval of the Highway Superintendent. § 100-55. Application procedure. B.A..Application and Fees. The application for rezoning shall be filed with the Town Clerk, in a form approved by the Town Board and available in the office of the Town Clerk. Fees applicable to the AHD zoning application shall be set by resolution of the Town Board. A.B. Application procedure. The procedure for ~; .... ~ ~;~ _ ~, ......... ~ ........... ~ approval of any future development in a proposed AHD District shall involve a three-stage review process as follows: (1) Approval by the Town Board of a preliminary development concept plan. (2) Approval of the final, detailed subdivision plat by the Planning Board.* (3) The zoning reclassification by the Town Board of a specific parcel or parcels of land for development in accordance with that plan.* *NOTE: The town shall, in all instances, process Subsection AB_(2) and (3) above concurrently so as to enable the municipality to utilize a single SEQRA process and conduct a coordinated review of the entire application. Minimum Requirements Total lot area (square feet) Lot width (feet) Lot depth (feet) Front yard (feet) 1 side yard (feet) Both side yards (feet) Rear yard (feet) Livable floor area (square feet per dwelling) Off-street parking spaces (per dwelling) Land area (square feet) per dwelling unit) Lot coverage (percent) Building height Number of stories June 29, 2004 Southold Town Board Meeting 49 June 29, 2004 Southold Town Board Meeting 50 C. Referral to Planning Board. Upon the receipt of a properly completed application for the establishment of a new AHD District, one (1) copy of the application shall be referred to the Planning Board for its review and report, and one (1) copy shall be referred to the Suffolk County Planning Commission for its review and recommendation, if required by the provisions of the Suffolk County Charter. Within sixty (60) days from the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the Planning Board review period, whichever first occurs. Said review period may be extended by mutual consent of the Planning Board and the applicant. D. Planning Board report. The Planning Board, in its report to the Town Board, may recommend either approval of the application for the establishment of the AHD District, with or without modifications, or disapproval of said application. In the event that the Planning Board recommends disapproval of said application, it shall state in its report the reasons for such disapproval. In preparing its report and recommendations, the Planning Board shall give consideration to the Town Master Comprehensive Plan, the existing and permitted land uses in the area, the relationship of the proposed design and location of buildings on the site, traffic circulation, both on and off the site, the adequacy and availability of community facilities and utilities, including public water and public sewer systems, to service the proposed development, compliance of the proposed development with the standards and requirements of this Article, the then-current need for such housing and such other factors as may be related to the purposes of this Article. E. Town Board public hearing. Within forty-five (45) days from the date of the Town Board's receipt of the Planning Board's report and recommendation or the expiration of the Planning Board review period, whichever first occurs, the Town Board shall hold a public hearing on the matter of establishing an AHD District on the property described in the application. Such hearing shall be held upon the same notice as required by law for amendments to the Town Zoning Map and/or Zoning Code. F. Town Board action. (1) Within forty-five (45) days after the date of the close of the public hearing, the Town Board shall act either to approve, approve with modifications or disapprove the preliminary development concept plan and the approval or disapproval of the establishment of the AHD District applied for. Approval or approval with modifications shall be deemed as authority for the applicant to proceed with the detailed design of the proposed development in accordance with such concept plan and the procedures and requirements of this Article. A copy of the Town Board's determination shall be filed with the Planning Board and a copy mailed to the applicant. A copy shall also be filed in the Town Clerk's office. If such determination approves the establishment of a new AHD District, the Town Clerk shall cause the Official Zoning Map to be amended accordingly. (2) Revocation; extension. (a) Upon request to the Town Board on notice to the applicant and for good cause shown, the establishment of an AHD District may be revoked eighteen (18) months after said Town Board approval thereof if work on the site has not commenced or the same is not being prosecuted to conclusion with reasonable diligence. June 29, 2004 Southold Town Board Meeting 51 (b) The Town Board, upon request of the applicant and upon good cause being shown, may, in the exercise of its discretion, extend the above time period. In the event of the revocation of approval as herein provided, the AHD District shall be deemed revoked, and the zoning classification of the property affected thereby shall revert to the zoning classification that existed on the property immediately prior to the establishment of the AHD District thereon, and the Town Clerk shall cause the Official Zoning Map to be amended accordingly. G. Subdivision plat approval by the Planning Board. (1) No earthwork, site work, land clearing, construction or development activities shall take place on any property within an AHD District except in accordance with a site plan approved by the Planning Board in accordance with the provisions of this Article and in accordance with the procedures and standards for site plan approval as set forth in Article XXV of this chapter. (2) Where a proposed development involves the subdivision or resubdivision of land, no development shall proceed until the Planning Board has granted final subdivision plat approval in accordance with the provisions of Chapter Al06, Subdivision of Land, of the Town Code. § 100-56. General regulations and requirements. ...... ~:~ ,~ :,,~,, ~,~ .......... r,~:~ n~:~ The Town Board shall require the recording of covenants and restrictions that shall apply to all real prope~y within the ~D District. The covenants and restrictions shall contain terms and conditions as the Town Board and Planning Board deem necessary to insure the property is used for purposes consistent with the purposes for which the AHD zoning classification was created, and they shall be subject to the approval of the Town Attorney. The covenants and restrictions shall include the following: 1. An owner of an improved or unimproved parcel of property within the AHD District shall, at least thirty (30) days prior to entering into an agreement or contract to convey the parcel, provide a copy of the proposed contract to the Town Clerk with a written notice of the owner's intent to enter into the contract. The Town Clerk shall forward a copy of the owner's notice of intent and the proposed contract to the Town Board and Special Projects Coordinator. Within twenty (20) days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the sale comply with the provisions of this Chapter relating to the resale of AHD parcels. That an improved or unimproved parcel of property within the AHD District shall not be conveyed without written approval of the Southold Town Board. The leasing of an improved or unimproved parcel of property or portion thereof shall be by written lease. An owner of an improved or unimproved parcel of property within the AHD District shall, at least fourteen (14) days prior to entering into a lease with regard to said parcel, provide a copy of the proposed lease to the Town Clerk with a written notice of the owner's intent to enter into the lease. The Town Clerk shall forward a copy of the June 29, 2004 Southold Town Board Meeting 52 owner's notice of intent and the proposed lease to the Town Board and to the Special Projects Coordinator. Within seven (7) days of receipt of the owner's notice of intention, the Town shall notify the owner in writing as to whether or not the terms of the lease comply with the provisions of this Chapter relating to the leasing of AHD parcels. 5. An owner of an improved or unimproved parcel of property within the AHD District shall not lease the property without obtaining the written approval from the Town of Southold. C. Provision for moderate-income family dwelling units and unimproved lots. (1) On land within an AHD District ~-~;-;-~ ~ each dwelling unit and/or unimproved lot located therein shall be reserved for sale or lease to moderate income families registered with the Town of Southold Housing Registry. moderate ~ncame fam~!~es. At least fifty percent (50%). . of available homes shall be offered for sale or lease to eligible applicants whose income does not exceed eighty percent (.80%) of the ~ median income for the County of Suffolk. D. Eligibility. In each ~, the sale or lease of dwelling units and unimproved lots shall be rese~ed for moderate-income families who ~ do not ~ad have any ownership interest in any other residence or vacant lot.~.c~- ,~.~ .... v~o~* five r~Jr<~ ...... J shall not exceed twenty- five (.25%) percent of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lotte~ system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: ........ v .... , .~ ~vv ....... , ............................ Income e e individuals or flmilies who have lived and worked in the Town of Southold for a period of at least one (1) year prior to the submission of their application. (2) Income eligible individuals or flmilies who have lived in the Town of Southold for a period of at least one (1) year prior to the submission of their application. (3) Income eligible individuals/flmilies who have been employed in the Town of Southold for a period of at least one (1) year prior to the submission of their application. (4) Income eligible individuals/flmilies who previously lived for a minimum of one (1) year in the Town of Southold and wish to return. (5) To all other eligible applicants. E. The initial maximum sales price and maximum allowable monthly rent shall be set by resolution of the Town Board, as amended from time to time. F. Resale price of dwelling units and unimproved lots. (1) Dwelling units in an ~ District rese~ed for moderate-income flmilies ~ must be resold to moderate-income flmilies who are registered with the Special PrQects Coordinator as eligible and in need of housing. ~ ~the In an effo~ to ensure perpetual affordabilitv the maximum resale price ~ shall not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of such dwelling June 29, 2004 Southold Town Board Meeting 53 unit and such capital improvements plus reasonable and necessary resale expenses. All capital improvements require the approval of the Special Projects Coordinator who will submit such improvements to the Housing Advisory Commission for determination of: a) whether the capital improvement is warranted and b) if warranted, the value of appreciation to the property at time of improvement and c) the value (if any) upon resale. The Housing Advisory Commission will provide quarterly reports to the Town Board pertaining to AHD provisions (i.e. sales, resales, capital improvements, etc). (2) Unimproved lots in an AHD District reserved for registered moderate-income families ,may must be resold to moderate-income families;, pa~gded~hat+The maximum resale price does shall not exceed the purchase price of such lot adjusted for the change in the consumer price index for the period during which such lot was owned by the resale seller, plus reasonable and necessary resale expenses. (3) Where an unimproved lot in an AHD District reserved for moderate-income families is improved with a dwelling unit, the maximum resale price shall be determined in the manner specified in § 100-56F(1) hereof. V~.~ ~D ~.1~ D~+.~ D~+.~ A~er Purchase 1 st 0% 100% 2nd 20% 80% 3~ 40% 60% 4~ 60% 40% 5~ 80% 20% 6~ 90% 10% G. The pricing structure for rental properties must not exceed the rent limits as established bF the Suffolk Coun~ Affordable Housing Opportunities Program. The Town Board mar, at its discretion, impose restrictions regarding rentals. ~ 100-57. Administration. A. General duties of Special Projects Coordinator ~. (1) The Special Projects Coordinator ~ shall be responsible for the administration of dwelling units and unimproved lots resemed for moderate-income flmilies in all ~ Districts pursuant to the provisions of this ~icle. (2) The Special Projects Coordinator ~ shall promulgate and maintain information and documentation of all dwelling units and unimproved lots resemed for moderate-income flmilies in all June 29, 2004 Southold Town Board Meeting 54 AHD Districts; the number thereof available for sale or lease at all times; the sales prices and monthly rent for such dwelling units and lots; and the names and addresses of eligible families desiring to purchase or lease the same, together with a priority list of such families. The Special Projects Coordinator ~ shall maintain such other records and documents as shall be required to properly administer the provisions of this Article. B. Interagency cooperation. (1) Whenever the Town Board approves the establishment of an AHD District, a copy of such determination shall be filed with the Building Inspector and the Special Projects Coordinator/~4~, together with a copy of any agreements and/or covenants relating thereto. (2) Whenever the Planning Board approves a subdivision plat and/or a site plan affecting land within an AHD District, a copy thereof shall be filed with the Building Inspector and the Special Projects Coordinator/~4~, together with copies of any agreements and/or covenants relating thereto. (3) Whenever the Building Inspector shall issue a building permit, a certificate of occupancy or any other permit or authorization affecting dwelling units and/or unimproved lots located in an AHD District and reserved for sale or lease to moderate-income families, a copy thereof shall be filed with the Special Projects Coordinator ~ C. Procedure. (1) Whenever the Building Inspector receives an application for a building permit or a certificate of occupancy for a dwelling unit or unimproved lot located in an AHD District and reserved for sale or lease to moderate-income families, the Building Inspector shall file a copy thereof with the Special Projects Coordinator~, who shall inform the owner and/or person filing such application of the maximum sales price or monthly rent for such dwelling unit or lot as well as eligibility requirements for families seeking to purchase or lease such dwelling units or lots. (2) No building permit or certificate of occupancy may be issued by the Building Inspector until the Special Projects Coordinator ~ has supplied the Building Inspector with the information provided for in the preceding subsection and the Building Inspector determines that the issuance of the building permit or certificate of occupancy will not permit a use, occupancy, sale or lease of a dwelling unit or unimproved lot in violation of the provisions of this Article. (3) The Special Projects Coordinator ~ shall certify the eligibility of all applicants for lease or purchase of dwelling units and unimproved lots reserved for moderate-income families. An owner of dwelling units and unimproved lots in an AHD District which are reserved for sale or lease to moderate-income families shall not sell or lease the same to any person who does not possess a certificate of eligibility issued by the Special Projects Coordinator~. A violation of the provisions of this subsection shall constitute grounds for the revocation of a certificate of occupancy. (4) On or before March 31 of each year, the Special Projects Coordinator ~ shall notify the owner or manager of dwelling units and unimproved lots reserved for moderate-income families of the monthly rent, sales price and income eligibility requirements for such units and lots based upon data derived from the preceding year. (5) The owner or manager of dwelling units and unimproved lots reserved for moderate-income families shall certify in writing to the Special Projects Coordinator~ on or before May 31 of each year, that the sale and/or lease of such dwelling units and lots comply with the provisions of this Article and Chapter 100 of the Town Code. (6) When a dwelling unit reserved for lease to moderate-income families is to be rented, the lease for such unit shall not exceed a term of two (2) years. June 29, 2004 Southold Town Board Meeting 55 (7) An applicant for a certificate of eligibility aggrieved by any determination of the Special Projects Coordinator ~ shall have the right to appeal such determination to the Town Board at its next regularly scheduled work session or to any standing committee of the Town Board designated by resolution to hear such appeals. [Added 12-28-1990 by L.L. No. 31-1990] (8) The only covenants and restrictions which may even be placed upon any lot or dwelling unit in an AHD District must be first approved by action of the Town Board. [Added 12-22-1992 by L.L. No. 34-1992] § 100-58. Applicability of other Code provisions. All of the provisions of the Code of the Town of Southold not inconsistent or in conflict with the provisions of this Article shall be applicable in the AHD District. § 100-59. Penalties for offenses. [Added 12-22-1992 by L.L. No. 34-1992] Any violation of any provision of this Article shall be punishable in the following manner: A. First offense: by a fine of not less than one thousand dollars ($1,000.) nor more than five thousand dollars ($5,000.). B. Second offense and for any offense thereafter: by a fine of not less than five thousand dollars ($5,000.) and not more than ten thousand dollars ($10,000.) for each offense. C. Any offense under this Article may be punishable by revocation of an existing Certificate of Occupancy. D. Any individual who has violated Covenants and Restrictions imposed pursuant to this Article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. COUNCILMAN ROMANELLI: ! do throw on the table that in respect to some of the comments made here tonight that, and in no way disrespectful of the work that we did and what we have here in the legislation, that we step back and we hold off this vote, two more weeks, three more weeks, until we can, as a Board-at least as a Board, discuss some of the comments that came forward. COUNCILMAN EDWARDS: ! would just like to comment before ! vote. ! have commented already but ! will comment a little bit more. That this is enabling legislation, that any goal of a program has to be that it be affordable now, affordable in the future, and that it have fair and equitable eligibility standards. We have spent a lot of time on this legislation in meetings, all of which were open to the public, we have heard about other solutions tonight and we will certainly, obviously those will also be under consideration but there is nothing in this legislation that gets in the way of other solutions. Last month this Board enacted a new housing fund and ! was very proud a couple of days later to read an editorial in Newsday about the little town that could. ! am very proud of living in a little town that could. You cannot have a good affordable housing program, an effective one, that doesn't have a structure. What you have then is sort of deals, which is what we have had in the past. They have produced nice houses but they didn't retain affordability and they have the perception in the community and ! know this because ! have heard this from dozens and dozens of people that they were unfairly allotted, even though ! don't believe that probably was the case. ! am proud to add my vote to making a foundation for a permanent affordability program in this Town and ! vote yes. COUNCILMAN ROMANELLI: This is a hard vote, ! am going to vote no, only because ! would like to confer with my Board. But ! am not voting no because ! think this legislation is poor. ! think we have a lot of good stuff into it. ! don't agree with all comments that were made tonight about the writing of the legislation and what is in it. ! agree with some comments that came forward so, you know, it is a tough vote for me. ! am voting no only because ! would like to confer with the Board but again, it is not a knock of the work that was done on this legislation at all. June 29, 2004 Southold Town Board Meeting 56 SUPERVISOR HORTON: ! want to, first, before ! vote, thank every member of the Board, members of the community that have come out this evening and other evenings past and also the long road that has been, and ! think many of you maybe even members of the Board aren't aware of the long road that was traveled in crafting this legislation because it started two years ago when ! was first on the Board, and John, you brought these recommendations forward and you also brought them forward again in November and there was a lot of discussion from the public at that point in public meetings about enacting the changes to the AHD code that you brought forward and ! agreed with them at that point and ! still agree with them. Because ! thought that they were very good and ! thought you put a lot of effort into it. ! do think that what was mentioned about what hamlet and where and it shouldn't be an arbitrary developer driven pick. The Town is committed to working with the Community Land Trust, ! attend their meetings as often as ! can, we specifically included the Community Land Trust in our housing fund legislative language, ! actually appointed Philip to work with the Community Land Trust in Southold Town and ! think we will yield some positive results out of that. And ! also think Mr. Blum's comment about existing stock are 100% appropriate. And ! just want to recognize some of the work that the Town Board has done last year, on a Board that some could loosely say was riddled with disagreement from time to time but one thing we all came together on was your point exactly and that is, what about allowing apartments in the hamlet business and business zones? So we did that. We created that legislation to allow for that because having apartments about stores, it makes a lot of sense. And it is a good idea, so we enacted it. And then followed it up with a low interest loan program from North Fork Bank. And that wasn't North Fork's idea. ! went to John Kanas and said, 'can you do this?' And he said, '! will put up $1,000,000.' ! don't know how many people have tapped into that, ! don't keep up with their bookkeeping but to your point, it is a good idea and to the extent that we can utilize either our housing fund or county funding or state funding or federal funding to promote affordable housing in existing stock, ! will do that and ! have been doing that and in fact, ! really have been promoting that largely. Melanie, you were in my, before ! moved to this latest apartment, you were in my apartment in Sterling Cove condominiums when ! was there in a seasonal rental. Sitting with me in my living room. ! made you espresso. Sitting in my living room talking about Community Land Trust and existing stock, and you know what? We had some really good points come out of that and we have implemented all of those ideas in various ways through our commitment to the Land Trust. And anything that we can do, our housing fund, again, can assist in the existing stock. We are committed to all of that. There are several roads that we are traveling down in trying to address this. Tonight, in adopting this, presuming ! vote yes, tonight in adopting this, we are not creating new, affordably housing. We are cleaning up old legislation that created affordably housing that didn't stay affordable. And we can disagree philosophically on whether affordable housing should stay affordable or not and ! have met a departure in my own political philosophy in restricting, mandating affordability but you know, as a, ! really feel that ! carry a very strong and sacred burden to looking out, not only for the people who are here today but for the people who are here tomorrow and ! just think that affordability in the long term has to be part of any of our programs. Because we can't build our way out of this. We are preserving land out in the farm belt. We just approved how many acres tonight? We keep purchasing farmland, we keep preserving open spaces, so ! think that this legislation is well researched, ! think that it is going to make a marked difference in the future in the way affordable housing is addressed in Southold Town and ! think as we move forward with our hamlet groups, which we have a broad range of people joining us on those groups, ! think and ! would hope and we will implore the hamlet groups to look at this legislation, and in designing the hamlet areas, perhaps recommend where this legislation fits and where it doesn't. Because we are not running roughshod over this Town, we are carefully, carefully plotting a course for the future and that June 29, 2004 Southold Town Board Meeting 57 does include preservation and that does include affordable housing and it takes into account the responsibility we have to all of our constituents. So I proudly vote yes on this legislation and commend the Board for putting it together and thank you for coming to this. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Supervisor Horton. No: Councilman Romanelli. This resolution was duly ADOPTED. (The Town Board voted on resolution #520 immediately after the conclusion of the public hearing and then moved on to the Damianos/Merlot Waiver public hearing and voting.) #519 Moved by Councilman Wickham, seconded by Councilman Edwards, WHEREAS, the Town Board of the Town of $outhold held a public hearing on the question of the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Dorset Farms, Inc. on the 29th day of June, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elij ah's Lane at its intersection with Oregon Road (North Road), in Mattituck; and WHEREAS, the development rights easement comprises approximately 31.5 acres of the 33 acre parcel. The exact area of the development rights easement is subject to the survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the property is adjacent to active farms, and in the vicinity of other farms on which either the Town or the County have purchased the development rights; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code; and WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre. This purchase may be eligible for partial reimbursement from a grant from the 2003 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture and Markets; and WHEREAS, the Town Board deems it in the best public interest that the Town of $outhold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on part of a certain parcel of property of agricultural lands owned by Dorset Farms~ Inc, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road) in Mattituck. The development rights easement comprises approximately 31.5 acres of the 33 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for partial reimbursement from a grant from the 2003 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture and Markets. SUPERVISOR HORTON: Good job to our Land Preservation Committee. Over the course of this evening we heard a tremendous amount about land preservation and people stood up and made several June 29, 2004 Southold Town Board Meeting 58 points about their views on preservation and some of the legislation we are moving forward tonight, yet nobody took the opportunity to stand up and say yet again, another farm in Southold Town preserved by the good work of the Southold Town agencies and the good will of the people in Southold Town who continuously approve farmland preservation initiatives. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. Moved by Councilman Ross, seconded by Councilman Romanelli, it was RESOLVED that this Town Board meeting be and hereby is declared adjourned at 10:45 P.M. Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham, Councilman Romanelli, Supervisor Horton. This resolution was duly ADOPTED. SUPERVISOR HORTON: will see you soon. This meeting is concluded. Thank you for being here this evening. We Elizabeth A. Neville Southold Town Clerk