HomeMy WebLinkAboutTB-11/16/2004SOUTHOLD TOWN BOARD
REGULAR MEETING
November 16, 2004
4:30 P.M.
A Regular Meeting of the Southold Town Board was held Tuesday, November 16, 2004 at the
Southold Town Hall, Southold, New York. Supervisor Horton opened the meeting at 4:30 P.M. with
the Pledge of Allegiance to the Flag.
Present: Supervisor Joshua Y. Horton
Justice Louisa P. Evans
Councilman John M. Romanelli
Councilman Thomas H. Wickham
Councilman Daniel C. Ross
Councilman William P. Edwards
Deputy Town Clerk Linda J. Cooper
Town Attorney Patricia A. Finnegan
SUPERVISOR HORTON: Welcome to the November 16th, 4:30 P.M. public meeting of the Southold
Town Board. Please rise and join with me in the Pledge of Allegiance to the Flag. If we could remain
standing for a moment, to have a moment of silence of recognition in memorial, the passing of an 18
year veteran of the Town of Southold Mrs. Caroline Smith from Greenport, who worked with us for 18
years at the Human Resource Center, who provided a tremendous, tremendous service to the senior
citizens and to the Town of Southold for that time. Thank you. We have several items on the agenda
this evening including two public hearings that commence at 5:00 P.M. We have several portions over
the course of the meeting for which the public to address the Town Board. First being prior to the
reading or voting on any of the resolutions that are on the agenda. As well, we off'er the floor to the
public over the course of each public hearing and in addition to that prior to the conclusion of the
meeting for residents to address the Board on other town related items or of importance to them. We
have reports, public notices and communications available for the public's review at the Town Clerk's
Office Monday through Friday they are open, 8:00 A.M. to 4:00 P.M. And in regard to
November 16, 2004 2
Southold Town Board Meeting
communications, I wanted to bring, I just want to give a little recognition to both the Department of
Public Works and the Highway Department. To both Jim McMahon and Pete Harris. We, over the
past year we have increased our efforts in regard to the Department of Public Works and providing
better access to our beaches. Also, cleaning up many of our road ends in addition to shaping up many
of the town facilities. Some of those include, upgrades have been made here, our Town Hall Annex,
which most of that, all of the physical construction of that interior was handled in house.
Improvements made to the Police Department and other facilities but most recently, the Department of
Public Works completed two road end improvements. I am going to note two of many, actually. This
one I just want to point to is up at Horton's Point, at the Lighthouse, Horton Point Lighthouse and this
was if you can see, this is the before and you can see at the road end, where the parking lot is and the
beach access to the steps at the tip of Horton Point, was, there was a big chain link fence there with a
lot of shrubbery and vines growing up around it and you just couldn't, there was no view of the Sound
and what good is living right next door to the Sound if you can't see it? So the Department of Public
Works actually put up a beautiful wooden guardrail and restored the view shed there. And what we
found, they did that also with 67 Steps in Greenport and what we found in the past year is, if you make
these types of improvements often times issues of litter and mistreatment of those areas is mitigated
just by the enhancements made to the area. So, I just wanted to say thanks to the Department of Public
Works and also to Pete Harris, who really committed themselves to these types of improvements. And
without further ado, we will get moving right along with our agenda.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the following Town bills be and hereby are ordered paid: General Fund Whole
Town bills in the amount of $312,698.49; General Fund Part Town bills in the amount of $26,427.35;
Risk Retention Fund bills in the amount of $414.20; Highway Fund Part Town bills in the amount of
$176,426.79; Capital Projects Account bills in the amount of $144,082.01; Community Preservation
Fund bills (2% tax) bills in the amount of $10,617.56; New London Terminal Project bills in the
amount of $333,695.17; Employee Health Benefit Plan bills in the amount of $13,044.92; Fishers
Island Ferry District bills in the amount of $19,675.92; Refuse & Garbage District bills in the amount
of $22,189.69; Southold Wastewater District bills in the amount of $9,638.03; Fishers Island Sewer
District bills in the amount of $688.85; Southold Agency & Trust bills in the amount of $4,151.03 and
Fishers Island Ferry District Agency & Trust bills in the amount of $601.13.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Moved by Justice Evans, seconded by Councilman Wickham, it was
RESOLVED that the next Regular Meeting of the Southold Town Board be held Tuesday, November
30, 2004 at 7:30 P.M. at the Southold Town Hall, Southold, New York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
I. REPORTS 1. Recreation Department October 2004
2. Southold Town Justice Court, Evans October 2004
3. Southold Town Justice Court, Price October 2004
November 16, 2004
Southold Town Board Meeting
4.
5.
6.
3
Southold Town Justice Court, Bruer October 2004
Juvenile Aid Bureau October 2004
Town Clerk Monthly Report October 2004
II. PUBLIC NOTICES
1. Department of the Army, NY District, Corps of Engineers notice of request of Richard Mullen
to construct a pile supported fixed timber pier, a ramp and a float secured by three pilings in
Long Creek, Shelter Island Sound, Town of Southold. Comments by November 30, 2004.
III. COMMUNICATIONS None
SUPERVISOR HORTON: At this point, I off'er the floor to residents who would like to address the
Board on specific resolutions. Mr. Carlin.
FRANK CARLIN: Good evening, ladies and gentlemen of the Board. Frank Carlin, Laurel. Let's see,
item 813. Is that item, is that to be bought? Are you going to buy that item?
SUPERVISOR HORTON: That is correct, we have approved the funding for that trailer, the waste-
haul trailer.
MR. CARLIN: Is that extra from this bond issue that you want to get passed tonight?
SUPERVISOR HORTON: No.
MR. CARLIN: That is separate?
SUPERVISOR HORTON: That is correct.
MR. CARLIN: Mmmhmm. Back in 2002, there was a bond floated also of $3.5 million, I have the
copy of that notice home from the Town, the same one that was sent to us for last night's meeting and
on this one, you got one now for $3.25 million. Is that true that you had the other bond also in 2002?
SUPERVISOR HORTON: I think the one you are recalling is specific to the capping project, which
we are required to do under New York State order.
MR. CARLIN: But it was also part of the disposal plant, though.
SUPERVISOR HORTON: It was the capping of the landfill.
MR. CARLIN: Not all of it.
SUPERVISOR HORTON: The capping and the compost facility, which was all part of the capping
process.
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Southold Town Board Meeting
MR. CARLIN: Okay. But didn't the government also help you out with the capping of that, too,
though? Funding?
SUPERVISOR HORTON: Similar to the bond under resolution #815, we are eligible and have been
successful in receiving 50% reimbursement for any financial expenditures related to upgrading that
recycling facility.
MR. CARLIN: So in other words, within two years, you floated almost $7 million in bonds? The
taxpayers are going to be paying for, is that correct?
SUPERVISOR HORTON: In 2002, we did float a bond to cap the landfill and I will say it again, Mr.
Carlin, the landfill was ordered to be closed.
MR. CARLIN: I know that.
SUPERVISOR HORTON: We had no choice and there is only one way to close it up and it is not a
cheap way. And this, under #815, we held the public hearing last night, had actually a very good
public dialogue, a lot of important information I thought was brought forward, and this is in regard to
properly maintaining and rehabbing the transfer station.
MR. CARLIN: I understand that. What I am trying to drive at here ....
SUPERVISOR HORTON: And we are expecting 50% reimbursement for any costs related to the
recycling program.
MR. CARLIN: What I am trying to drive at here is the amount of money throughout the years and I
don't want to go through a list of things that was spent from 1998. I did that once before, I am not
going to do that tonight. Because the amount of taxpayers money that is being spent down there at that
recycling plant, I am trying to get that across to you.
SUPERVISOR HORTON: Okay and what I would like to, along, because that is an important point
that you raise and what we have done, working with John Cushman who is with us here this evening, is
we have established a funding stream or a funding mechanism for this bond that you are seeing on
#8157
MR. CARLIN: Yeah.
SUPERVISOR HORTON: We are expecting to oflket much of that cost with reimbursement from the
State as well as surpluses we realize through usage fees. So essentially in regards to the tax bill, what
we are shooting for is that you will see for the average household, approximately, starting out at $7 a
year over the course of 20 years, concluding with $2 a year, is what the tax bill will realize. And I
think it is a very important point to make.
MR. CARLIN: But you increased your fees on there this year, though, too, didn't you?
SUPERVISOR HORTON: That is correct. Garbage isn't cheap to move.
November 16, 2004 5
Southold Town Board Meeting
MR. CARLIN: That is right. That is why we shouldn't have that place.
SUPERVISOR HORTON: That wouldn't get rid of the garbage.
MR. CARLIN: I keep saying that place should have been closed in 1990. I am not going to change
my mind but I am not going to go in too further on that tonight. We spent $28,000 in 1999 to re-do the
scale and now we are in here again to do more work on it. I can go on to this thing all night but forget
it, I got something else. #823.
SUPERVISOR HORTON: Yes, sir.
MR. CARLIN: There are two things I want to verify here with one of them with Councilman
Edwards. The last Board meeting I was at, November the 4th, you kept driving and saying that 40
members of the Town Board are making more money than the Highway Supervisor. I disagree with
you, Mr. Edwards.
COUNCILMAN EDWARDS: That is not what I said.
MR. CARLIN: What did you say?
COUNCILMAN EDWARDS: I said that the Town Supervisor, not the Town Highway
Superintendent...
MR. CARLIN: I didn't say the Highway Superintendent, ifI did I made a mistake.
COUNCILMAN EDWARDS: The Town Supervisor, as we sit here today, is the 43rd highest paid
employee in this town. Even with the increase, the Town Supervisor will be the 39th highest paid
employee of this Town. i.e. there will still be 38 people earning more money than the Supervisor.
MR. CARLIN: I disagree with you. Because I know what you are doing. You are including the
Police Department.
COUNCILMAN EDWARDS: I have to.
MR. CARLIN: No way. The Police Department is the PBA and their own union. You people are not
their union. Don't include the Police Department because I am going to tell you why. When the
police officer graduates and comes into work for the Town of Southold, the starting average salary is
around $30,000-$35,000. After five years, he is up to $60 or $65,000. Don't use the Police
Department and compare with your salaries. That is PBA's control. Not the Town control, Mr.
Edwards. Do you want to let it go?
SUPERVISOR HORTON: Your points are well made.
COUNCILMAN EDWARDS: Well, I was just going to comment ....
MR. CARLIN: You are wrong.
November 16, 2004 6
Southold Town Board Meeting
COUNCILMAN EDWARDS: No, no. I was just going to comment the person to whom...
MR. CARLIN: I don't like spin.
COUNCILMAN EDWARDS: I am not giving a spin, Mr. Carlin, I, you know, the person to whom
the Police Department reports is the Supervisor and that is a fact.
MR. CARLIN: Next one, I think somebody mentioned, I don't know who it was, I forgot now, it
might have been John. I think it was John. John said, nobody wants to, by being paid a low salary,
that it won't attract anyone for the positions on the Board. So that is one of the reasons the salaries
should be brought up. Well, I don't think Supervisor Horton took the job for the money. He took the
job for what he could do for the Town, to improve the Town. And anybody who runs for town
position, that takes the position just for the money, to me, I would never vote for him or she.
SUPERVISOR HORTON: I am with you on that.
MR. CARLIN: Now, I want to ask you a question. Just yes or no. When this resolution is passed and
it will be passed, I am pretty sure it will be, 99 percent. Will this all bring youse up to a level playing
field with money and wages? Yes or no?
COUNCILMAN ROMANELLI: Compared to other Towns, you mean?
MR. CARLIN: On your salaries, will it bring it then up to the level you feel is acceptable? Yes or no.
COUNCILMAN ROMANELLI: Yes.
COUNCILMAN WICKHAM: Generally, yes.
MR. CARLIN: Thank you. So, we won't see this no more. Another 10 years down the line.
COUNCILMAn ROMAnELLI: Haven't seen it in 20, so chances are you won't see it for another few
years.
MR. CARLIN: You won't see it, okay. So, then we should consider my plan that I mentioned at the
last Board meeting.
COUNCILMAN EDWARDS: It is not a bad plan.
MR. CARLIN: That's....percentage raises given annually and try to use the inflation rate, that this
won't ever happen again. It is simple. Now it is going to be interesting to see if you people do that.
Or if you don't take the money and run. Because you might say to yourself, 'oh, I might not be here
for four more years, who cares?' Nothing is impossible.
SUPERVISOR HORTON: I know. Believe me.
November 16, 2004 7
Southold Town Board Meeting
MR. CARLIN: You know my father always told me when I was a boy, he said, 'no matter how good
you can do a job, there is always somebody better can do it.'
SUPERVISOR HORTON: That is right. There is always somebody out there.
MR. CARLIN: I always kept that on my mind. So, it would be a good idea to keep that in mind so
that this will never happen again. Now, I just want to go through what I say the increases were in my
own numbers. The Town Supervisor, 30 %, we know that. He deserves it and I always said to myself
and I could never understand why, there were people getting more money in this town than the
Supervisor? It shouldn't be that way. It would be like a general commanding a war at a sergeant's
pay. And it shouldn't be that way. And as far as I know there are four people in this town before this
raise goes through that are making more, not the Police Department. Put them on the side for now.
The Town Clerk, the Town Attorney and the Town Comptroller and the Highway Superintendent.
They are the ones, right now, before the raise goes through, making more than the Highway
Superintendent. That shouldn't be. That should never have been. The Supervisor should be the
highest paid man, even if it is one dollar more, for that responsibility. I will go along with that. You
see, Josh, I am not a bad guy.
COUNCILMAN ROMANELLI: So should we raise it more?
MR. CARLIN: Well, if you use this system I got, youse will all glide along nice and everybody will
be happy. But unfortunately, I have to say that the taxpayer's have to bite the bullet this time but I
would suggest that you review my system, if you don't want to take a raise another year from now, you
don't. But it is there, but take it and use the inflation rate and use it as a guide and everybody will be
happy and the taxpayer won't have to fork this kind of money out at one time.
SUPERVISOR HORTON: That is a good point.
MR. CARLIN: Thank you.
SUPERVISOR HORTON: Thank you, Mr. Carlin.
MR. CARLIN: I think that is all for now, Josh.
SUPERVISOR HORTON: Thank you very much, sir. Are there other comments on the resolutions?
#8O6
Moved by Councilman Romanelli, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes the installation
of street lights on Pole No. 86L and Pole No. 85L~ on Route 48 and the southwest corner of Young's
Avenue, Southold.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
November 16, 2004 8
Southold Town Board Meeting
#807
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local
Law in relation to the Preservation of Historic Landmarks" 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, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#808
Moved by Councilman Ross, seconded by Councilman Wickham,
WHEREAS, Schembri Homes Associates, Inc. has made application to the Town Board of the Town
of Southold to dedicate certain roads in Peconic, New York, to be known as "RICHMOND LANE",
"SHORE LANE" and "RECHARGE BASIN", as shown on the subdivision map entitled "Map of
Richmond Shores at Peconic" filed in the Office of the Clerk of the County of Suffolk on November
20, 1979, as Map No. 6873, together with the release executed by the owner thereof; and
WHEREAS, the Southold Town Superintendent of Highways has inspected the said highways and has
advised the Town Board that said proposed highways comply in all respects with the specifications for
the dedication of highways in the Town of Southold; now, therefore, be it
RESOLVED, that in accordance with Section 171 of the Highway Law of the State of New York,
consent be and the same is hereby given to the Superintendent of Highways to make an order
laying out the aforesaid highways, to consist of lands described in said application as shown on
certain maps attached to said application; and be it further
RESOLVED, that the Town Clerk be and she hereby is authorized and directed to forthwith cause the
dedication, release, and deed to be recorded in the Office of the Clerk of the County of Suffolk, New
York.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#8O9
Moved by Justice Evans, seconded by Councilman Ross, it was
RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund
Budget Whole Town 2004 budget as follows:
From:
A.2025.00
To'
A.1620.2.500.400
Vote of the Town Board:
Special Recreational Facilities
Park & Playground
$10,000
Building & Grounds, Capital Outlay
Park Improvements $10,000
Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
November 16, 2004 9
Southold Town Board Meeting
#810
Moved by Councilman Wickham, seconded by Councilman Wickham,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the t6th day of November, 2004 a Local Law entitled "A Local Law in relation to
Amendments to the Site Plan Approval Law" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid
Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 14th Of
December, 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 the Site Plan
Approval Law" reads as follows:
LOCAL LAW NO. 2004
A Local Law entitled, "A Local Law in relation to Amendments to the Site Plan Approval Law".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - In order to increase efficiency in the processing of site plan applications, by
requiring increased coordination between the planning and building departments in the initial review
stages of applications and the determination of compliance with zoning regulations, it is necessary to
implement certain procedural amendments to the review process. Furthermore, in order to expedite the
review of certain so-called "as built" and agricultural applications, where the public safety and welfare
do not require a protracted review, the Planning Board shall be vested with discretion to waive the
public hearing requirement and technical submission standards.
II. Chapter tOO of the Code of the Town of Southold is hereby amended as follows:
§ 100-253. Approval of site plan required.
A After the filing of an application for a building permit, the Building Inspector shall make a
determination as to whether a site plan or an amendment thereto is required, and this written
determination shall be forwarded to the Planning Department for comment. The Planning
Department must provide written comments on this determination to the Building Inspector within
five business days, or be deemed to have waived the opportunity to comment. After review of
comments, or after the time period for comment has elapsed, the Building Inspector shall issue a
final determination to the applicant, which shall in no event be more than t 5 business days from
the filing of the application. Such determination shall also include a written decision as to whether
the proposed use is permitted and whether a special exception is required from the Zonin~ Board of
Appeals. No building permit shall be issued for any structure or building for which use a site plan
is required pursuant to this Chapter tOO, until, if required, an approved site development plan or
approved amendment of any such plan has been secured by the applicant from the Planning Board
and presented to the Building Inspector, along with all necessary approvals and permits as may be
required by other public agencies. [Amended 5-15-1995 by L.L. No. 8-1995; 3-9-2004 by L.L. No.
8-2004]
§ 100-254. Review procedure.
A Pre-submission conference. Prior to the submission of a site development plan, the applicant or his
agent shall meet with the Planning Board or its representative. The purpose of such conference
shall be to discuss proposed uses or development plan elements that shall be submitted to the
Planning Board in order for said Board to determine conformity with the provisions and intent of
this Article. Said meeting shall take place within thirty (30) calendar days from the date of written
request therefor.
November 16, 2004 la
Southold Town Board Meeting
B Site development plan. Nine (9) copies of the site development plan application and any related
information as defined during the resubmission conference shall be submitted to the Planning
Board within four (4) months of the resubmission conference. Ifa site development plan
application is not submitted within four (4) months following a pre-submission conference, another
conference may be required by the Planning Board.
(i) Within ten (ia) business days of receipt of the application, the Planning Board shall
determine whether to accept, reject or request revision of the application.
(2) If the Planning Board determines said application to be acceptable but in need of revision, it
shall notify the applicant, in writing, wherein said application is deficient within thirty (30)
calendar ~asiness days.
(3) Within the thirt~ (30) calendar day period from receipt of the application, the followin~
shall also take place: the site plan reviewer (or other delegate of the Plannin~ Board) shall
hold a ioint meetin~ with a representative of the Buildin~ Department authorized to review
buildin~ plans, for the purpose ofmakin~ a ioint recommendation as to whether the site
plan application complies with all applicable zonin~ regulations or whether any variances
are required from the Zonin~ Board of Appeals; that recommendation shall be forwarded to
the Buildin~ Inspector, who shall either endorse or revise that recommendation; and in the
event the Buildin~ Inspector's zonin~ determination indicates that a variance is required,
the site plan reviewer (or other delegate of the Plannin~ Board) shall so inform the
applicant; and in the event the applicant wishes to proceed with the application as
submitted, the Buildin~ Inspector shall issue a notice of disapproval at that time. This
procedure shall also apply to any amendments to the site plan application.
(4) In the case of a variance or special exception application requiring site plan approval,
the site development plan application shall be subjected to preliminary review and
written comments by the Planning Board within sixty (60) days of such request by the
Board of Appeals.
(a) In no case may the Planning Board grant site plan approval prior to the
issuance of a special exception by the Zoning Board of Appeals, if such is required.
(b) Before the Planning Board can approve any application for the amendment
of a use or structure for which a special exception was granted, the applicant must
obtain permission from the Zoning Board of Appeals to expand or otherwise alter or
change either the use or the structure.
(5) The Planning Board may vary or waive parking requirements, provided that such
change will not have a detrimental effect on the public health, safety or general
welfare and will not have the effect of nullifying the intent and provision of the
Zoning Code.
(a) The Planning Board may allow or require landscaping to be installed in
place of specified parking spaces.
(b) On any site for which the Planning Board grants approval for less than the
required number of spaces for that use, the Planning Board shall have the right to
review the parking requirements again ifa change of use is proposed.
(6) Review of a new site plan for a lot on which an approved site plan already exists
shall not proceed until the approved plan is withdrawn by the applicant.
C When the Planning Board determines said application to be acceptable, it shall, within ten (ia)
business days of such determination, distribute said application and documentation to the town,
county and state agencies having jurisdiction, for their comment. Such referral shall include a
November 16, 2004 11
Southold Town Board Meeting
referral to the Architectural Review Committee. The Architectural Review Committee shall make a
written recommendation to the Planning Board on the site plan within ten (la) business days of
receipt of the referral. If the Committee fails to make a recommendation within this time period,
the project shall proceed to the Planning Board for consideration without Committee view.
[Amended 5-15-1995 by L.L. No. 7-1995]
D Upon receipt and review of written comments from each of the agencies to which the proposed site
plan was distributed, the Planning Board shall, within a reasonable period of time, not to exceed
thirty (30) days, determine whether to require revisions to the proposed plan.
E No decision on the application shall be made until the State Environmental Quality Review ActFN
process is completed.
F After the Planning Board has determined that the proposed site plan is suitable for approval, it
shall:
(1) Forward the plan to the Building Inspector for final review and certification.
(2) Forward the plan to the Fire Commissioner of the fire district within which the site is
located for a determination as to whether a fire well is needed and, if so, its location.
(3)Notify the applicant, in writing, to make an application for the appropriate curb cut permits.
(4) Submit the proposed site plan to the Suffolk County Planning Commission in accordance
with the provision of the Suffolk County Charter, if necessary.
G Upon receipt of the Building Inspector's certification, the Fire Commissioner's response, the curb
cut permits and the comments of the Suffolk County Planning Commission, the Planning Board
shall place the site plan on the agenda of the next regularly scheduled public meeting.
H The Planning Board shall hold a public hearing to consider the application. Notice shall be
provided pursuant to Chapter 58. [Amended 12-27-1995 by L.L. No. 25-1995FN.]
Notwithstanding this requirement, with respect to applications involving modifications to existing
structures with no substantial change to the existing footprint, where the Planning Board
determines that such modifications or any change in use will not require significant changes to
existing major site design features, as well as applications involving uses strictly related to
agriculture (but excepting retail winery operations), the Planning Board shall have the discretion to
waive the public hearing requirement and may act on such application by filed resolution at a duly
noticed public work session.
I Prior to the Planning Board's endorsement of the site plan, the applicant must sign a statement
placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval.
J Amendments to an existing site plan may be acted upon in the same manner as a new site plan.
K A guaranty of performance may be required for all public improvements as part of the conditions
of approval. Such guaranty shall be based on a listing of required site improvements in accordance
with Chapter Ala6 of this Code.
L Within ten (la) days of final approval, a copy of the endorsed site plan shall be sent to:
(1) The Building Department.
(2) The Town Engineer.
(3) The Town Trustees, when applicable.
(4) The Highway Department.
(5) The Zoning Board of Appeals, when applicable.
M The Planning Board shall have the right to deny the proposed site plan for lack of compliance with
the provisions of the Town Code. The Planning Board shall notify the applicant, in writing, within
ten (la) days of such determination, of the reasons for such denial.
§ 100-256. Application requirements; fees.
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Southold Town Board Meeting
A
B
C
12
Submission of a complete site plan application shall consist of:
(1) A completed site plan application form.
(2) The site plan review fee, as specified in Subsection B below.
(3) A completed environmental assessment form.
(4) Nine copies of the site plan.
(5) Four copies of a properly survey, certified by a licensed land surveyor.
Fees. [Amended 3-27-2001 by L.L. No. 7-2001]
(1) The application fee for a new site plan shall be $300 per acre or any fraction of an acre
thereof, plus $0.05 per square foot of building area.
(2) The application fee for a revised site plan shall be $300, plus $0.05 per square foot of
building area.
Standards. Site plan design shall include the following items:
(1) Technical data:
a The lot, block and section number of the properly, taken from the latest tax records.
b The name and address of the landowner on record:
[1] The names and addresses of adjoining landowners.
[2] The name and address of the applicant, if not the same as the landowner.
c The name and address of the person, firm or organization preparing the map, sealed
with the applicable New York State license seal and signature.
d Date, graphic scale and North point, whether true or magnetic; if magnetic, show the
date of reading.
e A survey prepared by a licensed surveyor or civil engineer. The site plan may reference
a land surveyor's map or base reference map. All distances shall be in feet and
hundredths of a foot. All angles shall be given to the nearest ten (10) seconds or closer.
The error of closure shall not exceed one (1) in ten thousand (10,000).
f The locations, names and widths of all rights-of-way within five hundred (500) feet of
properly lines. If none exist within five hundred (500) feet of the subject properly,
indicate the distance to the nearest intersection with a public street.
g A separate key map showing location and owners of all adjoining lands within five
hundred (500) feet, as shown on the latest tax records, at a scale of one (1) inch equals
one hundred (100) feet.
h The location, width and purpose of all existing and proposed easements, setbacks,
reservations and areas dedicated to public use within or adjoining the properly.
i A complete outline of other existing easements, deed restrictions or covenants applying
to the properly.
j Existing zoning, including zone lines and dimensions.
k Site plans drawn at the scale of one (1) inch equals twenly (20) feet. If all required
information cannot be shown clearly on one (1) plan, the information should be
separated as follows:
[1] Alignment and schedule plan.
[2] Grading and drainage.
[3] Landscaping.
[4] Other, e.g., site utilities.
(2) Natural features:
a Existing contours with intervals of two (2) feet or less, referred to mean sea level as per
United States Geological Survey datum.
November 16, 2004
Southold Town Board Meeting
13
b Boundaries of any areas subject to flooding or stormwater overflows, tidal bays,
saltwater marshes, beaches and all freshwater bodies, including wetlands and
intermittent streams, perimeter boundaries of shoreline blufl~, dunes and beaches.
c The location of existing natural features, including but not limited to natural drainage
swales, watercourses, wooded areas and wetlands, as defined by the New York State
Department of Environmental Conservation and the Board of Trustees of Southold
Town, marshes, ponds, dunes, bluflg, beaches, kettle holes, escarpments, wildlife
habitats, flood hazard areas, erosion-prone areas and trees of six (6) inches in diameter
at a point three (3) feet above the trunk base.
d The location of any existing cultural and historical features within five hundred (500)
feet of the property boundaries.
(3) Existing building structures and utilities:
a The locations, dimensions and outlines of all buildings, as defined in § 100-13 of this
chapter, and all uses of the site.
b Paved areas, including parking areas, sidewalks and vehicular access between the site
and public streets.
c The locations, dimensions, grades and flow directions of any existing culverts,
waterlines or sewage disposal systems, as well as other underground and aboveground
utility poles and utility lines within and adjacent to the property.
d The location and use of all buildings and structures, including curb cuts, within two
hundred (200) feet of the boundary of the subject property.
(4) Proposed construction:
a The location of proposed buildings or structural improvements, indicating setbacks
from all property lines and horizontal distances from existing structures.
b The location and design of all uses not requiring structures, such as off-street parking
and loading areas and pedestrian circulation.
c The location, direction, power level and time of use for any proposed outdoor lighting
or public-address systems.
d The locating and plans for any outdoor signs must be in accordance with applicable sign
regulations.
e The location and details of aprons, curbs, sidewalks, fencing (type and location),
grading, including existing and proposed topography with two-foot contours [on site
and two hundred (200) feet beyond the property line] and spot elevations for buildings
and all structures, drainage calculations, details of drainage structures and watershed
areas, where applicable.
f Grading and drainage plans shall be based upon site stormwater retention, in
conformance with Chapter Al08, Highway Specifications.
g The location and listing of landscaping, buffering and street tree plans, including type,
material, size, quantity and location.
h The location of water and sewer mains, electrical service, cablevision and telephone
installations, ground transformers, fire well and fire hydrants and/or any alternate means
of water supply and sewage disposal and treatment.
Building elevations for all facades and floor plans showing the proposed use of floor
area.
D Notwithstandin~ the fore~oin~, the Plannin~ Board shall have the discretion to waive any or all of
the requirements of this §100-256, for those applications involvin~ modifications to existin~
November 16, 2004 14
Southold Town Board Meeting
structures with no substantial chanRe to the existinR footprint, where the PlanninR Board
determines that such modifications or any chanRe in use will not require siRnificant chanRes to
existinR major site desiRn features, as well as applications involvinR uses strictly related to
aRriculture (but exceptinR retail winery operations), if it determines such requirements are not
necessary to protect and maintain the public health, safety, or welfare and to further the objectives
set forth in §100-252.
III. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
IV. EFFECTIVE DATE
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#811
Moved by Councilman Romanelli, 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 the Statement of Understanding between Fishers Island
and the Charter Oak Chapter of Connecticut of the American Red Cross for the term
commencing October 1, 2004 and ending on September 30, 2006, to provide for the cooperation and
coordination between the Town and the Charter Oak Chapter of the American Red Cross in carrying
out their respective responsibilities in the event of a natural or manmade disaster, subject to the
approval of the Town Attorney.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#812
Moved by Councilman Edwards, seconded by Councilman Wickham, it was
RESOLVED that the Town Board of the Town of Southold hereby appoints George Gillen to the
position of Building Inspector in the Building Department at an annual salary of $37,465.02,
effective November 22, 2004.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#813
Moved by Councilman Ross, seconded by Councilman Edwards, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town
Clerk to advertise for bids for the refurbislunent of a waste-haul trailer for the Solid Waste
Management District in accordance with specifications provided by the Solid Waste Coordinator,
subject to the review and approval of the Town Attorney, funding to be provided by bond approved at
April 20, 2004 Regular Town Board Meeting.
November 16, 2004 15
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#814
Moved by Justice Evans, seconded by Councilman Romanelli,
Councilman Ross, Councilman Wickham,
A regular meeting of the Town Board of the Town of
Southold, in the County of Suffolk, New York, was held at
the Town Hall, 53095 Main Road, Southold in said Town,
on the 16th day of November, 2004.
PRESENT:
Hon. Joshua Y. Horton, Supervisor
Louisa P. Evans, Justice
John M. Romanelli, Councilperson
Thomas H. Wickham, Councilperson
Daniel C. Ross, Councilperson
William P. Edwards, Councilperson
In the Matter
of the
Increase and Improvement of Facilities of the Southold Solid
Waste Management District, in the Town of Southold, in the
County of Suffolk, New York, pursuant to Section 202-b of the
Town Law.
RESOLUTION AND
ORDER AFTER PUBLIC
HEARING
WHEREAS, the Town Board of the Town of Southold (herein called "Town Board"
and "Town", respectively), in the County of Suffolk, New York, on behalf of the Southold Solid Waste
Management District, heretofore established and now existing in the Town (herein called "District"),
has heretofore determined that it is in the best interests of the Town and the District to increase and
improve the facilities of the District pursuant to Section 202-b of the Town Law, by expanding the
existing Transfer Station (hereinafter sometimes called the "Station") within the District by
constructing inter alia, an information booth, an addition to the Station and the Re-Use Center, as well
as reconstruction of the existing Scale House and completion of construction of the Truck Loading Pit,
including the acquisition and installation of the requisite original furnishings, equipment, machinery
and apparatus and site work, including, but not limited to storm water drainage, a new 1,000 gallon
above ground waste oil tank, paving of roads, fencing, landscaping and grading and improving the site
(hereinafter sometimes called the "Project"). The estimated maximum cost of the Project is $3,125,00,
including preliminary costs and costs incidental thereto and to the financing thereof in the amount of
$50,000; and
WHEREAS, funds may be received from the United States of America, the State of
New York and any other available sources by grant or any other available sources to pay a part of
some of such costs, and any such funds received or to be received shall be applied towards the cost of
November 16, 2004 16
Southold Town Board Meeting
said object or purpose or redemption of the bonds and/or notes issued therefor, or shall be budgeted as
an ofl~et to the taxes for the payment of the principal and interest on said bonds and/or notes; and
WHEREAS, the Town Board and the Town have complied in every respect with all
applicable Federal, State and Local Laws and Regulations regarding environmental matters, including
compliance with the New York State Environmental Review Act (hereinafter sometimes called
("SEQRA"), have given due consideration to the impact that the Project may have on the environment
and, on the basis of such consideration, the Town Board, acting as Lead Agency, pursuant to SEQRA,
has heretofore found and determined that the Project is a Type I Action and that no significant adverse
environmental impact will be caused thereby and, in connection therewith, a duly processed Negative
Declaration and/or other applicable documentation has heretofore been issued and filed in the office of
the Town Clerk;
NOW, THEREFORE, on the basis of the information given at such hearing, it is hereby
DETERMINED, that it is in the public interest to increase and improve the facilities of
the District as hereinabove described and referred to as the Project, at the estimated maximum cost of
$3,250,000, and it is hereby
ORDERED, that the facilities of the District shall be so increased and improved and
that the Town or the District shall prepare specifications and make careful estimates of the expense of
said increase and improvement of the facilities and a proposed contract or contracts shall be prepared
by the Town Attorney, which specifications, estimate and proposed contract or contracts shall be
presented to the Town Board as soon as possible; and it is hereby
FURTHER ORDERED, that the expense of said increase and improvement of facilities
shall be financed by the issuance of $3,250,000 bonds of the Town, and the costs of said increase and
improvement of facilities, including payment of principal of and interest on said bonds, shall be paid
by the assessment, levy and collection of assessments upon the several lots and parcels of land within
the District which the Town Board shall deem especially benefited by said facilities, so much upon and
from each as shall be in just proportion to the amount of benefit which the improvement shall confer
upon the same; and it is hereby
FURTHER ORDERED, that the Town Clerk record a certified copy of this Resolution
and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after
adoption hereof.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#815
Moved by Councilman Wickham, seconded by Justice Evans,
BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 16, 2004, APPROPRIATING
$3,250,000 FOR THE INCREASE AND IMPROVEMENT OF THE
FACILITIES OF THE SOUTHOLD SOLID WASTE MANAGEMENT
DISTRICT, IN SAID TOWN; AUTHORIZING THE ISSUANCE OF
$3,250,000 SERIAL BONDS OF SAID TOWN TO FINANCE SAID
APPROPRIATION; AND AUTHORIZING ANY FUNDS TO BE
RECEIVED FROM THE UNITED STATES OF AMERICA AND/OR
THE STATE OF NEW YORK BY GRANT OR ANY OTHER
SOURCES TO BE EXPENDED TOWARDS THE COST OF SAID
November 16, 2004 17
Southold Town Board Meeting
OBJECT OR PURPOSE OR REDEMPTION OF THE TOWN'S
OBLIGATIONS ISSUED THEREFOR, OR TO BE BUDGETED AS
AN OFFSET TO THE TAXES FOR THE PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON SAID OBLIGATIONS
Recital
WHEREAS, the Town Board of the Town of Southold (herein called the "Town Board"
and the "Town", respectively), in the County of Suffolk, New York, acting on behalf of the Southold
Solid Waste Management District (herein called the "District"), in the Town, following a public
hearing duly called and held on this date, has determined, pursuant to the Resolution and Order After
Public Hearing duly adopted on this date, that it is in the public interest to increase and improve the
facilities of the District, as hereinafter described, at the estimated maximum cost of $3,250,000, and
has ordered that the facilities be so increased and improved, and that appropriate specifications and an
estimate of the cost and contract(s) be prepared for presentation to the Town Board as soon as possible;
Now, therefore, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE
COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds of all the
members of said Board) AS FOLLOWS:
Section 1. The Town hereby appropriates the amount of $3,250,000, including
preliminary costs and costs incidental thereto and to the financing thereof in the amount of $50,000, for
the increase and improvement of facilities of the District, by expanding the existing Transfer Station
(hereinafter sometimes called the "Station") within the District by constructing inter alia, an
information booth, an addition to the Station and the Re-Use Center, as well as the reconstruction of
the existing Scale House and completion of construction of the Truck Loading Pit, including the
acquisition and installation of the requisite original furnishings, equipment, machinery and apparatus
and site work, including, but not limited to, storm water drainage, a new 1,000 gallon above ground
waste oil tank, paving of roads, fencing, landscaping and grading and improving the site (the
"Project"). The estimated maximum cost thereof, including preliminary costs and costs incidental
thereto and the financing thereof in the amount of $50,000, is $3,250,000. The plan of financing
includes the issuance of $3,250,000 serial bonds of the Town to finance said appropriation, and the
levy and collection of taxes on all the taxable real property in the Town to pay the principal of said
bonds and the interest thereon as the same shall become due and payable. Any funds received or to be
received from the United States of America and/or the State of New York by grant or from any other
available sources in connection with the Project shall be applied towards the cost thereof or redemption
of said bonds or any bond anticipation notes issued therefor, or shall be budgeted as an oflket to the
taxes for the payment of the principal and interest on said bonds.
Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal
amount of $3,250,000 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a
of the Consolidated Laws of the State of New York (herein called "Law"), to finance said
appropriation.
Section 3. The following additional matters are hereby determined and declared:
(a) The period of probable usefulness of the Project, being the specific object or
purpose for which said serial bonds are authorized to be issued, within the limitations of Section 11.00
a. 6-a of the Law, is twenty (20) years.
(b) The proceeds of the bonds herein authorized and any bond anticipation notes issued
in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the
November 16, 2004 18
Southold Town Board Meeting
effective date of this resolution for the purpose for which said bonds are authorized. The foregoing
statement of intent with respect to reimbursement is made in conformity with Treasury Regulation
Section 1.150-2 of the United States Treasury Department.
(c) The proposed maturity of the serial bonds authorized by this resolution will exceed
five (5) years.
(d) The Town Board and the Town have complied in every respect with applicable
Federal, State and Local Laws regarding environmental matters and the Town Board, acting in the role
of Lead Agency, pursuant to State Environmental Quality Review Act (hereinafter sometimes called
"SEQRA"), has given due consideration of the impact that the Project may have up on the environment
and, on the basis of said consideration, has heretofore found and determined that that the Project is a
Type I Action and that no significant adverse environmental impact will be caused thereby and, in
connection therewith, the duly processed Negative Declaration and/or other applicable documentation
has been heretofore issued and filed in the office of the Town Clerk.
Section 4. Each of the bonds authorized by this resolution and any bond anticipation
notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section
52.00 of the Law and said bonds, and any notes issued in anticipation said bonds, shall be general
obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable
real property within the Town without limitation as to rate or amount. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds
and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in
the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any
notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and
payable in such year.
Section 5. Subject to the provisions of this resolution and of the Law and pursuant to
the provisions of Section 21.00 relative to the authorization of the issuance of bonds having
substantially level or declining annual debt service, Section 30.00 relative to the authorization of the
issuance of bond anticipation notes, and Section 50.00 and Sections 56.00 to 60.00 of the Law, the
powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing
their terms, form and contents and as to the sale and issuance of the bonds herein authorized, and any
other bonds heretofore or hereafter authorized, and of any bond anticipation notes issued in
anticipation of said bonds, and the renewals of said bond anticipation notes, are hereby delegated to the
Supervisor, the chief fiscal officer of the Town.
Section 6. The validity of the bonds authorized by this resolution, and of any notes
issued in anticipation of said bonds, may be contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is
not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, are not substantially
complied with, and
an action, suit or proceeding contesting such validity is commenced within twenty days after the date
of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
BE IT FURTHER RESOLVED BY THE TOWN BOARD OF THE TOWN OF
SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
The Town Clerk is hereby directed to publish the foregoing bond resolution, in
summary, in the "SUFFOLK TIMES," a newspaper published in Mattituck, in the Town of Southold,
November 16, 2004 19
Southold Town Board Meeting
New York, and having a general circulation in said Town, which newspaper is hereby designated as
the official newspaper of the Town for such publication, together with the Town Clerk's statutory
notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York.
This resolution shall take effect immediately.
SUPERVISOR HORTON: I just want to very briefly say that a lot of work, a lot of planning, a
tremendous amount, you know, several meetings with residents that are our neighbors at the facility
were held and John Romanelli, Bill Edwards, Tom Wickham, you guys put a lot of time into this and
this is something the Town Board committed to and I am very pleased with the way we have come and
it has been through your efforts. I would like to have a roll call vote.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#816
Moved by Councilman Romanelli, seconded by Councilman Edwards,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 16th day of November, 2004 a Local Law entitled "A Local Law in relation to
Adoption of the Zoning Map dated November 3, 2004" 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 30th day of
November, 2004 at 8:00 p.m. at which time all interested persons will be given an opportunity to be
heard.
The proposed Local Law entitled, "A Local Law in relation to Adoption of the Zoning Map dated
November 3, 2004" reads as follows:
LOCAL LAW NO. 2004
A Local Law entitled, "A Local Law in relation to Adoption of the Zoning Map dated November
3, 2004 ".
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Purpose - The proposed Zoning Map replaces the Zoning Map that was created in 1957 and
amended in 1989. It reflects actual property lines and shows all zone changes that have
previously been adopted by the Town Board. The new map is designed to be clear, accurate and
easily updated.
II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows:
§ 100-21. Zoning Map.
The boundaries of the said districts are hereby established as shown on the Zoning Map, dated~..,~.jT ........
~v,~n ~w~nQn November 3, 2004, which accompanies this chapter and which, with all explanatory matter
thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating
the latest amendments, shall be kept up-to-date, and a copy thereof shall be kept in the office of the
Building Inspector for the use and benefit of the public.
SECTION 3. SEVERABILITY.
Should any part or provision of this Local Law be decided by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of this Local Law as a whole nor any part thereof
other than the part decided to be unconstitutional or invalid.
SECTION 4. EFFECTIVE DATE.
November 16, 2004 20
Southold Town Board Meeting
This Local Law shall take effect immediately upon filing with the Secretary of State as provided by
law.
#817
Moved by Councilman Edwards, seconded by Councilman Wickham,
REFUNDING BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW
YORK, ADOPTED NOVEMBER 16, 2004, AUTHORIZING THE
REFUNDING OF CERTAIN OUTSTANDING SERIAL BONDS OF SAID
TOWN, STATING THE PLAN OF REFUNDING, APPROPRIATING AN
AMOUNT NOT TO EXCEED $3,500,000 FOR SUCH PURPOSE,
AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $3,500,000
REFUNDING SERIAL BONDS TO FINANCE SAID APPROPRIATION,
AND MAKING CERTAIN OTHER DETERMINATIONS RELATIVE
THERETO.
Recitals
WHEREAS, on April 22, 1993 the Town of Southold, in the County of Suffolk, New
York (herein called the "Town"), has heretofore issued its $2,695,000 Various Purposes Serial Bonds-
1993 (the "1993 Bonds"); and
WHEREAS, the 1993 Bonds are now outstanding in the principal amount of
$1,100,000, which mature on February 15 in the principal amounts of $125,000 in each of the years
2005 to 2008; inclusive and $150,000 in each of the years 2009 to 2012, inclusive; and
WHEREAS, the outstanding 1993 Bonds bear interest payable on February 15 and
August 15 in each year to maturity at a rate of interest of five per centum (5.00%) per annum; and
WHEREAS, The 1993 Bonds maturing on or after February 15, 2005 are subject to
redemption prior to maturity, at the option of the Town, on February 15, 2005 and thereafter on any
interest payment date, as a whole or in part, in inverse order of maturity or in equal proportionate
amounts (selected by lot within a maturity), at a redemption price of 100% of the par amount of the
1993 Bonds to be redeemed, plus accrued interest to the date of redemption.
WHEREAS, on November 8, 1995 the Town has heretofore issued its $1,750,000
Agricultural Land Preservation Serial Bonds - 1995 (the "1995 Bonds"); and
WHEREAS, the 1995 Bonds are now outstanding in the principal amount of
$1,110,000, which mature on November 1 in the principal amounts of $90,000 in each of the years
2005 to 2007, inclusive; $100,000 in each of the years 2008 to 2011, inclusive; and $110,000 in each
of the years 2012 to 2015, inclusive; and
WHEREAS, the outstanding 1995 Bonds bear interest payable on May 1 and November
1 in each year to maturity at various rates of interest ranging from five and ten hundredths per centum
(5.10%) per annum to five and fifty hundredths per centum (5.50%) per annum; and
WHEREAS, the 1995 Bonds maturing on or before November 1, 2006 are not subject
to redemption prior to maturity. The Bonds maturing on and after November 1, 2007 will be subject to
redemption prior to maturity, at the option of the Town, on November 1, 2006 and thereafter on any
interest payment date, as a whole or in part, in inverse order of maturity or in equal proportionate
amounts (selected by lot within a maturity), at the following redemption prices, plus accrued interest to
the date of redemption:
Redemption Price as a
Redemption Dates Percentage of Par Amount
November 16, 2004 21
Southold Town Board Meeting
November 1, 2006 and May 1, 2007 ............................. 102%
November 1, 2007 and May 1, 2008 ............................. 101
November 1, 2008 and thereafter .................................. 100
WHEREAS, the 1993 Bonds and the 1995 Bonds are collectively referred to herein as
the "Bonds;" and
WHEREAS, Section 90.10 of the Local Finance Law, constituting Chapter 33-a of the
Consolidated Laws of the State of New York (herein called the "Law"), permits the Town to refund all
or a portion of the outstanding unredeemed maturities of the Bonds (referred to herein as the "Original
Bonds") by the issuance of new bonds, the issuance of which will result in present value debt service
savings for the Town, and the Town Board has determined that it may be advantageous to refund all or
a portion of the outstanding Bonds;
NOW, THEREFORE, be it
RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, NEW
YORK (by the favorable vote of at least two-thirds of all the members of said Town Board), AS
FOLLOWS:
Section 1. In this resolution, the following definitions apply, unless a different meaning
clearly appears from the context:
(a) "Bond To Be Refunded" or "Bonds To Be Refunded" means all or a portion of the
aggregate outstanding Bonds, as shall be determined in accordance with Section 8
hereof.
(b) "Escrow Contract" means the contract to be entered into by and between the Town
and the Escrow Holder pursuant to Section 10 hereof.
(c) "Escrow Holder" means the bank or trust company designated as such pursuant to
Section 10 hereof.
(d) "Original Bonds" shall mean all or a portion of the outstanding unredeemed
maturities of the Bonds.
(e) "Present Value Savings" means the dollar savings which result from the issuance of
the Refunding Bonds computed by discounting the principal and interest payments on
both the Refunding Bonds and the Bonds To Be Refunded from the respective
maturities thereof to the date of issue of the Refunding Bonds at a rate equal to the
effective interest cost of the Refunding Bonds. The effective interest cost of the
Refunding Bonds shall be that rate which is arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt service
payments on the Refunding Bonds from the maturity dates thereof to the date of issue of
the Refunding Bonds and to the agreed upon price including estimated accrued interest.
(f) "Redemption Date" means February 15, 2005 with respect to the 1993 Bonds and
November 1, 2006 with respect to the 1995 Bonds.
(g) "Refunding Bond" or "Refunding Bonds" means all or a portion of the $3,500,000
Refunding Serial Bonds-2004 of the Town of Southold, authorized to be issued
pursuant to Section 2 hereof.
(h) "Refunding Bond Amount Limitation" means an amount of Refunding Bonds which
does not exceed the principal amount of Bonds To Be Refunded plus the aggregate
amount ofunmatured interest payable on such Bonds To Be Refunded, to and including
the applicable Redemption Date, plus redemption premiums payable on such Bonds To
November 16, 2004 22
Southold Town Board Meeting
Be Refunded as of such Redemption Date, as hereinabove referred to in the Recitals
hereof, plus costs and expenses incidental to the issuance of the Refunding Bonds
including the development of the refunding financial plan, and of executing and
performing the terms and conditions of the Escrow Contract and all fees and charges of
the Escrow Holder as referred to in Section 10 hereof.
Section 2. The Town Board of the Town (herein called the "Town Board"), hereby
authorizes the refunding of the Bonds To Be Refunded, and appropriates an amount not to exceed
$3,500,000 to accomplish such refunding. The plan of financing said appropriation includes the
issuance of not to exceed $3,500,000 Refunding Bonds and the levy and collection of a tax upon all the
taxable real property within the Town to pay the principal of and interest on said Refunding Bonds as
the same shall become due and payable. Serial bonds of the Town in the maximum principal amount
of $3,500,000 and designated "REFUNDING SERIAL BONDS-2004", are hereby authorized to be
issued pursuant to the provisions of the Law. The proposed financial plan for the refunding in the form
attached hereto as Exhibit A (the "refunding financial plan") prepared for the Town by Roosevelt &
Cross, Inc., New York, New York, and hereby accepted and approved, includes the deposit of all the
proceeds of said Refunding Bonds with an Escrow Holder pursuant to an Escrow Contract as
authorized in Section 10 hereof, the payment of all costs incurred by the Town in connection with said
refunding from such proceeds and the investment of a portion of such proceeds by the Escrow Holder
in certain obligations. The principal of and interest on such investments, together with the balance of
such proceeds to be held uninvested, if any, shall be sufficient to pay (1) the principal of and interest
on the Bonds To Be Refunded becoming due and payable on and prior to each applicable Redemption
Date and (2) the principal of and premium on the Bonds To Be Refunded which are to be called for
redemption prior to maturity on any such Redemption Date.
Section 3. The Bonds To Be Refunded referred to in Section 1 hereof are all or a
portion of the unmatured aggregate outstanding balances of the Bonds issued pursuant to various bond
resolutions duly adopted on their respective dates, authorizing the issuance of bonds of the Town for
various purposes. In accordance with the refunding financial plan, the Refunding Bonds authorized in
the aggregate principal amount of not to exceed $3,500,000 shall mature in amounts and at dates to be
determined. The Supervisor, the chief fiscal officer of the Town, is hereby authorized to approve all
details of the refunding financial plan not contained herein.
Section 4. The issuance of the Refunding Bonds will not exceed the Refunding Bond
Amount Limitation. The Refunding Bonds shall mature not later than the maximum period of
probable usefulness permitted by law at the time of original issuance of the Bonds to be Refunded, for
the objects or purposes financed with the proceeds of the Bonds to be Refunded, commencing at the
date of issuance of the first bond or bond anticipation note issued in anticipation of the sale of such
bonds. The applicable periods of probable usefulness ("PPU") for each of the objects or purposes
financed with the proceeds of the Bonds to be Refunded, are as shown in Exhibit B annexed hereto and
hereby made a part hereof.
Section 5. The aggregate amount of estimated Present Value Savings is set forth in the
proposed refunding financial plan attached hereto as Exhibit A, computed in accordance with
subdivision two of paragraph b of Section 90.10 of the Law. Said refunding financial plan has been
prepared based upon the assumption that the Refunding Bonds will be issued in the aggregate principal
amount, and will mature, be of such terms, and bear such interest as set forth therein. The Town Board
recognizes that the principal amount of the Refunding Bonds, the maturities, terms and interest rates,
the provisions, if any, for the redemption thereof prior to maturity, and whether or not any or all of the
November 16, 2004 23
Southold Town Board Meeting
Refunding Bonds will be insured, and the resulting Present Value Savings, may vary from such
assumptions and that the refunding financial plan may vary from that attached hereto as Exhibit A.
Section 6. The Refunding Bonds shall be sold at private sale and the Supervisor, the
chief fiscal officer of the Town, is hereby authorized to execute a purchase contract on behalf of the
Town for the sale of said Refunding Bonds, provided that the terms and conditions of such sale shall
be approved by the State Comptroller, and further providing that prior to the issuance of the Refunding
Bonds the Supervisor shall have filed with the Town Board a certificate approved by the State
Comptroller setting forth the Present Value Savings to the Town resulting from the issuance of the
Refunding Bonds. In connection with such sale, the Town authorizes the preparation of an Official
Statement and approves its use in connection with such sale, and further consents to the distribution of
a Preliminary Official Statement prior to the date said Official Statement is distributed. The
Supervisor is hereby further authorized and directed to take any and all actions necessary to
accomplish said refunding, and to execute any contracts and agreements for the purchase of and
payment for services rendered or to be rendered to the Town in connection with said refunding,
including the preparation of the refunding financial plan referred to in Section 2 hereof.
Section 7. Each of the Refunding Bonds authorized by this resolution shall contain the
recital of validity prescribed by Section 52.00 of the Law and said Refunding Bonds shall be general
obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable
real property within the Town without limitation as to rate or amount. The faith and credit of the Town
are hereby irrevocably pledged to the punctual payment of the principal of and interest on said
Refunding Bonds and provision shall be made annually in the budget of the Town for (a) the
amortization and redemption of the Refunding Bonds to mature in such year and (b) the payment of
interest to be due and payable in such year.
Section 8. Subject to the provisions of this resolution and of the Law, and pursuant to
the provisions of Section 21.00 of the Law with respect to the issuance of bonds having substantially
level or declining annual debt service, and Sections 50.00, 56.00 to 60.00, 90.10 and 168.00 of the
Law, the powers and duties of the Town Board relative to determining the amount of Bonds To Be
Refunded, to prescribing the terms, form and contents and as to the sale and issuance of the Refunding
Bonds, and executing any arbitrage certification relative thereto, and as to executing the Escrow
Contract described in Section 10, the Official Statement referred to in Section 6 and any contracts for
credit enhancements in connection with the issuance of the Refunding Bonds and any other certificates
and agreements, and as to making elections to call in and redeem all or a portion of the Bonds to be
Refunded, are hereby delegated to the Supervisor, the chief fiscal officer of the Town.
Section 9. The validity of the Refunding Bonds authorized by this resolution may be
contested only if:
(a) such obligations are authorized for an object or purpose for which the Town is
not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution, or a summary thereof, are not substantially
complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty days after the
date of such publication, or
(c) such obligations are authorized in violation of the provisions of the constitution.
Section 10. Prior to the issuance of the Refunding Bonds, the Town shall contract with
a bank or trust company located and authorized to do business in New York State, for the purpose of
having such bank or trust company act as the Escrow Holder of the proceeds, inclusive of any premium
November 16, 2004 24
Southold Town Board Meeting
from the sale of the Refunding Bonds, together with all income derived from the investment of such
proceeds. Such Escrow Contract shall contain such terms and conditions as shall be necessary in order
to accomplish the refunding financial plan, including provisions authorizing the Escrow Holder,
without further authorization or direction from the Town, except as otherwise provided therein, (a) to
make all required payments of principal, interest and redemption premiums to the appropriate paying
agent with respect to the Bonds To Be Refunded, (b) to pay costs and expenses incidental to the
issuance of the Refunding Bonds, including the development of the refunding financial plan, and costs
and expenses relating to the execution and performance of the terms and conditions of the Escrow
Contract and all of its fees and charges as the Escrow Holder, (c) at the appropriate time or times to
cause to be given on behalf of the Town the notice of redemption authorized to be given pursuant to
Section 13 hereof, and (d) to invest the monies held by it consistent with the provisions of the
refunding financial plan. The Escrow Contract shall be irrevocable and shall constitute a covenant
with the holders of the Refunding Bonds.
Section 11. The proceeds, inclusive of any premium, from the sale of the Refunding
Bonds, immediately upon receipt, shall be placed in escrow by the Town with the Escrow Holder in
accordance with the Escrow Contract. All moneys held by the Escrow Holder shall be invested only in
direct obligations of the United States of America or in obligations the principal of and interest on
which are unconditionally guaranteed by the United States of America, which obligations shall mature
or be subject to redemption at the option of the holder thereof not later than the respective dates when
such moneys will be required to make payments in accordance with the refunding financial plan. Any
such moneys remaining in the custody of the Escrow Holder after the full execution of the Escrow
Contract shall be returned to the Town and shall be applied by the Town only to the payment of the
principal of or interest on the Refunding Bonds then outstanding.
Section 12. That portion of such proceeds from the sale of the Refunding Bonds,
together with interest earned thereon, which shall be required for the payment of the principal of and
interest on the Bonds To Be Refunded, including any redemption premiums, in accordance with the
refunding financial plan, shall be irrevocably committed and pledged to such purpose and the holders
of the Bonds To Be Refunded shall have a lien upon such moneys and the investments thereof held by
the Escrow Holder. All interest earned from the investment of such moneys which is not required for
such payment of principal of and interest on the Bonds To Be Refunded shall be irrevocably
committed and pledged to the payment of the principal of and interest on the Refunding Bonds, or such
portion or series thereof as shall be required by the refunding financial plan, and the holders of such
Refunding Bonds shall have a lien upon such moneys held by the Escrow Holder. The pledges and
liens provided for herein shall become valid and binding upon the issuance of the Refunding Bonds
and the moneys and investments held by the Escrow Holder shall immediately be subject thereto
without any further act. Such pledges and liens shall be valid and binding against all parties having
claims of any kind in tort, contract or otherwise against the Town irrespective of whether such parties
have notice thereof. Neither this resolution, the Escrow Contract, nor any other instrument relating to
such pledges and liens, need be filed or recorded.
Section 13. In accordance with the provisions of Section 53.00 and of paragraph h of
Section 90.10 of the Law, the Town Board hereby elects to call in and redeem all or a portion of the
Bonds To Be Refunded which are subject to prior redemption according to their terms on the
applicable Redemption Date, as shall be determined by the Supervisor in accordance with Section 8
hereof. The sum to be paid therefor shall be the par value thereof, the accrued interest to such
Redemption Date and the redemption premiums, if any. The Escrow Holder is hereby authorized and
directed to cause a notice of such call for redemption to be given in the name of the Town by mailing
November 16, 2004 25
Southold Town Board Meeting
such notice at least thirty days prior to such Redemption Date, or in accordance with the terms
appearing in the Bonds to be Refunded, to the registered holders of the Bonds To Be Refunded which
are to be called in and redeemed. Upon the issuance of the Refunding Bonds, the election to call in
and redeem the Bonds To Be Refunded which are to be called in and redeemed in accordance herewith
and the direction to the Escrow Holder to cause notice thereof to be given as provided in this Section
shall become irrevocable and the provisions of this Section shall constitute a covenant with the holders,
from time to time, of the Refunding Bonds, provided that this Section may be amended from time to
time as may be necessary to comply with the publication requirements of paragraph a of Section 53.00
of the Law, as the same may be amended from time to time.
Section 14. This bond resolution shall take effect immediately, and the Town Clerk is
hereby authorized and directed to publish the foregoing resolution, in summary, together with a Notice
attached in substantially the form prescribed by Section 81.00 of the Law in "The Suffolk Times," a
newspaper having a general circulation in the Town and hereby designated the official newspaper of
said Town for such publication.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#818
Moved by Councilman Ross, seconded by Justice Evans, 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 Amendments to the Site
Plan Approval Law" to the Southold Town Planning Board and the Suffolk County Department
of Planning for their reconunendations and reports.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: Just backing up to #817, for a moment, that the Board passed. What this is
about, as we are always trying to conserve and save money, we worked through a financial advisor that
we engage the services of on an annual basis to refinance a couple of bonds and at, in an effort I
believe it will save us about $8,000 to $9,000 under this refinancing program. So, John Cushman,
thanks for leading that. Thanks for saving us some money.
#819
Moved by Justice Evans, 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 Adoption of the Zoning
Map dated November 3~ 2004" to the Southold Town Planning Board and the Suffolk County
Department of Planning for their reconunendations and reports.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#82O
Moved by Councilman Wickham, seconded by Justice Evans,
November 16, 2004 26
Southold Town Board Meeting
WHEREAS, the Board of Trustees on August 18, 2004, denied the application of John Betsch (the
"Applicant") for a permit under the Coastal Erosion Hazard Areas Law (the "Law") of the Town of
Southold; and
WHEREAS, on September 20, 2004, Mr. Betsch submitted an application to the Town Board of the
Town of Southold, as the governing Coastal Erosion Hazard Board of Review, seeking to appeal the
determination of the Board of Trustees, or in the alternative, seeking a variance from the requirements
of the Law; and
WHEREAS, the Town Board did transmit a copy of the instant appeal to the New York Department of
Environmental Conservation; and
WHEREAS, on November 4, 2004, the Town Board conducted a duly noticed public hearing on the
instant appeal with opportunity for all interested parties to be heard; and
WHEREAS, on November 8, 2004, the Town Board received a copy of a letter from the Coastal
Erosion Management Unit of the Department of Environmental Conservation; it is hereby
RESOLVED, that the Town Board of the Town of Southold does hereby make the following
f'mdings:
1. The determination by the Board of Trustees that the proposed activity is to be conducted in a
primary dune area and constitutes a prohibited activity under §37-16 of the Coastal Erosion
Hazard Areas Law, in the absence of a variance from this Board, is upheld.
2. The criteria for a variance as set forth in §37-30 of the Coastal Erosion Hazard Areas Law have
been satisfied, as follows:
(a) Strict application of the standards and restrictions of the Coastal Erosion Hazard Areas
Law will subject the Applicant to practical difficulty and unnecessary hardship,
inasmuch as the entirety of the Applicant's property is situated in the designated natural
protective feature area. As such, the relatively modest reconstruction of the Applicant's
seasonal home to a year-round home as proposed, on pilings in an ecologically sound
manner as compared to the present structure, would be prohibited by the Law.
Moreover, the Applicant is unable to move the proposed reconstruction to any area of
the property without running afoul of the Law.
(b) Applicant owns no other site in Town on which to construct a year-round home, and the
proposed project may not be located on any other portion of the property without the
need for a variance.
(c) Applicant has incorporated all responsible means and measures to mitigate adverse
impacts on natural systems and their functions and values have been incorporated into
the activity's design atthe property owner's expense. The Applicant's proposal
includes measures to protect the natural protective area, by constructing a home on
pilings, in compliance with all FEMA regulations, and incorporating an upgraded septic
system.
(d) For the reasons stated above, the development will be reasonably safe from flood and
erosion damage. In addition, evidence has been submitted that this property has been
accreting, rather than eroding, in recent years. Given the proposed transition from a
foundation to pilings, the reconstruction will be safer from potential flood and erosion
damage than the existing structure.
(e) The variance requested is the minimum necessary to overcome the practical difficulty or
hardship. The proposed reconstruction will be comprised of approximately 1,800
square feet of residential footprint and living space, plus approximately 600 square feet
of garage. This proposal is an increase of approximately 33% above the current
November 16, 2004
Southold Town Board Meeting
27
seasonal use structure, which covers a footprint of approximately 1,800 square feet.
Moreover, the proposed structure, flanked on one side by a municipal beach parking lot
and in the immediate neighborhood of larger residential homes, is in keeping with the
character of the neighborhood and immediate neighbors have expressed approval of the
project.
(f) No public funds are to be utilized in this Project.
(g) Upon consideration of the foregoing, it is hereby further RESOLVED that the Town
Board of the Town of Southold hereby grants John Betsch a variance from the
requirements of the Town of Southold Coastal Erosion Hazard Areas Law, to the extent
his project conforms to the application considered herein; and
BE IT FURTHER RESOLVED, that this determination by the Town Board of the Town of Southold
is classified as a Type II action under SEQRA with no further review required; and
BE IT FURTHER RESOLVED, that this determination shall not affect or deprive any other agency
of its properly asserted jurisdiction, separate and apart from the proceedings under the Coastal Erosion
Hazard Areas Law considered herein.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#821
Moved by Councilman Romanelli, seconded by Justice Evans, it was
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Joshua Y. Horton to execute the FEMA Overview and Concurrence Form as part of
the Application for Letter of Map Revision in connection with the construction of the Fishers Island
Ferry terminal.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#822
Moved by Councilman Edwards, seconded by Councilman Romanelli, it was
RESOLVED that the Town Board of the Town of Southold hereby accepts the donation of a parcel
of real property known as SCTM # 1000-79-04-17.10 and attached drainage easement for
drainage purposes; and it is further
RESOLVED 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; and it is further
RESOLVED that the Town Board authorizes Supervisor Joshua Y. Horton to execute all conveyance
documents necessary to effectuate the transfer of title to the Town of Southold, all in accordance with
the approval of the Town Attorney.
November 16, 2004 28
Southold Town Board Meeting
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#823
Moved by Councilman Ross, seconded by Councilman Edwards,
WHEREAS, the Town Board of the Town of Southold has met at the time and place
specified in the notice of public hearings on the Preliminary Capital Budget for the fiscal year
beginning on January 1, 2005, and heard all persons desiring to be heard thereon, now, therefore, be it
RESOLVED that the Town Board of the Town of Southold does hereby adopt such Preliminary
Capital Budget~ as amended~ as the Annual Capital Budget of this Town for the fiscal year
beginning on the 1st January 2005; and be it
FURTHER RESOLVED that such capital budget as adopted by this Board be entered in detail in the
minutes of the proceedings of this Town Board; and be it
FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare
and certify copies of said annual Capital Budget as adopted by the Town Board of the Town of
Southold, together with the estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the
Town Law, and deliver a copy thereof to the County Legislature of the County of Suffolk.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
#824
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS, the Town Board of the Town of Southold has met at the time and place
specified in the notice of public hearings on the Preliminary Budget for the fiscal year beginning on
January 1, 2005, and heard all persons desiring to be heard thereon; now, therefore, be it
RESOLVED that the Town Board of the Town Board of the Town of Southold does hereby adopt
such Preliminary Budget~ as amended~ as the Annual Budget of this Town for the fiscal year
beginning on the 1st day of January 2005; and be it
FURTHER RESOLVED that such budget as adopted by this Board be entered in detail in the minutes
of the proceedings of this Town Board; and be it
FURTHER RESOLVED that the Town Clerk of the Town of Southold shall prepare and certify
copies of said annual budget as adopted by the Town Board of the Town of Southold, together with the
estimates, if any, adopted pursuant to Section 202a, Subdivision 5 of the Town Law, and deliver a
copy thereof to the County Legislature of the County of Suffolk.
SUPERVISOR HORTON: Actually, Tom, do you want to point out the changes that were made?
COUNCILMAN WICKHAM: At the Supervisor's request this morning, the Town Board made several
small adjustments to the budget. One of the key adjustments was to increase the staffing in the
Planning Department from four full-time people and one part-time person to five full-time people and
all of the funds to do that were found within our existing budget, so it didn't result in an increase in the
total expenditures in the budget. There also was a modest increase for maintenance of vehicles in the
Human Resource Department. And I guess there was a further adjustment to enable us to move ahead
with the Orient Causeway Project, but that basically is a matter of moving funds from ....
November 16, 2004 29
Southold Town Board Meeting
SUPERVISOR HORTON: The main change that was made in regard to the Planning Department
came largely at the behest of Councilman Wickham, in direct response to public input that was
received at the budget hearing. Which is why we encourage the public to be involved in the process. I
think it helped the Board look at the issue a bit differently and through the guidance of Jeri
Woodhouse and Tom Wickham, the Planning staff issue was brought to the table and I think the Board
found resolution on it.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That gets us to our public hearings.
Moved by Justice Evans, seconded by Councilman Ross, it was
RESOLVED that this Town Board meeting be and hereby is declared recessed in order to hear two (2)
public hearings on the matter of (1.) HEARING ON "A LOCAL LAW IN RELATION TO THE
PRESERVATION OF HISTORIC LANDMARKS" AND (2.) HEARING ON CITIZEN VIEWS
ON LOCAL HOUSING COMMUNITY DEVELOPMENT NEEDS TO BE MET WITH
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Vote of the Town Board: Aye: Councilman Edwards,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
Councilman Ross, Councilman Wickham,
#825
Moved by Justice Evans, seconded by Councilman Wickham,
WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,
New York, on the 26TM day of October 2004 a Local Law entitled "A Local Law in relation to the
Preservation of Historic Landmarks." and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local
Law which time all interested persons were given an opportunity to be heard.
RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law:
LOCAL LAW NO. 22 2004
A Local Law in relation to the Preservation of Historic Landmarks.
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. CODE AMENDMENT.
Chapter 56 of the Code of the Town of Southold is hereby repealed in its entirety and replaced with the
following:
§ 56-1. Title. This chapter shall be known and may be cited as the "Historic Landmarks Preservation
Law of Southold Town."
§ 56-2. Purpose.
Within the Town of Southold there exist landmarks of special historic significance, which by reason of
their history, antiquity, uniqueness, architecture and/or character contribute to a strong sense of identity
within their communities and provide tangible linkages to the Town's historic, architectural and
cultural heritage.
The Town of Southold believes it important to afford proper recognition to these historic landmarks
and to protect them from incompatible alterations or demolition and maintain them for the continuing
recognition, use and enjoyment of current and future residents and visitors of the Town. In doing so, it
November 16, 2004 30
Southold Town Board Meeting
is also expressly the intent of the Town of Southold not to affect, abridge, limit or change in any way
the uses permitted by the zoning regulations as applicable to such properties.
By the enactment of this Local Law, it is the Town's intention to meet these objectives and those set
forth by the Town in its comprehensive planning documents and Local Waterfront Revitalization
Program, by:
(a) Emphasizing as a statement of local policy that the conservation, protection, enhancement
and preservation of such historic landmarks is necessary to promote the cultural, economic,
educational and general welfare of the Town's residents;
(b) Encouraging the identification and recognition of historic resources which represent
distinctive elements of historic, architectural and cultural heritage; and
(c) Providing for the careful, thoughtful and informed evaluation of any proposed demolition
or removal or alteration of the facade of any historic landmark affected by this Local Law;
(d) Promoting heritage tourism; and
(e) Maintaining visual compatibility with the historic character of neighboring properties in
public view.
§ 56-3. Definitions.
Unless specifically defined below, words or phrases in this Local Law shall be interpreted as to give
them the same meaning they have in common usage and as to apply this Local Law consistent with its
statement of purpose.
ADAPTIVE REUSE A process that adapts buildings for new uses while retaining their historic
features.
ALTERATION Any act, process or work that significantly changes the exterior appearance or
exterior architectural features of a landmark, including the renovation, restoration, reconstruction,
obstruction, addition to or removal of any part of such a landmark.
DEMOLITION The destruction, razing, disassembly or collapse of a landmark, or the engagement in
acts that will necessarily cause such effect.
FACADE The elevations/faces of a landmark visible from a public street.
HISTORIC Those landmarks designated as such pursuant to §56-10 of this Chapter.
REMOVAL Any relocation of a landmark on its site or to another site.
§ 56-4. Powers and Duties of the Historic Preservation Commission.
A. There is hereby created a commission to be known as the Town of Southold Historic
Preservation Commission. The Historic Preservation Commission shall consist of five (5) members to
be appointed by the Town Board, to the extent available in the community, as follows:
1. At least one member shall be an architect experienced in working with historic
buildings;
2. At least one member shall have demonstrated significant interest in and commitment to
the field of historic preservation; and
3. All members shall have a known interest in historic preservation and architectural
development within the Town of Southold.
B. Members of the Historic Preservation Commission shall serve for a term of four years with the
exception of the initial term of one of the members which shall be for one year, lwo which shall be for
lwo years, and lwo which shall be for three years.
C. There shall be a Secretary to the Commission who shall be responsible for the keeping of
meeting minutes, publication of meeting minutes, posting of public notices and any other relevant
duties.
November 16, 2004 31
Southold Town Board Meeting
D. The Chair, the Vice Chair and the Secretary of the Commission shall be elected by and from
the members of the Commission annually at the first regular meeting of the calendar year, except for
the first organizational meeting convened after this local law is enacted.
E. The powers of the Commission shall include:
1. Employment of staff and professional consultants as necessary to carry out the duties of
the Commission, within the limits of appropriations of the Town Board;
2. Promulgation of rules and regulations as necessary for the conduct of its business;
3. Conduct of surveys of significant historic, architectural, and cultural landmarks and
historic districts within the Town;
4. Designation and recommendation of identified landmarks or resources as historic
landmarks;
5. Recommend acceptance to the Town Board of the donation of fagade easements and
development rights, and the making of recommendations to the Town Board concerning the acquisition
of fagade easements or other interests of real property as necessary to carry out the purposes of this act;
6. Increasing public awareness of the value of historic, cultural, and architectural
preservation by developing and participating in public education programs;
7. Making recommendations to Town government concerning the utilization of state,
federal or private funds to promote the preservation of landmarks and historic districts within the
Town;
8. Recommending acquisition of a landmark by the Town Board where its preservation is
essential to the purposes of this act and where private preservation is not feasible; and
9. Approval or disapproval of applications for Certificates of Appropriateness of
demolition, alteration or economic hardship pursuant to this act.
F. The Commission shall meet at least monthly, but meetings may be held at any time on the
written request of any two of the Commission members or on the call of the Chair.
G. A quorum for the transaction of business shall consist of 3 of the Commission's members, but
not less than a majority of the full authorized membership may grant or deny a Certificate of
Appropriateness.
H. All members shall attend and complete relevant training programs as the Town Board may
require.
I. The Commission shall publish and update as needed "A Guide to Historic Preservation in
Southold Town.
§ 56-5. Designation of Historic Landmarks.
(a) Upon application of the property owner, the Historic Preservation Commission shall have the
authority to recommend that the Town Board designate individual landmarks as "historic" and thereby
subject to the provisions of this Chapter, if such landmarks:
1. Qualify for inclusion on the State or National Registers of Historic Places; or
2. Possess significant character or historic, aesthetic or archaeological interest or value as part
of the cultural, architectural, economic or social heritage of the community or Town, i.e.,
those included on the Society for the Preservation of Long Island Antiquities List (SPLIA);
or
3. Are the site of an historic event or are identified with historic personages; or
4. Possess a unique location or physical characteristic, thereby representing an established and
familiar visual feature of the community or Town.
5. Owners of landmarks that meet the qualifications for designation under any of the above
sections (a)l .-4. may apply to have their properties granted landmark status and to be
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Southold Town Board Meeting
covered by this Chapter. Those properties currently on the SPLIA list are automatically
considered eligible, and may formally request designation.
The Town Clerk shall send notice pursuant to Chapter 58 of the Town Code of any such proposed
designation to the owner of record of the property proposed for designation, describing the property
proposed and announcing a public hearing by the Town Board to consider the designation. Once the
Town Board has issued notice of a proposed designation, no demolition or building permits shall be
issued with regard to the property until the Town Board has made its decision on the proposed
designation.
The Town Board shall hold a public hearing prior to taking action on any proposed designation. The
Historic Preservation Commission, owners and any interested parties may present any relevant
testimony or documentary evidence at the hearing, all of which will become part of the record. The
record may also contain staff reports, public comments, and other evidence offered outside of the
hearing.
(b) Notwithstanding the foregoing, the landmarks located within the Town of Southold listed, as of
the effective date of this Local Law, on the Southold Town Designated Landmarks Roster, the State or
National Registers of Historic Places, or listed as "contributing buildings or sites" in a State or
National Register Historic District or National Landmark District, are hereby designated as "historic"
for the purposes of this Chapter. A listing of such landmarks is annexed hereto and made a part of this
Local Law.
(c) Recognition. All owners of designated and approved landmarks in the Town will be awarded a
special Certificate of Recognition and/or a plaque to acknowledge their property as an official
Southold Town Landmark.
§ 56-6. Certificate of Appropriateness for Alteration, Demolition or New Construction.
No person shall carry out any of the following activities without first obtaining a Certificate of
Appropriateness specifically permitting such activity from the Town of Southold Historic Preservation
Commission:
(a) the demolition or removal of landmarks designated as "historic" pursuant to
§56-5 of this Local Law; or
(b) the alteration of the facade of landmarks designated as "historic" pursuant to
§56-5 of this Local Law.
No demolition or building permit shall be issued for such activities without such Certificate of
Appropriateness. The Certificate of Appropriateness required by this Chapter shall be in addition to
and not in lieu of any building permit that may be required by any other Chapter of the Town Code of
the Town of Southold.
§ 56-7. Procedure for Applying to Historic Preservation Commission for Certificate of
Appropriateness.
(a) In all cases where a Certificate of Appropriateness is required by the Historic Preservation
Commission, an applicant shall provide the Historic Preservation Commission with the following
information on the prescribed form:
1. Name, address and telephone number of the applicant; location, tax map number, and
photographs of each side of the landmark; and a brief description of the landmark indicating
(approximate) date of construction, name of architect (if known), historic and/or architectural and
archaeological significance and a description of its setting, including related grounds, accessory
buildings and structures and property boundaries, the nature of the work proposed, and elevation
drawings, if available;
2. history of the recent (i.e., past 10 years) use, occupancy and ownership of the property;
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3. name, address and telephone number of the individual, contractor, or corporation
performing the work;
4. application fee receipt; and
5. any information required by the Historic Preservation Commission to make a
determination on an application.
(b) The Historic Preservation Commission shall hold a public hearing within sixty (60) days after
receipt of an application completed in accordance with this Section. At the hearing, all interested
persons shall be provided the opportunity to present their views. Notice of the public hearing shall be
published at least once in a newspaper of general circulation in the Town, i.e., the Town's official
newspaper, at least ten (10) days prior to the date of the public hearing. At the hearing, the Historic
Preservation Commission may take testimony and entertain the submission of written evidence from
any person.
(c) The Historic Preservation Commission shall act to approve, deny or approve with conditions
the application for a Certificate of Appropriateness within sixty (60) calendar days after the conclusion
of the hearing except where such time shall be extended by mutual agreement of the Historic
Preservation Commission and the applicant. Such determination shall be in writing and accompanied
by findings, which findings shall seek to balance, to the extent practicable, the objectives of the
applicant with broader issues that may be associated with the value of the historic site or landmark to
the community's heritage. Within seven (7) days following the determination, the applicant shall be
sent by registered mail either an Certificate of Appropriateness or a denial and a copy thereof shall be
provided to the Building Department of the Town.
In the case of the granting of a Certificate of Appropriateness, the Historic Preservation Commission
shall be empowered to impose reasonable conditions upon the applicant to ensure that the activity is
conducted in a manner which is consistent with the spirit and intent of this Local Law.
A denial of the application shall be accompanied by a written statement of the reasons for the denial.
In the case of denial, the Historic Preservation Commission shall be required to make
recommendations to the applicant concerning reuse or restoration of the landmark. The Historic
Preservation Commission may also notify a governmental agency with the authority to acquire the
property and prevent its demolition through exercise of its power of eminent domain.
§ 56-8. Criteria for Approval of Alteration of the Facades of Historic Landmarks.
The Historic Preservation Commission, in reviewing an application for the alteration of the facades of
landmarks designated as "historic" pursuant to §56-5 of this Local Law, shall not consider changes to
interior spaces. In addition to the factors enumerated in §56-9(a), the Commission shall consider the
following criteria:
(a) Whether the proposed alteration is consistent with principles of adaptive reuse, whereby the
principal historic features of the landmark are maintained while permitting the use of the
landmark for new uses other than its original use;
(b) The similarity in design, architecture and appearance of the proposed alteration with the
historic design, architecture and appearance;
(c) The necessity for complying with the applicable building codes or other federal or state
regulations;
(d) The necessity of such alteration to allow for a use of the property permitted by the Town
Code in the applicable zoning district; and
(e) The public interest in preserving the historic features of the landmark and its relation to the
historic character of the community and Town.
§56-9. Criteria for Approval of Demolition or Removal of Historic Landmarks.
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(a) In passing upon an application for Certificate of Appropriateness of demolition or removal, the
Historic Preservation Commission decision shall consider whether:
1. the landmark is of such architectural or historic interest that its demolition or removal
would be to the detriment of the public interest;
2. retention of the landmark in its current form or location is important to the Town's
history or character;
3. the landmark is of such old and unusual or uncommon design, texture and material that
it could not be reproduced or be reproduced only with great difficulty;
4. retention of the landmark would help preserve and protect an historic place or area of
historic interest in the Town; and
5. retention of the landmark will promote the general welfare by maintaining and
increasing real estate values and encourage interest in American and local history and architecture.
(b) If the Historic Preservation Commission determines that an application for Certificate of
Appropriateness of demolition or removal should be denied, the applicant may apply for relief on the
ground that the determination results in a hardship in accordance with the procedures in §56-10.
§ 56-10. Hardship Criteria for Approval of Demolition, Removal or Alteration of Historic
Landmarks.
If the Historic Preservation Commission denies an application for the demolition, removal or alteration
of a landmark designated as "historic" pursuant to §56-10 of this Local Law, the applicant may request
approval from the Town Board on the grounds that the prohibition on such demolition or removal will
subject the applicant to undue hardship. In evaluating whether such prohibition will subject the
applicant to undue hardship, the Town Board shall consider the following criteria:
(a) Whether the owner is capable of earning a reasonable return on investment without such
demolition, removal or alteration;
(b) Whether the landmark can be altered, restored, renovated or adapted for any other use
pursuant to a Certificate of Appropriateness under this Chapter, either by the owner or a
subsequent purchaser, which would enable a reasonable return;
(c) Whether removal or alteration is necessary or appropriate to preserve the landmark;
(d) Whether the claimed hardship has been self-created by waste, neglect, or failure to maintain
the landmark; and
(e) The public interest in preserving the landmark and its relation to the historic character of
the community and Town.
Nothing herein shall be construed to prevent the demolition, removal or alteration of any structure
which has been determined by resolution of the Town Board of the Town of Southold to be dangerous
or unsafe.
§ 56-11. Appeals.
Any person aggrieved by a decision of the Historic Preservation Commission relating to an application
under this Chapter may, within thirty (30) days of the decision, file a written application with the Town
Board for review of the decision. Reviews shall be conducted based on the same record that was
before the commission and using the criteria set forth in this Chapter.
§ 56-12. Enforcement.
All activities conducted and work performed pursuant to a Certificate of Appropriateness issued by the
Historic Preservation Commission under this Local Law shall conform to the specific requirements of
the Certificate of Appropriateness. It shall be the duty of the Code Enforcement Officer to inspect
periodically any such activities or work to ensure compliance. In the event it is determined that such
activities or work are not being conducted or performed in accordance with the Certificate of
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Appropriateness, the Code Enforcement Officer shall issue a stop work order and all affected activities
and work shall immediately cease. No further affected activities or work shall be undertaken while the
stop work order is in effect.
§ 56-13. Violations.
Any violation of the provisions of this Local Law shall be violation of the Town Code and shall be
punishable by a fine not to exceed one thousand dollars ($1000.00). Each week's continuing violation
shall constitute a separate violation. The Town Attorney is authorized and directed to cooperate with
the Code Enforcement Officer to institute any and all actions and proceedings necessary to enforce this
Local Law. Any civil remedy shall be in addition to and not in lieu of any criminal prosecution or
penalty.
§56-14. Fees.
An applicant may be charged a fee by the Historic Preservation Commission for the cost of processing
and reviewing an application for a Certificate of Appropriateness, including reasonable costs incurred
for its private consultants, and for the actual cost of preparation and publication of each public notice
of hearing with respect to any application. All such fees shall be in accordance with a fee schedule
established and periodically reviewed by the Town Board.
II. Severability.
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
III. Effective Date.
This Local Law shall be effective immediately upon its filing in the Office of the Secretary of State.
SUPERVISOR HORTON: This is a local law, I want to thank everybody that has been involved,
everybody that has been part of this public hearing and everybody who has been with the Town
discussing historic preservation, the merits, the ups, the downs, the good, the bad, the ugly and brought
this to the point we are at now, which I think is a real, you know, the Board advance at this point, this
is a tremendous step forward and you ought to be commended.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: That concludes the resolutions and Mr. Carlin, you would like to address
the Board on general town business.
MR. CARLIN: I think it is wrong for the Town Board to support that dog walk. Because I will tell
you why, animals are temperamental....are youse listening? Animals are temperamental, they are
unpredictable. Some might look friendly and some don't look friendly, might not act friendly. Now,
this happened just the other night on television, I have seen it happen a couple of times. You are going
to have this dog walk and you are going to unleash the dogs. There is no way of knowing how many
dogs or what will happen because you can't predict this.
SUPERVISOR HORTON: So you are ....
MR. CARLIN: And there is going to be a problem.
SUPERVISOR HORTON: So you are opposed to the Town opening a dog run?
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MR. CARLIN: Right. For that reason.
SUPERVISOR HORTON: Gotcha.
MR. CARLIN: Because dogs are unpredictable and what happens, like on TV the other night was two
dogs got in a fight and the owner went to separate them and the dog attacked the owner. And this
could very well happen. Plus, there might be some animal in there that is carrying a disease and there
are several ways that it could be spread, because I used to work for a veterinarian when I was a little
boy. So I would say, look twice at this thing before you okay it. and I want to say another thing, make
sure that you have good liability insurance because you could be open for a lawsuit if somebody gets
injured there. Because it is on Town property. That is it.
SUPERVISOR HORTON: Thank you very much, Mr. Carlin.
Moved by Supervisor Horton, seconded by Councilman Ross, it was
RESOLVED that this Town Board meeting is hereby declared adjourned.
Vote of the Town Board: Aye: Councilman Edwards, Councilman Ross, Councilman Wickham,
Councilman Romanelli, Justice Evans, Supervisor Horton.
This resolution was duly ADOPTED.
SUPERVISOR HORTON: Thank you very much for participating, thank you for being here and thank
you for the Town Board.
Linda J. Cooper
Deputy Town Clerk