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HomeMy WebLinkAboutTB-08/30/2005 ELIZABETH NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631)765-1800 southoldtown.northfork. net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMA nON OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MI NUTES August 30, 2005 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, August 30, 2005 at the Meeting Hall, Southold, NY Councilman Thomas Wickham opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Or anization Title Status Arrived William P. Edwards T own of Southold Councilman Present 7:30 PM Daniel C. Ross T own of Southold Councilman Present 7:30 PM Thomas H. Wickham T own of Southold Councilman Present 7:30 PM John M. Romanelli T own of Southold Councilman Absent Louisa P. Evans Town of South old Justice Absent Joshua Y Horton Town of South old Absent Kieran Corcoran T own of Southold Assistant Town Present 7:30 PM Linda J. Coo er Town of South old De ut Town Clerk Present 7:30 PM REPORTS Subiect : Details - I. Soutbold Justice Court, Price Monthly - July 2005 m.____ 2. Soutbold Justice Court, Evans m Monthly - July 2005 -. 3. Soutbold Recreation DeDartment Monthlv ReDort - Julv 2005 4. Soutbold Town's Pro"ram for the Disabled SeDtember - December 2005 Scheduled Events 5. Island Group Claim Lag ReDort 8/1104 -7/31105 PUBLIC NOTICES COMMUNICA nONS FOR DISCUSSION Subiect Details I. Request for Retaining $5000 Park and Subdivision of Bertha Pawluczyk Playground Fee Page I August 30, 2005 Town of Southold Board Meeting 2. TDR Halo Zones 3. Comprehensive Plan for Southold Town 2005 - Draft 4. DOT/Overflow Parking At Orient Point per Councilman Edwards 5. Inter-Municipal Agreement with Shelter Island Solid Waste equipment exchange Statements OPENING STATEMENTS August 30, 2005 COUNCILMAN WICKHAM: I would like to call this meeting to order and stand for the Pledge of Allegiance to the Flag. Before we start, a word of explanation that our Supervisor is taking a well-deserved vacation in the state of Maine, so I am here tonight chairing the meeting. In addition, our Town Attorney is out and our Assistant Town Attorney Kieran Corcoran is here. Our Town Clerk is also out and Linda Cooper is taking her place. Another Town Board member, Justice Evans was here with us this morning in the work session but in view of the weather, she would have had to spend the night here if she had attended tonight’s meeting and since there were enough of us to make a quorum, she asked to be excused. You have, I hope, before you the agenda for tonight’s meeting. I don’t believe that there are any hearings tonight and I believe the next order of business is to move the audit of the bills. We have before us on the agenda a series of resolutions that we will be taking up shortly, there is an opportunity at this time for any member of the audience who has come tonight to address the Board before we take up these particular resolutions. Does anyone wish to address the Board on any of these particular resolutions in front of us? Mrs. Egan. JOAN EGAN: Good evening, my friends, Mr. Romanelli, Mr. Edwards, Mr. Wickham, Mr. Ross, Miss Cooper and I am sorry, you don’t have your name plate there. But you do answer the telephone. ASSISTANT TOWN ATTORNEY CORCORAN: Mr. Corcoran. MS. EGAN: What is it? ASSISTANT TOWN ATTORNEY CORCORAN: Corcoran. MS. EGAN: Good. Good evening. ASSISTANT TOWN ATTORNEY CORCORAN: Good evening. MS. EGAN: Now, on the front page of course you have the reports from the Justice Courts and as usual, all you are interested in is the money receipts but you should get yourself a copy of it and read what has happened to our Town or to come here on a Friday morning with a bullet Page 2 August 30, 2005 Town of Southold Board Meeting proof vest on. Now, now, this is something I have been very interested in. 2005-513, these are the traffic lights, I would hope. Do you know where they will be installed and when? COUNCILMAN WICKHAM: I don’t know when but the location is on Route 48 and Cox Neck Road in Mattituck. MS. EGAN: And no where else? Not on Love Lane? COUNCILMAN WICKHAM: At this stage, this particular resolution only covers that site. MS. EGAN: Just Cox Lane, yeah. Now, 2005-512, is that a union job, Charles Wendy? COUNCILMAN WICKHAM: That is the Police Advisory Committee, which is a committee of the town of volunteer citizens who… MS. EGAN: This is a volunteer? COUNCILMAN WICKHAM: Yes. MS. EGAN: And you need somebody new there. Okay. Now, I see that a Joyce Wilkins, Senior Clerk Typist in the Town Clerk’s office but it has Accounting. Now is she is in the Accounting Department or is she in Ms. Neville’s department. COUNCILMAN WICKHAM: Which number is this? MS. EGAN: I am sorry. 2005-516. COUNCILMAN WICKHAM: Town Clerk’s office. MS. EGAN: Oh, it is in the Town Clerk’s office. Well, I hope when Ms. Rudder went away, if she did go on that trip, that she was not as rude to other people as she was to me. Now, 517 and 518, are they both the same and where are you sending them and how much is that going to cost us? COUNCILMAN ROMANELLI: They are not the same. MS. EGAN: They are not? COUNCILMAN ROMANELLI: And these are trainings that the Building Inspector’s need to take in order to keep their certification up. MS. EGAN: Yeah. COUNCILMAN ROMANELLI: So they are required by the state that they take so many continuing education classes and these are two of them. Page 3 August 30, 2005 Town of Southold Board Meeting MS. EGAN: Where? COUNCILMAN ROMANELLI: They are in Lindenhurst. Locally. One day classes. MS. EGAN: One day classes? Great. Okay. Now, what, 519, modify the budget for the, what is that all about? COUNCILMAN WICKHAM: This is to move money around within the budget of the recreation department to cover a contracted services for water testing at some of our beach sites. MS. EGAN: Uh huh. We are doing the usual borrow from Peter to pay Paul? And from Paul to Peter. COUNCILMAN WICKHAM: Yes but within the department. MS. EGAN: Yeah. Now, 520, is that a volunteer job or is that at the Human Resource Center? COUNCILMAN ROMANELLI: That is at the Human Resource Center. It is not a volunteer job. MS. EGAN: It is a paid job. Again another change up there. Absolutely we never have a meeting where we don’t have one or two changes up there. It has to be done, be mismanaged. Absolutely. It is ridiculous. Now, this is a very important one. That is number 525, that is the commissioner’s of the Orient East Marion Park. I have been sending, tried to verbally by telephone, get in touch with Stewie Horton, who is one of the commissioner’s there, about the disgraceful situation that we have not had a lifeguard at that beach, to the best of my knowledge, in at least three years. So, this is now a vacancy, in other words, was there somebody else besides Stewie Horton who was doing the work down there? COUNCILMAN ROMANELLI: I don’t know, if you are talking to me, I don’t know who Stewie Horton is, I don’t know what…. MS. EGAN: Well, Stewie Horton is the commissioner down there. COUNCILMAN ROMANELLI: This resolution is appointing somebody to fill a vacancy on the Board of Commissioners for the East Marion Park District. MS. EGAN: Yeah. COUNCILMAN ROMANELLI: So that…. MS. EGAN: So you don’t know? COUNCILMAN ROMANELLI: I don’t know what you are talking about. Page 4 August 30, 2005 Town of Southold Board Meeting MS. EGAN: Maybe Mr. Wickham or Mr. Ross know or Mr. Edwards. Maybe somebody might know. In other words, you put this on the agenda…. COUNCILMAN ROMANELLI: Right. MS. EGAN: …and Mr. Wickham, did you look into it? What it was about? COUNCILMAN WICKHAM: No, this has to do with the Park District in… MS. EGAN: Pardon? COUNCILMAN WICKHAM: This has to do with the Park District in Orient-East Marion… MS. EGAN: I know that. And you just put it on? COUNCILMAN ROMANELLI: Here is what it is. We had a vacancy in the Park District in the Orient-East Marion Park District. A position was advertised. A Mary Morgan happened to apply for it. MS. EGAN: Good. COUNCILMAN ROMANELLI: She must meet the criteria. I personally did not interview her and we are going to vote this evening… MS. EGAN: Well, who interviewed her? COUNCILMAN ROMANELLI: …for a term of office to December 31, 2005, which is really only a couple of months away, so if Mary Morgan doesn’t work out, I am sure changes can be made at that time. MS. EGAN: Who interviews her? COUNCILMAN ROMANELLI: Someone from the park district, I would imagine. You know. MS. EGAN: Mr. Edwards? Did you step up to the plate and find out anything about this? COUNCILMAN EDWARDS: I know nothing about it…. MS. EGAN: You know nothing about it? COUNCILMAN EDWARDS: ….Mrs. Egan. Except that this…. MS. EGAN: You have a lot of constituents out there…. Page 5 August 30, 2005 Town of Southold Board Meeting COUNCILMAN EDWARDS: ….may I finish? May I please finish? MS. EGAN: ….in Orient who are really uptight with you people…. COUNCILMAN EDWARDS: Mrs. Egan, this is a separate taxing district… MS. EGAN: I know what it is. I realize that. COUNCILMAN EDWARDS: ….and these are commissioners who… MS. EGAN: But it is on your agenda. It is on your agenda. COUNCILMAN EDWARDS: ….control this district. That is because the Town Board legally names the person but in fact the selection is done, with recommendation by the Park District. MS. EGAN: Well, I certainly think that you should have looked further into it, again, I will repeat because it is the East Marion-Orient people and you should have realized that the Orient people are pretty well uptight with you, dear. And you should have had the answers for me here so that they can see it on TV and you didn’t, so you blew it. Now, what is this 526 about the phones? COUNCILMAN ROMANELLI: This is the determination of, we had someone reviewing our phones…. MS. EGAN: Really? I hope here because they stink. COUNCILMAN ROMANELLI: Okay. Well, that might be what the report says. But that is what that is about. MS. EGAN: Well, I am telling you, you guys have got to get into the act. And clean your act up. Now, this 532, is Mr. Romanelli the only one who did his homework? COUNCILMAN WICKHAM: He does do his homework. MS. EGAN: Obviously Mr. Edwards…. COUNCILMAN WICKHAM: What is your question? MS. EGAN: What is it all about? COUNCILMAN WICKHAM: What number? MS. EGAN: 532. COUNCILMAN ROMANELLI: This one here? Page 6 August 30, 2005 Town of Southold Board Meeting MS. EGAN: 532. 2005-532. Refund, Town Attorney. Does the Town Attorney know anything about it? COUNCILMAN WICKHAM: Yes. ASSISTANT TOWN ATTORNEY CORCORAN: Absolutely. COUNCILMAN WICKHAM: May I, may I… MS. EGAN: No, he… COUNCILMAN WICKHAM: Mrs. Egan, may I address this please? This is a proposal to reduce the park and playground fee for an application which application was made during the time when the fees were at a certain level. After that, the fees were increased. They were asked to pay the higher fee. This resolution would permit them to pay the lower fee that was in effect when they first made the fee, first made the payment. That is what this was about. MS. EGAN: Good. So you did something maybe right. COUNCILMAN EDWARDS: And Mrs. Egan, it had to do with an application during the moratorium. MS. EGAN: Thank you for trying to answer. I will be back afterwards. COUNCILMAN WICKHAM: Does anyone else wish to address the Board on any of the resolutions on the agenda tonight? MELANIE NORDEN: Hi there. Melanie Norden, Greenport. This is about resolution 527. And I wondered if you could explain a little bit to me about what that means? COUNCILMAN EDWARDS: I would be glad to address that point, Ms. Norden. I had become concerned at the safety issue of cars being parked on both sides of the road. In the spring, on th April 29, this Board passed a resolution similar to this addressing specifically the safety of cars parked westward of Orient Point ferry out to Ryder Farm Road. Which is one of the two entrances to the Orient by the Sea housing development. We asked the DOT to ban parking on both sides of the road because of the dangerous situation existed with reference to pedestrians walking along there and the danger a pedestrian would be injured or killed. In the process of last month, it had come to my attention that a lot of emergency personnel are also concerned that should there be an accident out there, a major ferry accident for instance, or maybe a fire; that there wouldn’t be a staging area for emergency vehicles to operate, both police and fire. Therefore, because it became a very good idea to ask the DOT to do this banning of parking based on not just the danger to the pedestrians walking along there but the greater danger of a catastrophe and being unable to deal with it. This resolution is also brought with reference to parking on the south side of Route 25 from the Orient fire house, the theory being that if parking Page 7 August 30, 2005 Town of Southold Board Meeting is banned on both sides of 25 to Ryder Farm Road, what we will be doing is simply pushing the parking on both sides of the road further west. I have discussed this matter with the Chief of Police, I have met with the Commissioner’s of the Orient fire district and there is general consensus that the situation as it exists right now could be quite dangerous. By sending a resolution, by making this notice to the DOT, I am assured by the Town Attorney that it helps to add to the burden on the DOT to take some kind of action because it has been drawn, because it has been drawn to their attention, it increases their liability should there be an accident. And generally speaking, governmental agencies hate liability that they don’t have to undertake. We are trying to build urgency on the part of the DOT, so that is the purpose of the resolution. MS. NORDEN: Okay. I guess I just have a few questions. I have talked to a lot of people at the DOT. The regional commissioner’s office and several engineers and some other people and they have assured me that there is absolutely no way that they are going to ban parking on Route 25 until such time as the Town quote-unquote resolves its problems with the ferry. And I think that I would like to suggest since obviously the first letter went unheeded and it is very likely that they have a position that is very different than ours, then maybe it would make some sense if some of you actually picked up the phone or if somebody did and perhaps met with the regional officer’s of the DOT because their position is quite firm. And I think that the idea of simply sending yet another letter is a completely non-substantial action and will really result in no action whatsoever. So I would like to encourage you on the Board, I mean, I as a citizen can talk to them and they were very forthright with me and made it very clear, very disappointingly, because you all know my position, that they are in no way interested in banning parking and they said, frankly, that they would be jeopardizing the lives of other New York State residents and that, in fact, they were not quote-unquote in a position to punish the Cross Sound ferry. So I would really like to suggest that rather than writing letters, which I think are going to do nothing right now, even if you tell them what the liability is, you are not telling them anything new. I am sure that they have lawyers and I am sure that they have got people that are very well aware that there might be liability issues. Maybe it would make some sense to call the regional commissioner and request a meeting on the part of one or more members of the Town Board because they do have a defined position, which they are happy to share with private citizens and they would be very, in fact, happy to share with each of you what their position is. COUNCILMAN EDWARDS: Well, in response to your suggestion which is well-taken, this is the first step in the process. There definitely has to be a meeting with the DOT, as far as the DOT’s concern should be for public safety, it should not be for any particular private… MS. NORDEN: Oh, I absolutely agree. But I mean, I am just reporting what they said to me. COUNCILMAN EDWARDS: I am very aware of that and the follow on to this is to get, obviously Senator LaValle behind this as well as whoever replaces Assemblywoman Acampora, as well as for the Supervisor and members of the Town Board to meet with the DOT. But this is a beginning…. MS. NORDEN: Well, this is not the beginning because you actually took this step already several months ago with no satisfaction. Page 8 August 30, 2005 Town of Southold Board Meeting COUNCILMAN EDWARDS: No, no. Not in the same way and they offered to meet with us, they wanted to bring the ferry into the meeting. The ferry really isn’t party to the safety issue, the ferry is only party to the business issue and this does strengthen our position, which is purpose of the… MS. NORDEN: Well, is there going to be a meeting with the DOT? I mean… COUNCILMAN EDWARDS: Well, nothing has been scheduled, we haven’t passed the resolution as yet. MS. NORDEN: Okay. Well, I would like to suggest in passing the resolution, you have already taken this step once before. The Town Board presumably last April wrote to the DOT, there has been no response, maybe this letter will have more teeth. I am now so sure but in fact, we consider the situation to be critical and it is yesterday that we should have contacted LaValle; we should have sat down with the DOT, the situation goes on and goes on and goes on. Now, we talked a couple of weeks ago and I will switch topics a bit to resolution, I guess we are talking about the Frank Isler resolution. And as you know, at the last meeting I talked about trying to figure out what the strategy would be for our quote-unquote prosecutorial options, so maybe you could describe to me what you have now decided to do. This is relevant to resolution 529. COUNCILMAN WICKHAM: We have in fact, put on the agenda for tonight to, to have additional legal counsel on exactly this topic. We had a lengthy discussion about it at the Town Board this morning; hiring Frank Isler was relatively straight forward. There is somewhat more that does go well beyond this resolution, and I would be glad to share it with you and others when we are finished with the resolutions tonight. At this stage, I would like to keep the focus just on the particular resolutions. But I think we do have information that would address the concerns and the questions that you have. MS. NORDEN: Okay. I will come back up after resolutions. COUNCILMAN WICKHAM: Would anyone else like to address the Board on any of these matters? Mr. Wills. FRANK WILLS: Good evening, Frank Wills, Mattituck. Could you possibly explain 530 a bit more than the paragraph says? COUNCILMAN WICKHAM: 530. Yes. I think I can explain this. The hamlet density zoning designation in the Town of Southold is intended to promote greater density within that zoning district. But it explicitly does not permit houses that are joined together. They all have to be separate homes. This would remove that restriction and it proposes a, am I correct about that? It proposes new legislation that would amend the HD zoning rules to permit joined together houses. Page 9 August 30, 2005 Town of Southold Board Meeting ASSISTANT TOWN ATTORNEY CORCORAN: If I could clarify, just very briefly. This proposed legislation doesn’t affect any of the current density yields in place, by the bulk schedule or anything else. What it does is in HD properties currently, you can by special exception get attached houses or town houses but there is a little bit of a glitch in the way the HD code permitted uses are written right now, it only allows one single family or two family house per lot. Which means that if you want to get the yield permitted to you under the law, you have to go subdivide and which means you could then get an end run around the residential site plan law that we put into place last year, which continues to have the yield requirements, ERSAB requirements, environmental reviews, deduction of wetlands, all of that plus requires you to build a community that goes together, both transportation wise, function, form etc. What this is intended to do is to permit you to have more than one single family or two family house per lot in HD properties but subject to the residential site plan process. So it doesn’t give you anymore yield or density but it facilitates the residential site plan process. MR. WILLS: Thank you. COUNCILMAN WICKHAM: Yes, Melanie. MS. NORDEN: I am confused about this resolution. I mean, we are talking about conjoined houses and that smells suspiciously like paving the way for the Kontokosta’s proposal. ASSISTANT TOWN ATTORNEY CORCORAN: No, you are already allowed to have town houses or row houses or attached houses. This is a matter of whether you are going to subdivide up a big lot or whether you are going to have a community of single homes on one lot. It is… MS. NORDEN: And how would this prove to be of service to the vast majority tax payers in this town? ASSISTANT TOWN ATTORNEY CORCORAN: Well, it is a planning tool, it is a planning tool to use a residential site plan process as opposed to a subdivision process. It doesn’t change the density at all. MS. NORDEN: I understand that but it does in fact change the process whereby one makes their applications. It makes the process smoother and quicker. So I am asking like why would we, in fact, what is the advantage of this? To anybody but a developer? ASSISTANT TOWN ATTORNEY CORCORAN: Well, the Town has sought to implement a residential site plan process from their own policy perspective because they think it allows them better control of the planning of neighborhoods. That is all I can really say. MS. NORDEN: Okay. So we are now allowed to have conjoined houses of any amount in the current zoning, is that correct? COUNCILMAN ROMANELLI: No. Melanie, let me jump in here. Your density is not changed. Okay? You have a 40 acre parcel, the way the code is written now and it is really just a language interpretation, okay, I think it could be interpreted, clean up interpretation in my mind Page 10 August 30, 2005 Town of Southold Board Meeting but the code now says if I have a HDP, if I wanted to develop it, I have to subdivide it into individual lots. MS. NORDEN: Gotcha. COUNCILMAN ROMANELLI: I might be allowed 20 units on my HDP’s but now I got to subdivide it into 20 one acre lots. With individual homes. Okay? What we are trying to do here is say, maybe some parcels of that and say okay, we are going to give you those 20 housing units but we are going to do it more in a Founders Village style or condo style, where they can be grouped together, clustered together on a tighter net of land with a larger, potentially end up being a larger open space preservation. Your density didn’t change but now we are saying, instead of giving you 20 lots and having to give you 20 separate tax numbers, let’s make it one tax number with 20 units on it. Density equal. MS. NORDEN: No, I understand that but the point is, that it has far reaching implications in terms of the kinds of housing that we ultimately end up allowing in this town. COUNCILMAN WICKHAM: That is true. COUNCILMAN ROMANELLI: Yes, that is true. The purpose is both ways now, it gives us benefits on preservation, it gives us benefits on density, on clustering…. MS. NORDEN: Well, we are not sure the benefits on preservation. COUNCILMAN ROMANELLI: It puts you through a more rigorous environmental review. MS. NORDEN: Well, first of all, I am not sure, I don’t know what the impacts of this would be vis-à-vis an environmental review but I think one of the things we heard loud and clear at the affordable housing hearing is that not only did people have a lot of questions about affordable housing but they also had very abiding questions about the type of housing that would be out here and the fact that it didn’t reflect for many people and you heard the groans when you saw the Kontokosta’s photos coming up on the screen, it didn’t reflect the kind of housing that people thought out here was appropriate for this landscape. So what I am saying is and I am asking because this does have far-reaching aesthetic implications, I would like you to really kind of address that. COUNCILMAN ROMANELLI: I think it is…. COUNCILMAN WICKHAM: May I respond? Excuse me. May I respond at this stage? We are only putting this forward as a hearing. As a public hearing. We are not adopting this tonight. We are going to… MS. NORDEN: I know. But why would you do that? Page 11 August 30, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: Because, to add flexibility to the planning tools that this town uses. Flexibility in the types of homes that add flexibility to the prices and to the appearance of the town. Now, you and others and even we may agree that this is not such a good idea, after we listen to what people have to say, we may decide we are not going to go there but at the moment, it seems like an appropriate thing to do… MS. NORDEN: But from whose perspective? That is what I am asking. COUNCILMAN WICKHAM: From the Town’s perspective to introduce diversity and a range of flexibility in the types of housing in this town. MS. NORDEN: Right. But I am just saying that in fact, we have thus far had a cap to some degree on co-op’s, condo’s. I am not talking, I mean, beyond affordable housing, in general we have had real constrictions and restrictions on that type of row housing, attached housing, condo housing, town houses. So this has far reaching implications and it speaks to aesthetics, it speaks to a number of things, so I am trying to figure out why would we even want to put this on agenda, why would we make, in other words, you are making a very serious, abiding decision about the kind of housing and therefore the kind of developments that will happen in the town, so why would you put this on the agenda unless you believed in fact that that is the kind of housing that we need to go forward and build? COUNCILMAN WICKHAM: We believe, I believe, I can’t speak for others, I believe that a person who is, who has the right to come in for a site plan application to build houses on one piece of property that he or she owns, should not be obliged to have individual, separate homes on that parcel. I think it is appropriate in this town to have something like for example, Founders Village or some other system similar to that and have the right, now, that doesn’t mean that it is just going to happen like that. The Planning Board can review it, we may not even agree to put this in place after we go through the public hearing but I think it is appropriate to put it out to the public and to hold the public hearing and see if it makes sense. MS. NORDEN: I know but how about if the public were to come forward and say 99 percent that we don’t want it, it might go through anyway. COUNCILMAN ROMANELLI: You don’t know that… MS. NORDEN: I don’t know that but all I am saying is… COUNCILMAN ROMANELLI: …(inaudible) let’s find out. MS. NORDEN: I am just kind of trying to understand like why would we put this forward unless as a Town Board you really believe that this was a viable option for developers going forward. COUNCILMAN WICKHAM: It is a viable option for not just the developers but for the people who ultimately live in this community. We think it will contribute to flexibility, to affordability and to… Page 12 August 30, 2005 Town of Southold Board Meeting COUNCILMAN ROMANELLI: To aesthetics.... COUNCILMAN WICKHAM: …of a whole community… COUNCILMAN ROMANELLI: ….of a large piece of land. MS. NORDEN: Well, it just seems to me that the timing seems very strange and it seems that it is almost paving the way for the Kontokosta’s subdivision to go through. COUNCILMAN ROMANELLI: No, it is not. MS. NORDEN: But that is what it seems like. COUNCILMAN ROMANELLI: Well, you are wrong, this has been worked on and talked about for so long… MS. NORDEN: But how come it has never gone through until this very moment? COUNCILMAN ROMANELLI: You know, I have really got to be honest with you, you are too suspicious on this. I mean, this is a good planning tool. This has been coming from, this has come out of all the studies… MS. NORDEN: I know, but for years we have actually had a very different position out here, vis-à-vis this kind of housing and this kind of planning. And it is not been something that has been incidental. COUNCILMAN ROMANELLI: I actually believe this is better for some of the large HD parcels and there is only about two or three in the town, this is actually better and this is my personal opinion, so I am up here and I get to vote… MS. NORDEN: Alright. COUNCILMAN ROMANELLI: …in my personal opinion, I actually think it is better for some of the large parcels than to carve it up into multi, single family houses, you know, a development style…. MS. NORDEN: And does this extend to a certain amount of acreage before you can do this? COUNCILMAN WICKHAM: It extends to any piece of property that zoned hamlet density. MS. NORDEN: So it is not a large parcel necessarily? COUNCILMAN ROMANELLI: No, no. It is a large parcel. COUNCILMAN EDWARDS: Well, it is going to have to be subdividable. Page 13 August 30, 2005 Town of Southold Board Meeting MS. NORDEN: Yeah but it could be as small as 10 acres then, right. COUNCILMAN EDWARDS: But I do want you to point out….. MS. NORDEN: No, wait. Let me just, answer the question. It could be as small as 10 acres, is that what we are saying? COUNCILMAN EDWARDS: Ten acres would be a large HD. MS. NORDEN: I don’t think 10 acres is a large piece of property. I mean, John mentioned large pieces of property. COUNCILMAN EDWARDS: (inaudible) a large piece of HD property. MS. NORDEN: Well, let me ask you then, are there any restrictions on the size of property that is available under this particular proposed legislation? In other words, if I have a piece of property that is three acres zoned hamlet density, can I put up row houses? COUNCILMAN ROMANELLI: I don’t believe there is one. COUNCILMAN WICKHAM: I don’t think that the legislation, as written, is size specific. MS. NORDEN: Okay. COUNCILMAN WICKHAM: It is zoning district specific. And to really answer the question why this is coming up now, there is a proposed development on a piece of hamlet density property. It is nowhere near Greenport. It is coming forward and the applicant who is in there, who says he wants to put up really nice homes has raised this question with us and we have thought about it, I have thought about it at least, we have talked about it with our counsel and we have decided that we will put this out for public hearing and see if there is a purpose served to the community, not the developer, in having a more flexible approach to the housing type in such residential site plans. It has nothing to do with Greenport. MS. NORDEN: Right. Okay. But I just want to put forward again that this very much changes the type, quality and specificity of the sort of housing we have in the Town of Southold. COUNCILMAN WICKHAM: It does. I agree with that. I will agree with that. MS. NORDEN: Right. And so I want to be very clear that we are not just simply saying that we are smoothing the way and making a few changes here and there. This is far reaching implications for many people and for the future in terms of development here. COUNCILMAN WICKHAM: If this passes…. Page 14 August 30, 2005 Town of Southold Board Meeting MS. NORDEN: Yes. COUNCILMAN WICKHAM: …if we set a public hearing, I hope you will be there. Anyone else like to address the Board on any of these? CATHY TOLE: Cathy Tole, Greenport. I think even holding this hearing, which is so extremely site specific without specifically stating the site, is setting a precedent that I find rather disturbing. That an area that a developer wants to build on, we are going to change our way of building, our way of approving, in order to accommodate him and say perhaps we want a different style of housing here. What I find most appalling is that here we are again not learning from our neighbors to the west and we are repeating time and time again on downgrading and downgrading and downgrading and changing in order to make housing more compact. Let us not even say denser housing. But housing more compact. And I don’t think that is the nature of what everybody up here and out here and everywhere else says that they want to preserve in the Town of Southold. And it just doesn’t fit into that mold, so I find saying that we are trying to preserve our Town and all of that is somewhat disingenuous when we continue on this constant march to accommodate developers. The other thing I heard up here is that, well, we have now changed the reason for requesting no parking signs. So now we are saying that it is a danger and there is some immediacy that didn’t exist five years ago or two years ago or last April. That the letter is stating that there is now a danger. Correct? COUNCILMAN EDWARDS: No. The letter is drawing the DOT’s attention to a different type th of danger and a larger danger than was mentioned in the letter of April 29. MS. TOLE: After… COUNCILMAN EDWARDS: And I recognize, let me just finish, Ms. Tole. I recognize this is just one, essentially one weapon in a number of different tools, I am mixing my metaphors but forgive me, in an effort basically to deal with the problem out there and to bring the ferry company in compliance with the law. MS. TOLE: I am not as smart as the people in DOT. Probably… COUNCILMAN EDWARDS: I doubt that. MS. TOLE: Probably most of the people here aren’t…. COUNCILMAN EDWARDS: I doubt that. MS. TOLE: And it is transparent that we now are going to throw in this other element. Do you anticipate success out of this new letter? COUNCILMAN EDWARDS: I don’t know but it cannot hurt and it may do good and it may move the DOT to recognize the danger of the situation that exists out there…. Page 15 August 30, 2005 Town of Southold Board Meeting MS. TOLE: And did nobody recognize that danger last April or whenever it was sent, the other letter? COUNCILMAN EDWARDS: …when we had… MS. TOLE: Did nobody think there was danger then? COUNCILMAN EDWARDS: When we had the discussion last April, with respect to the previous letter, the issue of emergency vehicles was not raised, to my memory. It certainly was not raised in the letter to the DOT. MS. TOLE: I don’t think it was raised… COUNCILMAN EDWARDS: And we think that is a stronger argument. MS. TOLE: I don’t think it was raised probably by anyone except for the people speaking from the audience, who have said it over and over and over for years. And I, it seems so transparent to send this letter, it seems bordering on silly. Like I say, it is going to be seen by the same people that saw the last letter. We were told that they did traffic surveys out there. And they didn’t see apparently any danger or any reason to do any action, so it just seems sort of silly at this particular time in the year and in the terms of people, to send this new letter. It just seems absolutely a non-action. You say arsenal, like I say it is not even a pop gun in the arsenal. COUNCILMAN EDWARDS: That is your opinion. COUNCILMAN WICKHAM: Is there anyone else in the audience who would like to address the Town Board on any of the resolutions before us tonight? If not, John, would you like to begin? MS. TOLE: I am sorry. COUNCILMAN WICKHAM: What number? MS. TOLE: Might have been 530. Melanie had asked for information about it and you had said… COUNCILMAN WICKHAM: About what? MS. TOLE: The Town Attorney and you said, well, you would give us more information after you voted. That seems a little cart, horse backwards. COUNCILMAN WICKHAM: Not about, excuse me. Okay, we can give any information that you want about that particular resolution. Frank Isler is a well known attorney from Riverhead. He has worked for the Town on a number of previous cases. He has done very well in my opinion. The Town Attorney has recommended retaining him for the actions, not the actions, for Page 16 August 30, 2005 Town of Southold Board Meeting the legal strategy, developing a legal strategy that we talked about before and we just think he will be a fine person to add to our legal team. MS. TOLE: The strategies that were alluded to two weeks ago? COUNCILMAN WICKHAM: Yes. Yes. MS. TOLE: Okay. And that was what you were going to discuss? COUNCILMAN WICKHAM: Yes. MS. TOLE: Okay. That is great. Thank you very much. COUNCILMAN WICKHAM: John? Resolutions 2005-512 CATEGORY: Retirement/Resignation DEPARTMENT: Town Clerk Accept Resignation of Charles Wendy From Police Advisory Committee and Authorize Town Clerk to Advertise for New Member RESOLVEDresignation of that the Town Board of the Town of Southold hereby accepts the Charles Wendy from the Police Advisory Committee effective immediately , and hereby advertise for a member to the Police authorizes and directs the Southold Town Clerk to Advisory Committee to fill the vacancy. Vote Record - Resolution 2005-512 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-513 Page 17 August 30, 2005 Town of Southold Board Meeting CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Joshua Y. Horton to Execute the Traffic Signal Agreements Between the County of Suffolk and the Town of Southold RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to execute the Traffic Signal Agreements between the County of Suffolk and the Town of Southold for the installation and maintenance of traffic signals at CR 48, Middle Road @ Cox Neck Road, Mattituck, subject to the approval of the Town Attorney. Vote Record - Resolution 2005-513 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-514 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission for Annual CROP Walk Sponsored by the Southold Methodist and Presbyterian Churches to be Held Sunday, October 23, 2005 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Methodist and Presbyterian Churchesuse the following Town Roads for the to purpose of holding the annual CROP Walk for Hunger on Sunday, October 23, 2005 from the hours of 12:00 noon to 4:00 pm: Wells Avenue, Oaklawn Avenue, Pine Neck Road, North Road to Bayview, North Bayview Road, Cedar Drive, Waterview Drive, Main Bayview Road , provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town Southold as an additional insured and notify Capt. Flatley within ten (10) days to coordinate traffic control. Page 18 August 30, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-514 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ?? Daniel C. Ross Initiator Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-515 CATEGORY: Employment DEPARTMENT: Accounting Appoint Timothy F. Abrams to the Position of Maintenance Mechanic III for the Department of Public Works RESOLVEDappoints Timothy F. that the Town Board of the Town of Southold hereby Abrams to the position of a Maintenance Mechanic III for the Department of Public Works, effective September 19, 2005, at a rate of $22.2079 per hour. Vote Record - Resolution 2005-515 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-516 CATEGORY: Employment DEPARTMENT: Accounting Accept the Letter of Intent to Retire of Joyce M. Wilkins From Her Position of Senior Clerk Typist In the Southold Town Clerk’s Office RESOLVEDaccepts the letter of intent that the Town Board of the Town of Southold hereby to retire of Joyce M. Wilkins from her position of Senior Clerk Typist in the Southold Page 19 August 30, 2005 Town of Southold Board Meeting Town Clerks Office, effective October 1, 2005 . COUNCILMAN EDWARDS: And I might say on a personal basis, I worked with Ms. Wilkins about two years on the Land Preservation Committee and she did a fine job. Vote Record - Resolution 2005-516 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-517 CATEGORY: Attend Seminar DEPARTMENT: Building Department Grant Permission to Building Inspector Gary Fish, Building Inspector George Gillen, Chief Building Inspector Michael Verity, and Site Plan Reviewer Bruno Semon to Attend a Training Seminar RESOLVEDgrants permission to Building that the Town Board of the Ton of Southold hereby Inspector Gary Fish, Building Inspector George Gillen, Chief Building Inspector Michael Verity and Site Plan Reviewer Bruno Semon to attend a training seminar on September 1, 2005. The seminar will be held at Fireman’s Pavilion, 555 Irmish Ave., Lindenhurst, N.Y. from 8:30 a.m. – 4:00 p.m. Vote Record - Resolution 2005-517 ? 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 2005-518 CATEGORY: Attend Seminar DEPARTMENT: Building Department Page 20 August 30, 2005 Town of Southold Board Meeting Grant Permission to Building Inspector Gary Fish, Building Inspector George Gillen and Site Plan Reviewer Bruno Semon to Attend a Training Seminar RESOLVEDgrants permission to Building that the Town Board of the Town of Southold hereby Inspector Gary Fish Building Inspector George Gillen and Site Plan Reviewer Bruno Semon to attend a training seminar on November 3, 2005. The seminar will be held at Fireman’s Pavilion, 555 Irmish Ave., Lindenhurst, N.Y. from 8:30 a.m. – 4:00 p.m. Vote Record - Resolution 2005-518 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? ?? Daniel C. Ross Voter Adopted as Amended ?????????? Defeated Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-519 CATEGORY: Budget Modification DEPARTMENT: Recreation Modify the 2005 General Fund Whole Town Budget RESOLVEDmodifies the 2005 General that the Town Board of the Town of Southold hereby Fund Whole Town, as follows: FROM: A.7180.4.100.100 Lifeguard Supplies $400.00 TO: A7180.4.400.200 Beaches Contracted Services Water Testing $300.00 A.7020.4.600.200 Meetings & Seminars $100.00 Page 21 August 30, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-519 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-520 CATEGORY: Employment DEPARTMENT: Accounting Accept the Resignation of Joanne Johnson From the Position of Senior Citizens Aide II RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Joanne Johnson from the position of Senior Citizens Aide II at the Human Resource Center , effective September 7, 2005. Vote Record - Resolution 2005-520 ? 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 2005-521 CATEGORY: Refund DEPARTMENT: Town Clerk Grant a Partial Refund of Building Permit Application Fee to Peter Boeckmann (SCTM #1000-115-14- 27) Page 22 August 30, 2005 Town of Southold Board Meeting RESOLVEDgrants a partial refund of that the Town Board of the Town of Southold hereby $150.00 to Peter Boeckmann (SCTM #1000-115-4-27) as he has withdrawn an above ground pool and attached deck from his application to the Southold Town Building Department. Vote Record - Resolution 2005-521 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-522 CATEGORY: Employment DEPARTMENT: Accounting Appoint Jacob E. Bean to the Position of Seasonal Part Time Deckhand for the Fishers Island Ferry District RESOLVEDappoints Jacob E. Bean to that the Town Board of the Town of Southold hereby the position of Seasonal Part time Deckhand for the Fishers Island Ferry District, effective September 1, 2005 through December 15, 2005, at a rate of $9.00 per hour. Vote Record - Resolution 2005-522 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-523 CATEGORY: Employment DEPARTMENT: Accounting Page 23 August 30, 2005 Town of Southold Board Meeting Accept the Resignation of Denise Heyse From the Position of Planner Trainee In the Planning Department RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Denise Heyse from the position of Planner Trainee in the Planning Department , effective August 26, 2005. Vote Record - Resolution 2005-523 ? 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 2005-524 CATEGORY: Employment DEPARTMENT: Accounting Release Tom Crowley From Position of Part Time Minibus Driver and Appoint to the Position of Full Time Minibus Drive RESOLVEDreleases Tom Crowley that the Town Board of the Town of Southold hereby from his position of part time Minibus Driver and appoints him to the position of full time minibus driver for the Human Resource Department , effective August 31, 2005, at a rate of $19,994.68 annually. Vote Record - Resolution 2005-524 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter Page 24 August 30, 2005 Town of Southold Board Meeting 2005-525 CATEGORY: Employment DEPARTMENT: Town Attorney Appoint Mary Morgan to Fill a Vacancy on the Board of Commissioners of the Orient-East Marion Park District RESOLVEDhereby appoints Mary Morgan to that the Town Board of the Town of Southold fill a vacancy on the Board of Commissioners of the Orient-East Marion Park District pursuant to Town Law Section 215. Ms. Morgan’s term of office shall run through December 31, 2005. Vote Record - Resolution 2005-525 ? 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 2005-526 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorize and Direct Supervisor Joshua Y. Horton to Terminate the Agreement Between the Town of Southold and Phone Review RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Joshua Y. Horton to terminate the Agreement between the Town of Southold and Phone Review regarding the placement and review of all usage services in the special rate program through the New York State Office of General Services Aggregated Telecommunications Contract #PS58752. Page 25 August 30, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-526 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Initiator ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-527 CATEGORY: Legislation DEPARTMENT: Town Attorney Request that the New York State Department of Transportation Install “No Parking” Signs on Route 25 In Orient WHEREAS , extensive parking along both sides of State Route 25 in the vicinity of the Cross Sound Ferry terminal in Orient presents a real and major potential handicap to emergency operations in the event of a major accident in the area of the ferry terminal; and WHEREAS , extensive parking along both sides of State Route 25 in the vicinity of the Cross Sound Ferry terminal in Orient presents an extreme and urgent concern for the safety and welfare of vehicles and pedestrians attempting to traverse the course of Route 25 while so obstructed; and WHEREAS , in the event of an emergency at the ferry terminal, emergency vehicles from the Orient Fire District would find their access to the emergency site obstructed if vehicles were parked on both sides of State Route 25 anywhere the Orient Fire House and the Cross Sound Ferry terminal; and WHEREAS , State Route 25 extends west from the Cross Sound Ferry terminal in Orient past a Suffolk County Park, a New York State Park, and the Federal Plum Island facility; and WHEREAS , State Route 25 in this area has been designated as a Scenic Byway by the State of New York and serves as a New York State Bicycle Route; and Page 26 August 30, 2005 Town of Southold Board Meeting WHEREAS , the existence of these conditions is inconsistent with the Local Waterfront Revitalization Plan adopted by the Town Board of the Town of Southold; IT IS HEREBY RESOLVED that the Town Board of the Town of Southold requests that the New York State Department of Transportation do the following without delay: (a) Immediately install “No Parking” signs along both sides of State Route 25 extending west from the Cross Sound Ferry terminal in Orient past the County, State and Federal parks and facilities and past the intersection of Ryder Farm Road in Orient as needed to rectify this extreme and urgent safety concern. (b) Immediately install “No Parking” signs along the south side of State Route 25 westward from the intersection of Ryder Farm Road in Orient to a point opposite the Orient Fire House as needed to rectify this extreme and urgent safety concern. Vote Record - Resolution 2005-527 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Seconder ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Voter ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-528 CATEGORY: Employment DEPARTMENT: Town Attorney Retain Frank Isler, Esq. to Serve As Special Counsel In Connection with Cross Sound Ferry RESOLVEDretains Frank Isler, Esq. at that the Town Board of the Town of Southold hereby the rate of $175.00 per hour to serve as special counsel in connection with Cross Sound Ferry and its compliance with Town regulations. Page 27 August 30, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-528 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Voter ? Adopted ???????? ?? Daniel C. Ross Seconder Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-529 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Set 8:00 P.M., September 27, 2005, Southold Town Hall, As the Time and Place for a Public Hearing on “A Local Law In Relation to Amendments to Uses Within the Hamlet Density Residential District” WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk th A Local Law in County, New York, on the 30 day of August, 2005 a Local Law entitled “ relation to Amendments to Uses Within the Hamlet Density Residential District ” 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 27 day of September, 2005 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law in relation to Amendments to Uses Within The proposed Local Law entitled, “ the Hamlet Density Residential District ” reads as follows: LOCAL LAW NO. ______ 2005 A Local Law entitled, “A Local Law in relation to Amendments to Uses Within the Hamlet Density Residential District”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Page 28 August 30, 2005 Town of Southold Board Meeting I. Purpose – This amendment is intended to permit a variety of housing types and arrangements in the Hamlet Density Residential District, and to subject those uses to the recently enacted residential site plan approval process. This amendment is also intended to avoid the result of parcels in this district undergoing subdivision, without being subject to the residential site plan requirements that govern the design, arrangement and community integration of such parcels, in addition to lot yield, environmental and affordable housing considerations. The amendment would thus permit the use of more than one single family dwelling on a lot in this district; more than one two family dwelling per lot; and multiple dwellings, townhouse, row or attached houses. All such uses would then be subject to residential site plan approval. The density requirements for any and all of these uses would not be changed, and lot yield in accordance therewith would be calculated in the residential site plan approval process. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 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: A. Permitted uses. (1) One-family detached dwellings, subject to residential site plan approval for more than one such structure per lot. (2) Two-family dwellings, subject to residential site plan approval for more than one such structure per lot. (3) Multiple dwellings, townhouses, row or attached dwellings, subject to residential site plan approval. (4) Continuing care facility and life care community. [Added 11-22-1996 by L.L. no. 20- 1996] 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: (1) Multiple dwellings, townhouses, row or attached houses. (1) Accessory apartments in single-family residences as set forth in and regulated by § 100-31B(13) of the Agricultural-Conservation District. (2) Bed-and-breakfast uses as set forth in and regulated by § 100-31B(14), without site plan approval.EN (3) Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996] III. SEVERABILITY Page 29 August 30, 2005 Town of Southold Board Meeting 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 Record - Resolution 2005-529 ? 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 2005-530 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorize and Direct the Town Clerk to Transmit the Proposed Local Law Entitled “A Local Law In Relation to Amendments to Uses Within the Hamlet Density Residential District” to the Southold Town Planning Board and the Suffolk County Department of Planning for Their Recommendations and Reports.Amendments to Uses Within HD RESOLVEDauthorizes and directs the Town that the Town Board of the Town of Southold Clerk to transmit the proposed Local Law entitled “A Local Law in Relation to Amendments to Uses Within the Hamlet Density Residential District” to the Southold Town Planning Board and the Suffolk County Department of Planning for their recommendations and reports . Page 30 August 30, 2005 Town of Southold Board Meeting Vote Record - Resolution 2005-530 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Seconder ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Initiator ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-531 CATEGORY: Employment DEPARTMENT: Public Works Accept the Proposal of Andy Ruroede to Repair Non-Functioning Street Lights and to Train New Department of Public Works Personnel to Install and Repair Street Lights RESOLVEDaccepts the proposal of that the Town Board of the Town of Southold hereby Andy Ruroede to repair non-functioning street lights and to train new Department of Public Works personnel to install and repair street lights , at an hourly rate of $45 per hour, not to exceed $3,600. Vote Record - Resolution 2005-531 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? William P. Edwards Initiator ? Adopted ???????? Daniel C. Ross Voter ?? Adopted as Amended ?? Defeated ???????? Thomas H. Wickham Voter ?? Tabled ???????? John M. Romanelli Seconder ?? Withdrawn ???????? Louisa P. Evans Voter ???????? Joshua Y. Horton Voter 2005-532 CATEGORY: Refund DEPARTMENT: Town Attorney Reduce the Park and Playground Fee for the Application of the Standard Subdivision of Bertha Pawluczyk From $7,000 to $5,000 Per Lot RESOLVEDreduce the Park and that the Town Board of the Town of Southold does hereby Playground fee for the Application of the Standard Subdivision of Bertha Pawluczyk from Page 31 August 30, 2005 Town of Southold Board Meeting $7,000 to $5,000 per lot , in accordance with the recommendation of the Planning Board, its prior approval and in consideration of demonstrated financial hardship. Vote Record - Resolution 2005-532 ? 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 PUBLIC HEARINGS TOWN BOARD APPOINTMENTS EXECUTIVE SESSION Subject Details Contract COUNCILMAN WICKHAM: And that is the last of the resolutions that we have before us tonight. This is the part of the Town Board meeting where anyone that would like to address the Board on any matter, we are here to listen. Yes, sir? GERRY MCCAVERA: Good evening. My name is Gerry McCavera, I live at 1405 Leeton Drive. I have owned a home in Southold since 1972. I would like to raise the question this evening that should be a concern to most of the residents. We are seeing more and more of these monster homes being built along our beachfront. Please walk down Leeton Drive and North Sea Drive and others, I am sure, and view these houses. I wonder if you members of our government ever take a look at the homes that you approved after they are built and the impact they have on our neighborhoods? Builders come in and build under the guise of being residents and then flip the property after two years for tax and other benefits. And we the tax paying residents have to live with the result of their thoughtless, self-serving efforts. They are robbing us all of our rights to visual access to the water, to the beach and our devaluing my property and the property of others. These walls will soon make canyons out of our streets. They think the objective now seems to utilize every square inch of space, every square inches of a lot and build it as high as allowable, if not higher. It is beginning to look like Lefrak city here in Southold. The owner of one of these houses bragged to me that they wanted to build the new house even bigger but the town stopped them, so congratulations to you all for that. It is not only new construction but re- models as well. There is hardly an existing house on the beach today, small, low-lying, that when sold, the bulldozer is going to come in and a new monster is going to be built. This practice, if allowed to continue, is a real threat to our lifestyle and will turn Southold into the south fork, Miami Beach, the Pacific coast and a lot of other places that are suffering the same problems. I respectfully ask the Town to please do two things. One, take a walk down Leeton Page 32 August 30, 2005 Town of Southold Board Meeting Drive and look what we have created. And secondly, please then, come up with a plan that will allow, that will not allow these people to put these monster houses with ten feet on one side and fifteen on the other. It is a disgrace. I have pictures and I have a copy of my comments. May I approach? COUNCILMAN WICKHAM: Yes, please. I would just like to comment that we have actually tried to address this problem with some draft legislation. It has circulated through several committees, it has come to the attention of the Town Board…. MR. MCCAVERA: I was not aware of that, sir. COUNCILMAN WICKHAM: But I am not, I don’t think it goes far enough to address all of your concerns. It does address the problem of tall buildings being built right up to the, as close as possible to the boundary and consequently so very close to the neighboring house. MR. MCCAVERA: Right on the boundary. COUNCILMAN WICKHAM: That is the primary objective of trying to constrain that type of construction. I really can’t say more than that. Dan, would you like to…? COUNCILMAN ROSS: Well, we had a hearing on it this year and you could look at the transcript, there was substantial opposition to it and…. MR. MCCAVERA: Opposition to what, sir? COUNCILMAN ROSS: Opposition to the legislation… COUNCILMAN WICKHAM: That I described. MR. MCCAVERA: I see. COUNCILMAN ROSS: We referred to it as ‘large houses on small lot legislation’ that is not what the official name was but I think it has been before this Board twice. Once, two or three years ago and once this year, I believe it was. COUNCILMAN WICKHAM: The Town Clerk would have that, a copy of that legislation in her office… COUNCILMAN ROSS: And the hearing. COUNCILMAN WICKHAM: And the transcript of the hearing. You might like to take a look at that and then we can talk about it further. MR. MCCAVERA: And what is this gentleman saying to me here? Page 33 August 30, 2005 Town of Southold Board Meeting COUNCILMAN ROSS: I am saying that we have considered it and there has been an attempt to pass such a legislation…. MR. MCCAVERA: And? COUNCILMAN ROSS: And it failed. It doesn’t mean we won’t try again but we had, we need to, there was objections and we, I think there is further work being done on it to try to address the objections that were raised. MR. MCCAVERA: Well, walk down Leeton Drive, I will tell you. COUNCILMAN WICKHAM: Okay. MR. MCCAVERA: Is that it? COUNCILMAN WICKHAM: Thank you. MR. MCCAVERA: Thank you. COUNCILMAN WICKHAM: Would anyone else like to address the Board? Yes. MS. NORDEN: On the subject of the last gentleman’s queries, my, I attended that hearing and my memory is vastly different than Mr. Ross’s. The only vocal objection that I remember is John Nickles, Jr. who brought a folio of interesting pictures, which might have been exceptions to the rule, and an architect that did say that there needed to be some tweaking in terms of the relationship of lot size to height or whatever. I did not have the feeling at the hearing at all that there was substantial objection and in fact, I have wondered what happened to the legislation, as I frequently wonder what happens to a lot of the proposed draft legislation that seems to fall into a vortex, never to be heard from again. I would like to encourage the Town Board because I think that there are many people that are very concerned about this critical issue, to bring out that legislation, dust it off and see if you can possibly pass it during your watch. Because there were many people at the hearing that were very concerned about it and that there might have been some errors in terms of, I don’t even know if there were errors because I am not an architect, I don’t know enough about roof pitch and height relative to lot line but I do know that many people are very concerned about many of these houses and they are in my neighborhood, they are in everybody’s neighborhood. They go right to the edges, that actually skirt the height requirements and we of course, have a building inspector that very rarely makes it to see any of them. So, I would like to make sure, we have two issues, the issue of course is enforcement on the one hand of the current zoning regulations that we have, which seem to be barely enforced, if enforced at all; the second is that in fact, we need this legislation and it was a very good, intelligent intent on the part of the Board to put forth the legislation and I think I would really recommend that we try to see if we can get it through, dust it off, take a look at it, tweak it. It has now been months. And there is no reason why it should be sitting in limbo somewhere. COUNCILMAN WICKHAM: May I respond to that? Page 34 August 30, 2005 Town of Southold Board Meeting MS. NORDEN: Mmmhmm. COUNCILMAN WICKHAM: We have, in fact, after that hearing; given it back to the architect who raised some of those questions and he and some of the proponents and myself have actually tweaked it, we actually do have some revised language that I think would, could go through a public hearing and attract more support. MS. NORDEN: Great. COUNCILMAN WICKHAM: So with your encouragement and those of other people… MS. NORDEN: Sure. COUNCILMAN WICKHAM: …I would like to bring it forward again. MS. NORDEN: And let me also say that there has often been public hearings in which there has been great opposition and you have passed through, passed things through anyway. So it never seems to me to be part of the…. COUNCILMAN WICKHAM: The problem, in short, is to find four votes on the Board to do it. MS. NORDEN: Oh, okay. So let’s see if we can bring that one forward again. It is really critical, it is very important. Many people throughout the Town are concerned about it. Now I would like to go back to the resolution regarding Mr. Isler, I guess 529 or whatever, 530. Or 528. And ask, now that we have decided to hire a lawyer, what we are going to have this gentleman do? This is again, the subject of prosecutorial options, as you so conceived them. COUNCILMAN WICKHAM: This morning we had quite a lengthy discussion and maybe this would be a good time to bring people up to date with what the Board discussed, because I have a tendency to just talk and talk, I have tried to condense my talk a little bit into some comments here so that I don’t get too far off the track. MS. NORDEN: Go right ahead. COUNCILMAN WICKHAM: Two weeks ago, the Supervisor I think addressing you, said that the Board would be reviewing all of our options and that at some stage we would be making some comments, some information available to the public. We would be reviewing all of our options and we have begun that process. Tonight I would like to touch briefly on what the Board has decided so far. First, as you have seen from our resolution, we have moved to retain legal counsel. Frank Isler has served the Town well on several previous issues and the Board has great confidence that he will be an asset with our Town Attorney and Assistant Town Attorney. A legal team, to help us. What we are asking this, what are we asking this legal team to do for the Town? I think that is the question that you are asking and that I would like to respond to. Let me begin by pointing out that there are really two separate issues regarding ferry operations, one Page 35 August 30, 2005 Town of Southold Board Meeting of them is the high volume traffic and the other is parking for the foot passengers. For the most part, traffic, the high volume car traffic is generated by the large car carrying boats. As the company’s capacity has increased, the numbers and the size of it’s boats, the traffic throughout the Town and particularly on Route 25 in East Marion and Orient, that traffic has increased sharply, as you know. This traffic has reached intolerable and even unsafe levels for our own residents. But there has also been an enormous increase, in the last ten years, in pedestrian passengers on Cross Sound boats. Most of it generated by the high speed sea jets but a lot of it is also carried on their bigger boats. Just passengers who get on. These people require authorized parking spaces, and it has become clear that there is not enough of those spaces. So we are looking into two separate initiatives. One directed at controlling traffic through our communities, car traffic and the other to provide for parking for the pedestrian passengers. Regarding traffic. We believe that we do not have the power nor do we wish to prohibit interstate commerce. That interstate commerce is, just is there to thrive and to benefit both sides of the commerce. We do believe, however, that we may rationally place a capacity restriction in our zoning code for the M-II zoning district. That is the zoning district that this site now has. And we are asking our legal team to help us do that in a reasonably and rationally supported way. Regarding parking, you should know that although hotels, restaurants and even B & B’s in the Town of Southold are held to x number of parking places for y number of rooms or tables in the restaurant, there is no such formula in the bulk schedule for ferry terminals. We need to provide for such regulations in our zoning code. Both these initiatives require solid information and background, so we are also planning to engage a traffic engineer to conduct a current traffic count, we have old ones. And the parking counts relating to ferry’s operations. Finally, the Board has determined that beginning about three weeks ago, the Cross Sound ferry has been operating from one of its primary parcels and I am not talking about the trust parcels; one of its primary operating parcels, without a site plan. This is just not acceptable. No business in this Town, large or small, should be allowed to operate without a site plan. We have asked our legal team to advise us regarding what actions to take. I look forward to updating this information from time to time with the public, as we make progress on these several fronts. And we are open to suggestions and comments from the public. Maybe some other Board members would like to add to this comment? (No response) If not, we are open to public comment. I think we have made progress. MS. NORDEN: Well, I am concerned about the actions you are going to take. I know that you have some concerns and you have laid them out, vis-à-vis parking and site plans. We all know that. I mean, that is real clear that they have not been in compliance, we know, we brought that up the last time, these guys are operating without a site plan, blah, blah, blah. So, this is not anything new. This is not taking an action. It is not recognizing anything in particular, until we decide what are we going to do about this business that is operating outside of our zoning laws? Now, what action are we going to take? We know they are operating outside of the zoning laws, we know there is a parking problem, we know, all of us have real concerns about it. But I am asking about prosecutorial options. What are you going to do about it? COUNCILMAN WICKHAM: A) Mr. Isler really hasn’t started working with us on this yet, I mean, he was at a preliminary meeting and we have agreed to engage him as of 15 minutes ago; we are really not in a position to discuss legal strategies. We haven’t even got our attorney with Page 36 August 30, 2005 Town of Southold Board Meeting us yet. All I can say is, we are committed to finding those strategies and finding effective ones. MS. NORDEN: Right. COUNCILMAN WICKHAM: And the Board, for the first time, I believe, is pulling together in that area and secondly, we are pulling together with the Planning Board. In the past, there has been a tendency for the Town Board to take action seriously and the Planning Board to, not to be fully consistent with the two Boards. I think we have found a way to pull that together. MS. NORDEN: So again, I ask what I asked the last time, I mean, do we have any sense of timetable? Do you, is there any sense of urgency or anything that would move you to take some action within the next several months for example? COUNCILMAN WICKHAM: Let me just say this. Two weeks ago, we were asking these questions and we said that we thought we would have the answers for you in four weeks. But in fact, we have had them in two weeks and we have engaged in an attorney and I think there is a lot more interest than may be apparent in moving quickly on this matter. MS. NORDEN: Okay. I will come back in a couple of weeks and see where we are at. COUNCILMAN WICKHAM: And we would like to see people continuing to express interest in this issue. MS. NORDEN: It is not just interest, I mean, this is a critical concern. At any time in the future, we can declare yet another state of emergency. We have concerns that have yet to be addressed. We have hired somebody, yes. I don’t know anything about his background. But I am now concerned that we do go forward and we come up with a plan. And that we put some speed, some energy and some spin behind it, so that we are not, like with the DOT letter, we are not waiting several months later to do what we did several months ago. I think we really need to move forward on this issue. As you know, I don’t need to tell you that people are extraordinarily concerned about it. And frankly, we as a town do not need to solve the problems of the ferry. There are ferries all over the country like Martha’s Vineyard and Nantucket Steamship Authority. I lived in Martha’s Vineyard for many years. You can’t even pull your car in front of the terminal without getting moved immediately. They have off-site parking which is 15 or 20 minutes away in Falmouth. They have several different off-site areas that that ferry has actually purchased property and really put in parking. This is a business; they know what they need to do. They know what needs to be done and we have let this go on far too long. There are terminals and ferries all over the country that have solved this issue very quickly. They just create parking for the people that are taking their ferry, period. And I just think that we are recognizing and saying, you know, we are reinventing the wheel here when we say we now recognize how serious the problems are and blah, blah, blah, blah. The point is that there are easy solutions. This is a company that needs to provide parking. They can purchase property or lease property anywhere in the Town of Southold or beyond, and find a way to park those cars so that our safety and our lives are not inconvenienced or jeopardized. Page 37 August 30, 2005 Town of Southold Board Meeting COUNCILMAN WICKHAM: I will just go one step further. This is not only about parking. It is also about traffic. MS. NORDEN: Sure. COUNCILMAN WICKHAM: And we do approach it on both fronts. MS. NORDEN: I know but you have also talked about that from the Board’s point of view, we no way want to limit interstate commerce. So if it is a matter of traffic and you don’t want to limit interstate commerce, I don’t know where that puts you, vis-à-vis traffic. I mean, you can’t have it both ways. You can’t say on the one hand it is interstate commerce and so, you know, all comers beware. And on the flip side say that in fact, you know, we are concerned about traffic and safety. The real problem is that there are just too many cars. And if you are not willing to address that issue, vis-à-vis traffic, I don’t know what else can be addressed. Maybe a few stop signs but I don’t think it is going to make a whole lot of difference. Anyway, I will be back in a couple of weeks to find out where we are at. COUNCILMAN WICKHAM: Good. Yes, Ms. Tole. MS. TOLE: I would urge the Board to set a timetable for Mr. Isler. A rigid timetable, that you can help us see the progress so that there are expectations that have to be met, rather than kind of standing back from the issue. I think that’s pretty important. COUNCILMAN WICKHAM: I think we… MS. TOLE: Strategizing alone can take almost forever. COUNCILMAN WICKHAM: Thank you. MS. TOLE: Traffic is just not related to the car ferries, though. And I encourage the Board also to realize that traffic is very, very much linked to the high speed ferry. Matter of fact, I had heard that a survey was commissioned and it is to be used somehow in election I believe and that there was no differentiation between high speed ferry and regular ferry and I get the sense that people want to kind of skew public opinion and I encourage this Board to be very unmoved by that. And I … COUNCILMAN WICKHAM: All that we are really saying is that there are two separate issues and we are not content to just address one of them. We want to address both of them. MS. TOLE: Can I also ask, the April letter, I think it was, to DOT? Did we get an answer from them? COUNCILMAN EDWARDS: As I mentioned earlier, the district manager of the DOT relatively recently proposed setting up a meeting of the affected parties, by which he meant the Town, the DOT and the ferry. It is my feeling that the ferry really isn’t a player; they may be Page 38 August 30, 2005 Town of Southold Board Meeting responsible for the cars being there but the issue of safety is really an issue for the Town and the DOT to work out. I, frankly, think that this was a disappointing response but it wasn’t a surprising response. And at this point, we are just trying to heighten the pressure a little bit. MS. TOLE: I would agree with you on that response but I would ask, did you ask then that the meeting commence without the ferry? COUNCILMAN EDWARDS: I didn’t because the letter was addressed to the Supervisor and I have not spoken with him as to what he may have done with respect to that. MS. TOLE: Oh, okay. Yet we are moving to write another letter but we haven’t moved on kind of dealing with the response from the last letter. I, or we don’t even know what the response was? COUNCILMAN EDWARDS: I do not know whether the Supervisor has spoken with them. But I think clearly a meeting would be helpful in moving the process forward. MS. TOLE: There was some discussion on the law, what did you call it? Large houses on small lots? COUNCILMAN WICKHAM: Yes. MS. TOLE: Okay. If I remember correctly and I was here for much of that discussion, I agree with the assessment that I would not say that there was overwhelming opposition to it, there were some questions and some tweaking that needed to be done and one small component of the community, I felt, was rabidly opposed to it. If I remember correctly, it also came out of the Planning Board. That they had worked on that legislation, dealt with setbacks and height and other…. COUNCILMAN WICKHAM: They helped us with it. And so did the Building Department and the Zoning Board. It actually came primarily, initially from the Zoning Board. MS. TOLE: Zoning Board. Alright. That is good. Yes. Thank you for reminding me, very much so that they were behind that. I applauded them at that hearing for coming out with such good offerings of legislation. I was very disappointed that it was not quickly adjusted and passed. Badaboom. But it wasn’t. And I would just like to add two other little comments about it. We had two and a half years of moratorium and it wasn’t addressed and it wasn’t done and that was very much about the shape of the future of our town, the moratorium. And again, the ball was dropped. We are four years after moratorium, almost to the day… COUNCILMAN WICKHAM: What do you mean, the ball was dropped? I thought we worked quite hard in our subdivision code, in many of the other things that we have done. And in fact, since the moratorium has ended, the Town has not degenerated into a, I mean, a lot of these large homes on small lots, and it is a concern to me but it is not as if when the moratorium ended, everything fell apart. Page 39 August 30, 2005 Town of Southold Board Meeting MS. TOLE: No but when the moratorium ended we had substantial interest in subdivisions that I find alarming. And I think you would find it alarming also, Tom, the interest in the subdivisions that we have seen discussed. Whether they are in Southold or up on North Road or Mattituck… COUNCILMAN WICKHAM: There are some concerns. And I share them but the preservation rate in all those subdivisions is still very high. We are still preserving on the order of 90 percent, preserving in perpetuity 90 percent of the land that is coming in for these subdivisions… MS. TOLE: I want to make sure I understand exactly what you are saying, Tom. On the subdivisions that are proposed in this Town, of all the property that could be developed, 90 percent of it is… COUNCILMAN WICKHAM: Not proposed but acted upon. I mean, acted upon. MS. TOLE: Oh, okay. So, here is my assessment. There is just a whole bunch of buildings that haven’t been acted upon yet. COUNCILMAN WICKHAM: One of the things that has not been acted on and I have been trying, I have tried to put this out into the public. When there is an individual lot that cannot be subdivided, people who own those rights have the right to come into the building department, get a building permit and put a house on that lot. There is no subdivision required, there is no special permits; you just come in, get a building, you have to go do the, you have to have a proper engineer and an architect to design the house and all of that but basically, people who own these what are sometimes are called ‘single and separates’…. MS. TOLE: Mmmhmm. COUNCILMAN WICKHAM: Or not further subdividable lots, those lots, people can develop. And I don’t think we can reasonably expect that the zoning code can restrict the pace of development of those lots. MS. TOLE: I think the reasonable expectation is that you can control what you can put on that property and that is this legislation that we are talking about. And this board has made much hay about the concept of, the term came from up there first, first time I heard it, McMansions. And we still do not have a restriction on McMansions number one and number two, you talk and talk about affordable houses and I know we are probably simpatico here but this is part of keeping houses affordable. That they cannot be developed disproportionately to the property that they are on. COUNCILMAN WICKHAM: I would like to take this opportunity to just canvass the Board, is there interest on the Board of bringing a tweaked version of this legislation forward again? COUNCILMAN ROMANELLI: I would like to see how tweaked it, sure. I don’t know what you did, I haven’t done anything on it. Page 40 August 30, 2005 Town of Southold Board Meeting COUNCILMAN EDWARDS: When we had the hearing, I was less persuaded, I was persuaded from what was said at the hearing, not so much that by the number of people who were for or against it but by two or three architects in the audience who spoke up specifically to what were clearly seemed to me to be defects in the legislation and therefore that is why we sent it back and found some architects, one of the objectors to address it. I am anxious to see it when it comes back MS. TOLE: Are most all of those . COUNCILMAN EDW ARDS: They were. MS. TOLE: .. . things from the architects had to do with roof pitch, as I remember COUNCILMAN EDWARDS: They had to do with and how you define the height of a building, which you would think would be a simple thing to do but I have learned isn't a simple thing to do. Those were the primary issues that were addressed and the law was also called loosely the pyramid law by some people at the time. It is not dead. COUNCILMAN WICKHAM: I think we have enough interest to move ahead with it again. MS. TOLE: Rapidly? Do we have that sort of interest from the Board? COUNCILMAN WICKHAM: Well, I would like to adopt the same time frame that we did On the Cross Sound ferry. MS. TOLE: I will be back. Thank you, Tom. COUNCILMAN WICKHAM: Would anyone else like to address the Town Board on any matter of town business or town affairs tonight? (No response) If not, I thank you for your participation * * * * * ~fJ ~AJ Linda J. Cooper Deputy Town Clerk Page 41