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HomeMy WebLinkAboutTB-09/19/2005-S ELIZABETH NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765-1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD SPECIAL MEETING September 19, 2005 9:00 AM A Special Meeting of the Southold Town Board was held Monday, September 19, 2005 at the Meeting Hall, Southold, NY. Supervisor Horton opened the meeting at 9:00 AM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived William P. Edwards Town of Southold Councilman Absent 9:00 AM Daniel C. Ross Town of Southold Councilman Present 9:00 AM Thomas H. Wickham Town of Southold Councilman Present 9:00 AM John M. Romanelli Town of Southold Councilman Present 9:00 AM Louisa P. Evans Town of Southold Justice Absent 9:00 AM Joshua Y. Horton Town of Southold Supervisor Present 9:00 AM Elizabeth A. Neville Town of Southold Town Clerk Present 9:00 AM Patricia A. Finnegan Town of Southold Town Attorney Present 9:00 AM Iv. for Discussion Subject Details 1. Moratorium - Formula Business Code Set for public hearing 2. Chapter 37 Amendment to Code Set for public hearing 3. Chapter 97 Amendment to Code Set for public hearing 4. Special Permit for Historic Buildings Set for public hearing Statements SUPERVISOR HORTON: Welcome to the morning public meeting of the Southold Town Board. Please rise and join with me in the Pledge of Allegiance. We have a very limited agenda this morning. And we will move forward, first can I get a motion for setting the next Regular Town Board meeting? Before… TOWN ATTORNEY FINNEGAN: Josh? SUPERVISOR HORTON: Yes? Page 1 September 19, 2005 Town of Southold Board Meeting th TOWN ATTORNEY FINNEGAN: And set a Special Meeting for October 4. th SUPERVISOR HORTON: October 4, at….? TOWN ATTORNEY FINNEGAN: 2:00. SUPERVISOR HORTON: 2:00. I make a motion we set a Special Meeting for purposes of a th public hearing for October 4, 2:00, Southold Town Hall. Seconded by Councilman Romanelli. At this point, I offer the floor to the public to address the Board on any of the resolutions before us. 565 through 568. Would anybody care to address the Board on these resolutions? No, Ms. Adams, you are more than welcome to address the Board. JODY ADAMS: Okay. Am I correct that you now (inaudible). TOWN CLERK NEVILLE: Excuse me, please bring the mike around, Jody, I am sorry. MS. ADAMS: I am sorry, I am Jody Adams and my first question is addressed to Supervisor Horton. And I am saying is it correct that your wife is related to the Port of Egypt family? SUPERVISOR HORTON: My wife is a Lieblein and the Lieblein family owns Port of Egypt, yes. MS. ADAMS: And there is a restaurant? The Port of Egypt has a restaurant or not? SUPERVISOR HORTON: No. MS. ADAMS: They don’t? SUPERVISOR HORTON: I don’t believe so, they are a marina. MS. ADAMS: Well, they were, yeah, they are a lot of different things. I thought there was a….does anyone know? COUNCILMAN ROMANELLI: I don’t believe they do. MS. ADAMS: Okay. So you don’t have much of a conflict in that instance. Or any conflict in your interest in the restaurant. SUPERVISOR HORTON: No. MS. ADAMS: That…. SUPERVISOR HORTON: Mind you, my wife’s side of the family has no financial interest in the Port of Egypt, either. Page 2 September 19, 2005 Town of Southold Board Meeting MS. ADAMS: Oh, really? SUPERVISOR HORTON: Her father simply works there. MS. ADAMS: Really? Alright. See, I told you I didn’t know everything. I just know a little bit. There was a discussion about, which I think indirectly or directly may relate to this, it maybe should be said later. When property is declared surplus, that it has to go to bid, b. i. d., bid…. SUPERVISOR HORTON: We, there are no resolutions addressing that, addressing that question, so…. MS. ADAMS: I would like to, later, there will be an aftermath also to this? SUPERVISOR HORTON: An aftermath? MS. ADAMS: An after discussion, an ability to speak at the end of the formal meeting? SUPERVISOR HORTON: The purpose of this meeting is just to address, just to address these resolutions and set these hearings. MS. ADAMS: So there will be no public speaking at these speaking at the end of… SUPERVISOR HORTON: That is correct. We are just going to do resolutions, adjourn the meeting and we convene on Tuesday. MS. ADAMS: Okay, I think I could… SUPERVISOR HORTON: I will answer your question about surplus… MS. ADAMS: I appreciate that. Thank you. SUPERVISOR HORTON: If a municipally owned, if the Southold Town has a piece of property and it is declared surplus… MS. ADAMS: Right. Right. SUPERVISOR HORTON: …there is a time period by which that declaration can be challenged. If a proper percentage of residents file a petition, that property, before it can be sold can be sent to public can be sent to a public, permissive referendum. That is in the event a certain percentage of residents of the Town file a petition requesting a permissive referendum. If that is not the case, after that time period elapses, the Town Board can declare it surplus and sell it. The Town has to seek bids and I believe by law we cannot take less than appraised value. MS. ADAMS: Than the appraised value. You have to take the top bid? SUPERVISOR HORTON: I am not…. Page 3 September 19, 2005 Town of Southold Board Meeting TOWN ATTORNEY FINNEGAN: You have to take, are we talking about real estate or… SUPERVISOR HORTON: Real estate, yeah. MS. ADAMS: Real estate. TOWN ATTORNEY FINNEGAN: You don’t have to, you have to take at least fair market value. SUPERVISOR HORTON: You are not required by law to take the highest bid… MS. ADAMS: Why not? SUPERVISOR HORTON: ….but you are… TOWN ATTORNEY FINNEGAN: Because there is… SUPERVISOR HORTON: You would have to ask the State legislature that. MS. ADAMS: I am having trouble asking you all something. Okay. Thank you. For the moment that is good. Now I am on the agenda and I have several questions… SUPERVISOR HORTON: You are not on the agenda. MS. ADAMS: The FOIL resolution is not on it? SUPERVISOR HORTON: Oh, okay. I am sorry. Forgive me. MS. ADAMS: That is okay. It is rare. Okay, the question was raised and I doubt that anyone but the State Legislature can answer it, can I waive the 10 day thing so you all, so that there is time to discuss my position before this quick fix decision is made? Did anyone know? Whether I can waive the 10 day period? TOWN ATTORNEY FINNEGAN: Are you talking about the 10 day period that the Board has… MS. ADAMS: For the Board to respond. To answer. To agree or disagree. TOWN ATTORNEY FINNEGAN: We say that there is 10 business days to respond and the Board… MS. ADAMS: Well, in other words, the way this was raised, it was never discussed. Mr. Horton mentioned it and the male Town Attorney said ‘we will take it’, so there was no discussion. The material involves the top Town Attorney making any of the people working in Page 4 September 19, 2005 Town of Southold Board Meeting that office ruling on it an ethical and legal question. Which was not discussed at all. Mr. Wickham mentioned it briefly to you but it was, in other words, it was on the agenda, it was not discussed, it was grabbed by the Town Attorney’s office… SUPERVISOR HORTON: It wasn’t grabbed, it was… MS. ADAMS: …well, it was pretty close to it. If you look at the, if you look, well, I, in my opinion it was grabbed… SUPERVISOR HORTON: So, you are… MS. ADAMS: It is subjective. SUPERVISOR HORTON: Well, I am not here to argue about that, Jody… MS. ADAMS: Okay. Very good. SUPERVISOR HORTON: Your question is, can that 10 day period be waived? MS. ADAMS: Well, I am also discussing the whole situation, but go ahead. SUPERVISOR HORTON: Please. MS. ADAMS: Go ahead. No, no. If you are going to say something, that is one question… SUPERVISOR HORTON: I am trying to, I was trying… MS. ADAMS: …that is one question. In other words, my sense from the things that were written about it is, you have got to do it, we have got to put it on the agenda, we have to boom, boom, boom, boom because it is a 10 day period or a 10 working days or whatever and obviously the Town Board doesn’t even, you know, doesn’t even meet within that increment, and so I, I think it is worthwhile to find out if the applicant or the person putting the thing in has the right to give you more time if he or she feels it would be beneficial to the issue. SUPERVISOR HORTON: I would say the answer to that is yes. COUNCILMAN ROSS: Yes, but we don’t need it, Ms. Adams. MS. ADAMS: Well, okay. That is your opinion. That is one opinion, okay? Right? COUNCILMAN ROSS: Yes. MS. ADAMS: Right. SUPERVISOR HORTON: I am sure you could get four opinions. Page 5 September 19, 2005 Town of Southold Board Meeting MS. ADAMS: Well, perhaps but it has not been discussed. I have had things from you all which really don’t sit well, such as the actions of a town employee or right, an elected official of Town, where my memory is that you all sort of said, ‘well, he is elected, we are not going to do anything’ and yet his actions certainly bordered on the criminal… SUPERVISOR HORTON: Ms. Adams, I think you have strayed from the agenda.. MS. ADAMS: No. No, I am…. SUPERVISOR HORTON: And we are going to move forward with the agenda at this point. MS. ADAMS: Okay. I have not been given the document from the Town Attorney supporting his recommendation that you deny my appeal. Is it possible for me to see that? SUPERVISOR HORTON: Yeah. I am sure we can….is that? Is that, that is attorney-client, actually. TOWN ATTORNEY FINNEGAN: Yeah, I don’t have any comment on that. I have not been involved in this matter at all. ASSISTANT TOWN ATTORNEY CORCORAN: As a precedent, attorney-client, if you adopt it, it can be adopted as your reasoning and I would suggest that if you do adopt it, you should allow it to be known. SUPERVISOR HORTON: Make it public? ASSISTANT TOWN ATTORNEY CORCORAN: Yes. SUPERVISOR HORTON: So the answer is yes. MS. ADAMS: The answer to what question? SUPERVISOR HORTON: Your question if the attorney’s recommendation to us on this particular matter, will it be public information and the answer is yes. MS. ADAMS: Why can’t it be public information prior to your voting on it so that I or anyone else…. SUPERVISOR HORTON: Because our voting on it makes it an official position of the Town Board; which we will make, obviously, available to the public. MS. ADAMS: Well, I am not sure at all… SUPERVISOR HORTON: Jody, I am not going to satisfy, I can see that I am… Page 6 September 19, 2005 Town of Southold Board Meeting MS. ADAMS: You don’t listen either. You are cutting me off. SUPERVISOR HORTON: I can see that I am not going to give you an answer that is satisfactory. We will, you will have that information made available to you, at your request if we can move forward with the agenda. MS. ADAMS: I would prefer to have it available so that I can discuss it before you vote on it. You seem to have already decided to vote against it and I haven’t the vaguest idea why. So how can I discuss it? SUPERVISOR HORTON: Well, we’ve…. MS. ADAMS: How can I argue with you? SUPERVISOR HORTON: We’ve concurred…..it is not a matter of whether you can argue with us or not, we are taking the recommendation of our Assistant Town Attorney… MS. ADAMS: That you not release information that might be considered detrimental…. SUPERVISOR HORTON: We are going to release…. MS. ADAMS: …to your Town Attorney. No, no. I am talking about what I am requesting and I am also wondering if you all have ever seen it. Did she give you copies of this when I filed it? SUPERVISOR HORTON: I… MS. ADAMS: This is secrecy… SUPERVISOR HORTON: No, it is not secrecy, Jody. MS. ADAMS: This is the wrongful use of…. SUPERVISOR HORTON: You know what it is, Jody? MS. ADAMS: It is the wrongful use of law…. SUPERVISOR HORTON: You know what it is, Jody? It is you attacking somebody is what it is. That is what it is. MS. ADAMS: No. It is me bringing up issues which are worthy of discussion. SUPERVISOR HORTON: Go before the Ethics Board if you have concerns or questions. MS. ADAMS: The Ethics Board, sir, has not met this year. Your sacred Ethics Board…. Page 7 September 19, 2005 Town of Southold Board Meeting SUPERVISOR HORTON: Good. MS. ADAMS: …is not working. It is not meeting. SUPERVISOR HORTON: Write them a letter, Jody. MS. ADAMS: It is the Town Board’s…. SUPERVISOR HORTON: You are very good at that. MS. ADAMS: ….Ethics Board. What happened to your interest in ethics? SUPERVISOR HORTON: The Ethics Board is a solid board that will meet. Write them a letter. Ask them to convene. They are there for you. MS. ADAMS: They have not met since January. You are the one that is making this personal. I am saying that you set up an Ethics Board, you got your people on it… SUPERVISOR HORTON: Jody, we are going to… MS. ADAMS: …it has died a sad… SUPERVISOR HORTON: …move forward with the agenda. MS. ADAMS: ….No. I…. SUPERVISOR HORTON: No, we are. Would anyone else care to address the Town Board? (No response) Alright, Councilman Romanelli, 265, please. 565. V. Resolutions 2005-565 CATEGORY: Litigation DEPARTMENT: Town Attorney Adopts the Attached Recommendation of the Assistant Town Attorney and Denies the Appeal by Jody Adams of Her FOIL Request RESOLVEDadopts the attached that the Town Board of the Town of Southold hereby recommendation of the Assistant Town Attorney and denies the appeal by Jody Adams of her FOIL request dated September 6, 2005. Page 8 September 19, 2005 Town of Southold Board Meeting Attachment: MEMORANDUM TO: Members of the Town Board FROM: Kieran M. Corcoran, Esq., Assistant Town Attorney DATE: September 15, 2005 FOIL Appeal of Jody Adams SUBJECT: As directed by the Town Board, I have considered the appeal of Jody Adams dated September 6, 2005, regarding the denial by the Ethics Board of her FOIL request, either by its “failure to provide material requested . . . or denial.” In accordance with Section 73-8(C), a failure of a Town agency to respond, as happened here, constitutes a denial and is properly subject to appeal. The Appellant’s FOIL request sought various submissions made to the Ethics Board regarding its investigation of certain ethics complaints. Pursuant to Section 87(2)(b) and Section 87(2)(g) of the Freedom of Information Law, and as interpreted by the New York Department of State’s Committee on Open Government, documents pertaining to the substance of ethics complaints may properly be withheld from disclosure as an unwarranted invasion of personal privacy and/or as intra-agency materials. Only final determinations finding that an employee has been engaged in misconduct must be disclosed. In these instances, no such final determinations have been rendered. Accordingly, I recommend that Appellant’s FOIL appeal be DENIED. COUNCILMAN ROSS: Freedom of Information Law is an important statute that give the public the right to information. Council has advised that an ethics complaint is being sought in this case. I do not know who is involved in it. Council advises that the State Board that is responsible for giving opinions with respect to Freedom of Information requests has indicated in an opinion that ethic complaints that are unfounded are not subject to being FOILed and on that basis I join in the denial of the request. Page 9 September 19, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-565 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-566 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set October 4, 2005 At 2:00 Pm As the Time and Place for a Local Law Entitled “Temporary Moratorium on the Processing, Review Of, and Making Decisions on Applications for Site Plans for Retail Stores and Restaurants (Including Take-Out and Formula Food ) Over 3000 Square Feet In the Town of Southold" WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New Temporary Moratorium on the York, on the 19th day of September, 2005, a Local Law entitled, “ Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold” ; now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid 4th Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the day of October 20052:00p.m. at at which time all interested persons will be given an opportunity to be heard. Temporary Moratorium on the Processing, Review of, and making The proposed local law entitled, “ Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2005 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores over 3000 square feet in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT Page 10 September 19, 2005 Town of Southold Board Meeting The Town Board is considering the important recommendations of the recently adopted Hamlet Study and the Planning Board, but is faced at the same time with pending and proposed applications for development of retail, formula, and “big box” type development which could be detrimental to the character and sustainability of the hamlet centers. The Town Board recognizes that the existing Zoning Code is inadequate to deal with these chain and large-scale businesses that have been and will, in the near future, be proposed. The size and population of the Town, the scale of its existing buildings, the traffic and transportation issues facing the hamlets, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that retail and commercial limits should be established to sustain the hamlets. Regulation on the size, location and appearance of large chain retail businesses is necessary to address the problems these businesses create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town Planning Board and Planning Department are currently working with the Town Attorney to review the retail uses, sizes, and locations to update and create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board finds that it is reasonable and in the public interest to temporarily suspend the application process for larger retail stores so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of Ninety (90) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the Ninety (90) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is Page 11 September 19, 2005 Town of Southold Board Meeting in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a RETAIL STORE over 3000 square feet, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-b and Chapter 100 of the Southold Town Code, including without limitation, provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §100-13 of the Code of the Town of Southold. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for site plans or special exception use permits for RETAIL STORES over 3000 square feet in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this local law; 2) Additions to existing retail stores provided said addition will not result in a cumulative floor area of said business in excess of 3000 square feet, and further provided such addition to retail store does not include a drive-through component; 3) Wineries; 4) Agricultural operations and accessory uses thereto. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Page 12 September 19, 2005 Town of Southold Board Meeting Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a, §274-b and the provisions and requirements set forth in Chapter 100 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this local law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 100 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Page 13 September 19, 2005 Town of Southold Board Meeting Section 7. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Vote Record - Resolution 2005-566 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Initiator 2005-567 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set October 11, 2005 At 5:00 P.M., As the Time and Place for a Public Hearing on a Local Law Entitled, “A Local Law In Relation to Amendments to Chapter 37” WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law in County, New York, on the 19th day of September, 2005 a Local Law entitled “ relation to Amendments to Chapter 37 ” now, therefore, be it RESOLVEDhold a public hearing on the that the Town Board of the Town of Southold will aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, th on the 11 day of October, 2005 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law in relation to Amendments to Chapter 37 The proposed Local Law entitled, “” reads as follows: Page 14 September 19, 2005 Town of Southold Board Meeting LOCAL LAW NO. ______ 2005 A Local Law entitled, “A Local Law in relation to Amendments to Chapter 37”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Purpose I. – In order to promote the effective enforcement of the laws protecting the Coastal Erosion Hazard Areas within the Town of Southold, it is necessary to make amendments to the penalties provision of Chapter 37. These amendments are intended to clarify and strengthen the criminal penalties associated with violations of this law. II. Chapter 37 of the Code of the Town of Southold is hereby amended as follows: §37-47. Penalties for Offenses. A violation An offense of a provision of this Chapter is hereby declared to be an offense is a violation punishable by a fine not exceeding five thousand dollars ($5,000.00) or imprisonment for a period not to exceed six (6) months, 15 days or both. Each day’s on which such continued violation of this Chapter occurs will constitute a separate additional violation. Nothing herein will shall be construed to prevent the proper local authorities of the Town from taking such other lawful actions or proceedings as may be necessary to restrain, correct or abate any violation of this Chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Page 15 September 19, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: Just a comment that this local law provides for a fine, an offense of provision, it defines the violation necessary to achieve certain fines under the wetlands code. Vote Record - Resolution 2005-567 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Initiator 2005-568 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Set October 11, 2005 At 5:05 Pm, Southold Town Hall, As the Time and Place for a Public Hearing On” a Local Law In Relation to Amendments to Chapter 97” LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN , there has been presented to the Town Board of the Town of Southold, A Local Law in Suffolk County, New York, on the 19th day of September, 2005 a Local Law entitled “ relation to Amendments to Chapter 97 ” AND NOTICE IS HEREBY FURTHER GIVEN 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 th Road, Southold, New York, on the 11 day of October, 2005 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law in relation to Amendments to Chapter 97 The proposed Local Law entitled, “” reads as follows: LOCAL LAW NO. ______ 2005 Page 16 September 19, 2005 Town of Southold Board Meeting A Local Law entitled, “A Local Law in relation to Amendments to Chapter 97”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section I. Purpose In early 2004, an updated Chapter 97 of the Town Code was adopted by the Town Board. The amended chapter was designed to provide necessary regulation of wetlands and natural resources throughout the Town of Southold. It has become necessary to make additional amendments to the Code to ensure for the residents of the Town both a clear understanding of the Code and continued protection of the natural resources. The amendments include addition of and amendment to several definitions, reduction in fee for administrative permit, a fee of $50.00 associated with pre-application site visits, establishment of a dock and float fee, elimination of the notice of violation, and a codification of Trustee policies designed to protect the wetlands and natural resources of the Town. Section II. Chapter 97 of the Code of the Town of Southold is hereby amended as follows: § 97-11. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future; words used in the plural number include the singular number; and words used in the singular number include the plural number. The word "shall" is always mandatory and not directory. CONSTRUCTION AND DEMOLITION (C & D) DEBRIS – Includes but is not limited to waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, wood shingles and the like and rubble resulting from remodeling, demolition, repair and building of structures. HOMEOWNERS’ OR HOMES ASSOCIATION – A community association, including a condominium association, which is organized in a residential development in which individual owners have a shared interest in the responsibility for open space or facilities. MATERIAL – Soil, sand, stone, gravel, clay, bog, peat, mud or any other material, including liquids, organic or inorganic. NON FERTILIZER – Not to include the use of fertilizers of any type. OPERATIONS – A. The removal of material from wetlands or otherwise within Trustee jurisdiction. B. The deposit or discharge of material on wetlands or otherwise within Trustee jurisdiction. C. The deposit or discharge of material on any area that results in the transport of said materials into wetlands or otherwise within Trustee jurisdiction. D.C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands, or otherwise within the Trustees jurisdiction. Page 17 September 19, 2005 Town of Southold Board Meeting E.D. Removing or otherwise affecting the growth of plants in wetlands or otherwise within Trustee jurisdiction. STRUCTURE – Any object constructed, installed or placed in, on or under land or water, including but not limited to a building; permanent shed; deck; in-ground and aboveground pool; garage; mobile home; road; public service distribution, transmission or collection system; tank; dock; pier; wharf; groin; jetty; seawall; bulkhead; breakwater; revetment; artificial beach nourishment; boat rack; trellis; arbor; gazebo; walkway; statue; sculpture; stairs; or any addition to or alteration of the same. WETLANDS (FRESHWATER) – A. "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; or B. All lands and waters in the town which contain any or all of the following: (1) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semi-aquatic vegetation of the following types: (a) Wetland trees which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana) and larch (Larix laricina); (b) Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), common winterberry (Ilex verticillata) leatherleaf (Chamaedaphne calyculata), and swamp azalea (Rhododendron viscosum); (c) Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), common reed (Phragmites australis), wildrice (Zizania aquatica), bur-reeds (Sparganium spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago- aquatica); (d) Rooted, floating-leaved vegetation, including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.); (e) Free-floating vegetation, including, among others, duckweed (Lemna spp.), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.); (f) Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently water-logged soils to give it a competitive advantage over other open land vegetation, including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spikerush (Eleocharis spp.); (g) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries (Vaccinium macrocarpon and V. oxycoccos); or (h) Submergent vegetation, including, among others, pondweeds (Potamogeton spp.), naiads (Najas spp.) bladderworts (Utricularia spp.), wild Page 18 September 19, 2005 Town of Southold Board Meeting celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.) muskgrass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water smartweed (Polygonum amphibium). (2) Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention. (3) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection B(1) or be dead vegetation as set forth in Subsection B(2), the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation. (4) The waters overlying the areas set forth in Subsection B(1) and (2) and the lands underlying Subsection B(3). § 97-12. Declaration of Policy, Jurisdiction and Setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 97 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal pool; (2) Any creek, estuary, stream, pond, canal, or lake; (3) Land under water; (4) Land subject to tidal action; (5) Land within 100 feet of the areas listed above. D. Setbacks: The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (1) Wetland Boundary (a) Residence – one hundred (100) feet; (b) Driveway – fifty (50) feet; (c) Sanitary leaching pool (cesspool) – one hundred (100) feet; (d) Septic tank – seventy five (75) feet; (e) Swimming Pool and related structures – fifty (50) feet; (f) Landscaping or gardening – fifty (50) feet; (g) Placement of C&D material- one hundred (100) feet; (2) Bluff Line (a) Residence – one hundred (100) feet; (b) Driveway – one hundred (100) feet; (c) Sanitary leaching pool (cesspool) – one hundred (100) feet; (d) Swimming Pool and related structures – one hundred (100) feet; The Board of Trustees reserves the right to waive or alter these setbacks where site-specific and/or environmental conditions justify such action. § 97-13. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (7) The ordinary and usual maintenance or repair of a man-made pond as defined Page 19 September 19, 2005 Town of Southold Board Meeting in (§ 97-11). This exception does not apply to filling of unlined manmade ponds. (8) Proactive restoration or enhancement projects conducted in cooperation with the Trustees including, but not limited to, salt marsh restoration, eelgrass plantings or other vegetative enhancement work (9) Installation or burial of a residential propane tank within 100 feet of wetlands in an existing, established yard area when more appropriate upland placement is not possible B. Nothing contained in this section shall alter the jurisdiction of the Southold Town, Board of Trustees. ARTICLE II, Permits § 97-20. Permit procedures. B. Administrative Permit. (2) The following operations will be considered for Administrative review: (j) The construction of a permitted bulkhead, which is to replace an existing functional bulkhead, subject to the following: [3]Any such activities shall require the addition of a non-turf buffer area not to exceed twenty (20) feet wide as defined in (§ 97-11). (k.) Minor changes to existing, valid Trustee permits. The Trustees reserve the right to determine whether the changes qualify for Administrative review. § 97-21. Application. A. Contents of Application. A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. Six (6) Three (3) copies of the complete application, including all written descriptions, pictures and surveys, shall be submitted to the Clerk. Such application shall contain the following information: (8) Such application shall be accompanied by a survey and topographical map, created no more than one (1) year prior to the date of application, with contours at two-foot intervals, showing all wetlands within a two hundred foot (200’) radius of the area from which the removal or in which the deposit of materials is proposed, or in which structures are to be erected, certified by a registered land surveyor or registered professional engineer, licensed by the State of New York. Such survey and topographical map shall show the soundings of the area in which operations are proposed to be conducted. The horizontal control of said survey shall be based on an approved local coordinate system. The vertical control for elevations shall be based on the United States Coast and Geodetic Survey datum. (18) A completed Local Waterfront Revitalization Program Consistency Assessment Form. § 97-22. Fees. A. Every application for a permit filed with the Clerk shall be accompanied by a filing fee of two hundred fifty dollars ($250), which includes the first site visit, no portion of which shall be refundable. Page 20 September 19, 2005 Town of Southold Board Meeting The fee for an Administrative permit shall be fifty dollars ($50). For structures that have been previously built without a permit the fee will be doubled. If a pre-application site visit is requested, the feel shall be fifty dollars ($50). E. Dock and float fee: Every application for a new dock or float shall include a fee equal to $3/ft of linear length for residential docks and $3ft for commercial docks. Commercial docks are any structures that are rented, leased or otherwise used to generate income including, but not limited to, those structures located on properties zoned M1 and M2. § 97-23. Processing of application. A. Pre-Submission Conference. Applicants are encouraged to schedule a voluntary Pre- submission site visit to discuss the proposed operations with the Board. Discussions in the field are purely advisory and non-binding but this meeting is intended to facilitate communication between the applicant and the Board. There will be a fifty dollar ($50) no fee for this conference. § 97-25. Contents of permit. Each permit issued hereunder by the Clerk pursuant to a resolution of the Trustees shall be valid for a period of two (2) years from the date of approval. Said permit may be renewed for two consecutive one year periods at the discretion and review of the Board. Each permit shall state the following: K. A statement that: “The permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit” § 97-27 Construction and Operation Standards A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (4) Fences. In general, fences are prohibited from beaches and wetland areas. Trustees reserve the right to permit erection of a fence where the applicant has shown that there is a need to protect their private property. In these rare cases, Oonly split rail fences are allowed on beaches. Fences on beaches Such fences shall be perpendicular to the waterline and not be closer than ten (10) feet to MHW. Only one posted sign per one hundred (100) linear feet of fence is allowed. Posted signs shall be o larger than twelve (12) inches by twelve (12) inches square. (6) Decks and platforms. No decks or platforms shall be permitted on or nearbluffs. Platforms associated with stairs may not be larger than thirty-two (32) square feet sixteen (16) square feet (8) No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based on their site inspection. B. Shoreline Structures. Page 21 September 19, 2005 Town of Southold Board Meeting The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water dependent nature of their use. (1) Bulkheads, Retaining Walls, Revetments and Gabions. (a) Only in place replacement of existing functional bulkheads (as defined in § 97- 11) is permitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At their discretion, the Board may allow for a one time projection of the replacement structure seaward of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure. (b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme erosion is demonstrated and it shall not increase erosion on neighboring properties. (c) Bulkheads on the Sound must be armored with stone. (d) All bulkhead construction and renovation work requires the establishment of a permanent non-turf buffer as defined by § 97-11. (e) Retaining walls are not permitted unless excessive erosion can be demonstrated. (f) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. These restrictions so not apply to structures proposed landward of the wetland boundary. Encapsulated pilings or native non chemically treated (untreated) lumber only should be used in sensitive areas. (g) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. (i) Machine excavation is prohibited in tidal and freshwater wetland areas. (j) Individual residential stairs are prohibited on bluffs if the property is part of an association that maintains a common stairway within a reasonable distance. (k) No discharge pipes are allowed out of or over bulkheads unless permitted by the Trustees. (l) Lighting: Any and all lights associated with bulkheads, retaining wall or poles in Trustee jurisdiction must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the waterfront is in active use. (m) Backfilling: Only clean sand can be used for backfilling in eroded and excavated areas as well as behind new and repaired bulkheads. Garbage, asphalt,and C&D materials are strictly forbidden for use as backfill behind bulkheads. C. In Water. Page 22 September 19, 2005 Town of Southold Board Meeting The following standards are required for all in water operations adjacent to residential properties. Operations conducted on properties zoned M1 or M2 may be given greater flexibility in these requirements given the water dependent nature of their use. (1) Jetties and Groins. General Rules (a) Only low-profile jetties as defined in § 97-11 will be permitted (b) Only in place replacement of existing low-profile functional jetties and groins (as defined in § 97-11) is permitted. (c) Pre-backfilling of jetties and groins may be required. (d) In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type including but not limited to those listed above cannot be applied to any jetty or groin after installation (e) The use of tropical hardwoods is not permitted unless it is certified by the Forest Stewardship Council or similar organization. (f) No new jetties or groins will be permitted unless the work results in a net decrease in the total number of jetties in the subject area. (g) All applicants for jetties and groins extending across the foreshore shall be required to give and maintain a public passing way, on the upland, not less than five (5) feet in width, to enable persons to pass and repass over said structure by steps or a ramp allowing pedestrian passage . (2) Docks (a) Standards for Residential and Commercial Docks It shall be the policy of the Town of Southold that all docks shall be designed, constructed and located so as to reduce a dock's potential adverse impacts to navigation, public safety, waterway congestion, access to public trust lands and water, and natural resources and habitats. The following standards will serve as a basis for granting, denying, or limiting permits for the construction of docks. 11. Personal watercraft or “jetski” floats cannot be added to any float, stairway, or dock. without a Trustee Permit. 12. Lighting: Any and all lights associated with docks, floats or poles must be directed on the subject structure and not out into the adjacent wetland, waterway or property. Lights shall not be on unless the dock is in active use. 13. Utilities and Water: If power and/or water are to be installed on a dock, plans for the installation must be provided to the Trustees at the time of application. Installation of such amenities on an existing permitted dock requires obtaining a permit amendment from the Trustees. (b) Dock Locations and Lengths Page 23 September 19, 2005 Town of Southold Board Meeting 1. No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. 2. Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the length of the dock must include the dimensions of the vessel. 3. Prohibited Locations and Activities [a] Given the unique and sensitive natural environmental characteristics described in the Town of Southold Local Waterfront Revitalization Plan and the New York State Department of State Significant Habitat descriptions, no new docks will be permitted, over vegetated wetlands or such that it causes habitat fragmentation of vegetated wetlands, in Downs Creek, Hallocks Bay, Hashamomuck Creek and Pond and West Creek [b] Machine excavation is prohibited in tidal or freshwater wetland areas. [c] Placement of fence, mesh or other material preventing passage under docks is prohibited. [d] No fFloating docks, other floats, and dock components, and duck blinds or boats shall not be stored on tidal wetlands, other intertidal areas or freshwater wetlands. (c) Regulations for the Placement and Configuration of Docking Facilities 1. Residential Docks: [a] Only one dock or mooring is permitted per residential lot. [b] If any part of a residential dock structure includes a float or floating dock, the float or floating dock portion shall be designed so that, with the exception of the pilings, 1. it is no larger than six (6) feet wide and twenty (20) feet long except on Fishers Island if the need is demonstrated; 2. no part of the floating dock will contact the bottomland during a normal low tide. [c] In determining the permitted length of a proposed residential dock the Trustees shall seek to maintain lengths consistent with the other docks (i.e., pier line) in the waterway which meet the requirements of this law. [d] Pilings shall not project more than three (3) feet above the surface of a dock or catwalk unless a need for greater height is demonstrated. [e] All excess fill from installation of pilings must be removed from tidal or freshwater wetland area on the same day as installation and disposed of in an approved upland disposal area. [f] Tie off poles associated with residential docks will only be permitted to secure one (1) vessel. If the dock utilizes a float the poles shall not project farther seaward than the outer edge of the float. If a Page 24 September 19, 2005 Town of Southold Board Meeting float is not used the pole(s) can be situated seaward of the end of the dock sufficient to secure the vessel. [g] Only one hand rail is permitted on a residential dock unless the need for two is demonstrated. Rails shall not be higher than three (3) feet above the surface of the dock and posts shall not be placed closer than 6 feet on center or larger than 4”x 4” in dimension. [h] Residential catwalks and ramps are limited to four (4) feet in width. [i] Residential boatlifts, floating or fixed, are prohibited. ARTICLE III, Administration and Enforcement § 97-31. Coordination and Enforcement The Director of Code Enforcement and/or the Bay Constable are responsible for coordination and enforcement of the provisions of this chapter. The Director of Code Enforcement and Bay Constables have the authority to issue violations of this Chapter. § 97-32. Notice of violation. A. Whenever the Director of Code Enforcement or Bay Constable have reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or not in compliance with a permit issued pursuant to this chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, to suspend all operations; and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions, which must be complied with and the time within which compliance must be completed before operations may be resumed. Such notice shall also inform the person to whom it is directed of his right to apply for a hearing before the Trustees, as hereinafter provided. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premise where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Director of Code Enforcement or Bay Constable may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Director of Code Enforcement or Bay Constable, any permit issued to such person pursuant to this chapter shall be deemed revoked. F. It shall be unlawful for any person served with a notice of violation pursuant to § 97-31C to fail to comply with such notice. § 97-33. Hearing on violation. A. Any person affected by a notice of violation issued pursuant to the preceding section hereof may request and shall be granted a hearing before the Trustees, provided that such person shall file a written request therefor with the Clerk within 10 days after service of the notice of violation. Such request shall Page 25 September 19, 2005 Town of Southold Board Meeting have annexed thereto a copy of the notice of violation upon which a hearing is requested and shall set forth the reasons why such notice of violation should be modified or rescinded. B. The Clerk shall present such request to the Trustees at its next regular meeting. The Trustees shall set a time and place for such hearing and shall give the person requesting the same at least five days' notice of the time and place thereof. C. At such hearing, the person requesting the same, or his representative, shall be given an opportunity to show cause why such notice of violation should be modified or rescinded. After such hearing, the Trustees may sustain, modify or rescind such notice of violation, or revoke any permit previously issued, and shall specify the reasons therefor. D. The notice of violation for which a hearing is requested shall continue in effect pending the hearing and determination of the Trustees. § 97-34. Compliance requirements and penalties for offenses. A. It shall be unlawful for any carter, owner, occupant, builder, architect, contractor or their agents or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement or Bay Constable or to conduct any operation in a manner not in compliance with a permit issued pursuant to this chapter. B. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order of any Director of Code Enforcement or Bay Constable within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Director of Code Enforcement or Bay Constable shall be subject to the following fine schedule. Each day on which such violation occurs shall constitute a separate, additional offense. (1) Failure to obtain a permit. Any person conducting operations within the jurisdiction of the Trustees without first obtaining a permit according to the procedures outlined in this chapter shall be subject to fine of not less than $1,000 and not more than $4,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to fine of not less than $500 and not more than $1,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (3) Failure to heed a cease and desist order. Any person conducting operations in direct contradiction to the terms of a cease and desist order shall be subject to fine of not less than $1000 and not more than $2,000. For each subsequent offense, the violator shall be guilty of a misdemeanor punishable by a fine not less than $1,000 nor more than $2,000 or a term of imprisonment of not less than fifteen (15) days nor more than six (6) months, or both; (4) Restoration. In lieu or in addition to these punishments, any offender may be punished by being ordered to restore the affected wetland to its condition prior to the offense. Any such order shall specify a reasonable time for the completion of such restoration, which shall be effected under the supervision of the approving authority. The Trustees reserve the right to require specific re-planting and restoration methods including specific survivability and success criteria. (5) Mitigation. When on-site wetlands restoration and creation may be unfeasible due to technical or other constraints, other mitigative measures such as off-site wetland restoration or creation may be required. Page 26 September 19, 2005 Town of Southold Board Meeting C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are named as defendants in an outstanding or unresolved wetland violation. D. In addition to the above-provided penalties, the Trustees may also, if authorized by the Town Board, maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III.Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IVEffective date . This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution 2005-568 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Seconder ???????? Joshua Y. Horton Initiator 2005-569 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Public Hearing on Local Law Entitled “A Local Law In Relation to Use of Historic Buildings In Residential Districts” WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk County, New A Local Law in relation to Use of York, on the 19th day of September, 2005 a Local Law entitled “ Historic Buildings in Residential Districts ” now, therefore, be it RESOLVEDhold a public hearing on the aforesaid that the Town Board of the Town of Southold will Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 11th day of October, 2005 at 5:15 p.m. at which time all interested persons will be given an opportunity to be heard. Page 27 September 19, 2005 Town of Southold Board Meeting A Local Law in relation to Use of Historic Buildings in Residential The proposed Local Law entitled, “ Districts ” reads as follows: LOCAL LAW NO. ______ 2005 A Local Law entitled, “A Local Law in relation to Use of Historic Buildings in Residential Districts”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Purpose. The Town Board recognizes that the Town’s historic buildings, particularly those with national or state status, are an important cultural, historic and architectural resource to Southold. The upkeep and maintenance of these buildings is significant and organizations that seek to maintain the buildings in their historic status will be permitted, by special exception from the Board of Appeals, to use the building for community events, professional offices and an apartment. Section 2. Code Amendment. §100-31. Use regulations. In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two- family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one (1) apartment per building. §100-42. Use regulations. In the HD District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any use except the following: Page 28 September 19, 2005 Town of Southold Board Meeting B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (5) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one (1) apartment, not to exceed a total of three uses per building, provided that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. V. 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. VI. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. This resolution was withdrawn, a new resolution was scheduled for the 9/27 meeting and a new public hearing will be set for 10/11/05. Vote Record - Resolution 2005-569 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards ? Adopted ???????? ?? Daniel C. Ross Adopted as Amended ?????????? Defeated Thomas H. Wickham ?? Tabled ???????? John M. Romanelli ?? Withdrawn ???????? Louisa P. Evans ???????? Joshua Y. Horton SUPERVISOR HORTON: This meeting is adjourned. Thank you for attending in the middle of the day. * * * * * Elizabeth A. Neville Southold Town Clerk Page 29