HomeMy WebLinkAboutTB-03/14/2006
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
REGULAR MEETING
MINUTES
March 14, 2006
7:30 PM
A Regular Meeting of the Southold Town Board was held Tuesday, March 14, 2006 at the
Meeting Hall, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge
of Allegiance to the Flag.
Attendee Name Organization Title Status Arrived
Albert Krupski Jr. Town of Southold Councilman Present 7:30 PM
William P. Edwards Town of Southold Councilman Present 7:30 PM
Daniel C. Ross Town of Southold Councilman Present 7:30 PM
Thomas H. Wickham Town of Southold Councilman Present 7:30 PM
Louisa P. Evans Town of Southold Justice Present 7:30 PM
Scott Russell Town of Southold Supervisor Present 7:30 PM
Elizabeth A. Neville Town of Southold Town Clerk Present 7:30 PM
Patricia A Finnegan Town of Southold Town Attorney Present 7:30 PM
I. Reports
Subject Details
1. Year End Statistics for 2005 Police Department
2. Supervisor December 2005
3. North Fork Animal Welfare League Fourth Quarter
4. Town Clerk Monthly Report February 2006
5. Judge Bruer Monthly Report February 2006
6. Program for the Disabled February 2006 Events
7. Recreation Dept. Monthly Report February 2006
8. Island Group Claim Lag Report 2/1/05 -1/31/06
9. Supervisor's Report January 2006
10. Supervisor's Report February 2006
11. Trustees Monthly Report February 2006
II. Public Notices
Subject Details
1. Renewal of Seasonal Liquor License with NYS Beach House, Fishers Island Country Club
Liquor Authority
2. Renewal of Seasonal Liquor License with NYS Club House, Fishers Island Country Club
Page 1
March 14, 2006
Town of Southold Board Meding
Liquor Authority
3. Intent to Apply for a NYS Liquor License MoJo's Restaurant & Sushi Bar, First St., New
Suffolk
ill. Communications
None
IV Discussion
.
Subiect Details
1A. Application for Transfer of Sanitary Flow CDC ofLl - SCTM #1000-122-2-23.1 Sound
Credits Avenue and Factorv Avenue, Mattituck
lB. Animal Shelter 9:00 am Desi= Learned & AB Studios
2. DOT Fundin" 9:30 AM Jamie Richter and Neb Braschich
3. Conservation Advisorv Council 9:45 AM
4. "The Cotta"es At Mattituck" 10:00 AM - Philin Beltz and CDC
5. Hirin" Bav Constable 10:30 am - Chief Cochran
6. Town Board Priorities 11:00 am - J. Woodhouse, M. Spiro, J. Sepenoski,
Mark Terrv, A.Trezza
7. Changes to "A Local Law In Relation to
Amendments to Uses Within the Hamlet Density
Residential District"
8. Alarm Activations CAST
9. Executive Session - Property Acquisition 1 :00 PM - CANCELLED
10. Executive Session Personnel
Minutes Annroval
>> Accent the Mmutes of 1/3120064:30 PM
./ VO.. Record- Mln.... Aoc.....n'. of J....rv J 2006 4:JO PM
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Page 2
March 14,2006
Town of Southold Board Meeting
Statements
SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Okay.
At this time I am going to ask anybody that would like to comment on any of the issues that
appear on the agenda, any resolutions that we are about to act on, would you please come
forward? Mrs. Egan.
JOAN EGAN: Good evening, Joan Egan. Good evening Town Board members ,and Mr.
Russell. 262, the (inaudible) where are they from? These Claire Kombrink, are they local
people?
SUPERVISOR RUSSELL: I don't know where she resides. She has been working for the Town
in that capacity for some time now. This resolution really just addresses an increase in her
hourly rate. She still is probably half of what some of the other attorney's would charge us, so I
still think she is an excellent value.
MS. EGAN: Good, so you checked her out. Again, the same question on 263, Mary Wilson, she
is local?
SUPERVISOR RUSSELL: Yes. Mary Wilson was actually a former Town Attorney for
Southold and a really fine one, And another issue there, again, adjusting the salary that they
receive. She has also been working for the Town for some time.
MS. EGAN: Good, Item 266, I hope they take care of all the equipment and trucks and things
that we give. I know they do a lot of hard work and a lot of hard things but I hope they take
good care of them because it is very expensive. Now, on item 269, this I assume is a cook that
has been there for quite some time.
SUPERVISOR RUSSELL: For this particular, actually, yes we are establishing the salary for,
yes, a cook who has been there. Under the civil service, well, the CSEA agreement, we have to
establish the salary range for any position when we create it and that one had been vacant.
MS. EGAN: Well, I hope so. I notice you usually have something else further on, another
change up there and I feel very strongly about that, that it has to be some form of
mismanagement when you have such a changeover of personnel. Now, these 273, that one,
okay, that is a one day atlfair for Land Preservation, that is fine. (Inaudible) Now 277, engineer
up in Albany for two nights, . .
SUPERVISOR RUSSELL: He actually asked me...
MS. EGAN: That can't be done by computer or books?
SUPERVISOR RUSSELL: He asked me actually, our engineer asked me if! wanted to go with
him to attend that seminar and as attractive as driving to Albany to learn about roundabouts is, I
had to pass on it because of the duties here.
Page 3
March 14, 2006
Town of Southold Board Meeting
MS. EGAN: And Frank Isler, we have had him before, right, on #279? And 282 I mentioned is
the resignation of another person from the Human Resource Center. Has to be bad management
there that you have such a changeover of personnel and it bothers a lot of the seniors. Now on
item 284, that CDCLl, that is the name of the company that wants to put that housing project on
Factory A venue. I hope to god that project doesn't go through. That is all for now.
SUPERVISOR RUSSELL: Would anybody else like to address the Town Board before we get
down to business? Mr. Pa.pish.
GLEN P APISH: My name is Glen Papish, I have lived in Mattituck since the 50's I guess. I live
on Ole Jule Lane. And I am here tonight because the people on Ole Jule Lane are tired of the
guys coming down there 90 miles an hour. And I mean, they have got kids, they walk dogs, they
have got people there and I haven't seen a cop. I don't know, have we got any cops in this town?
SUPERVISOR RUSSELL: I would be happy to meet with you after the meeting and we will
actually sit down with the Chief tomorrow and discuss that if you would like.
MR. P APISH: I have sat down with the Chief in Riverhead and it didn't do any good.
SUPERVISOR RUSSELL: It is a very valid point that you are bringing up but unfortunately...
MR. P APISH: There has got to be some cops in both towns, 75 or something like that in
Riverhead. I remember when we had two.
SUPERVISOR RUSSELL: Let's meet after the meeting and we will sit down and work
something out. Very good. Anybody else? (No response)
Resolutions
2006-259
CATEGORY:
DEPARTMENT:
Audit
Town Clerk
Approve Audit Dated March 14. 2006
RESOLVED that the Town Board ofthe Town of Southold hereby approves the audit dated
March 14. 2006.
Ii'! Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
,
:':,A.i.~~rij5!~p~:~Ui: ..... ...............T"\/oter
William P. Edwards'''''-' -"----'-TVoter
Daniel C. Ross i Voter
Thomas H. Wi.ckham .". Seconder. .......,
Louisa P. Eva~..."..... ........; }~~t.i~.!~~...... _.. .,."..
Scott Russell Voter
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'" Vote Record- Re$(Jllltion.2006-:Z~i9
Page 4
March 14, 2006
Town of Southold Board Meeting
2006-260
CATEGORY:
DEPARTMENT:
Set Meeting
Town Clerk
Set Next Meetingfor March 28, 2006
RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held,
Tuesday, March 28, 2006 at the Southold Town Hall, Southold, New York at 4:30 P. MoO
VOI.kel>>....ll,."'I1i!l.".ZDIJ6..Z6!)
'" Adopted
o Adopted as Amended
o Defeated
o Tabled
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2006-80
Tabled 1/3/200611:00 AM
CATEGORY: Organizational
DEPARTMENT: TO\1ffi Clerk
Appoint Robert Feger, Superintendent of the New Suffolk Common School District, As Attendance Officer
for the Year 2006
RESOLVED that the Town Board of the Town of Southold hereby appoints Robert Fel!:er.
Superintendent ofthe New Suffolk Common School District. as Attendance Officer for the
vear 2006, subject to the written approval of the District Superintendent of Schools; and
be it further
RESOLVED that the compensation of the Attendance Officer be fixed at $5.00 per hour when
working in this capacity, he to pay his own expenses; and be it further
RESOLVED that the Town Clerk be and she hereby is instructed to notify Robert Feger and the
District Superintendent of Schools of this appointment.
Page 5
March 14, 2006
Town of Southold Board M<:eting
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2006-261
CATEGORY:
DEPARTMENT:
Attend Seminar
Police Dept
Grant Permission to Captain Martin Flatley to Attend the Annual FBINA Training Program In Toronto,
Canada
RESOLVED that the Town Board ofthe Town of South old hereby l!rants permission to
Captain Martin Flatlev to attend the annual FBI National Academv traininl! seminar
entitled "International Co-Operation - Navil!atinl! the World" in Toronto. Canada. from
Saturday. Julv 15 throUl!h Wednesday. Julv 19. 2006. Registration will be $350.00, airfare
approximately $325.00 and lodging approximately $796.00. All expenses for registration, travel
and lodging to be a legal (:harge to the 2006 Police budget line A.3l20.4.600.200 (Police Officer
Training).
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2006-262
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Land Preservation
Engage the Professional Services of Lisa Clare Kombrink, Esquire, to Provide Legal Counsel to the Land
Preservation Committee
Page 6
March 14, 2006
Town of Southold Board M"eting
WHEREAS, the Land Preservation Committee has made a recommendation to the Town Board
that the Town Board engage outside legal counsel to prepare contracts for and to provide legal
services with regard to farmland acquisitions; and,
WHEREAS, funding for such legal counsel is provided for and will be charged to the
appropriate Community Preservation Fund budget line; now therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby enl!al!es the Drofessional
services of Lisa Clare Kombrink. Esquire. to Drovide lel!al counsel to the Land
Preservation Committee at an hourly rate of $195.00 per hour, and $90.00 per hour for
paralegal assistance, to pn:pare contracts for and to provide legal services with regard to
farmland acquisitions. Additional expenses subject to reimbursement shall include travel time,
long distance telephone calls, telecopies, photocopying and printing fees.
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Thomas H, Wickham Voter .;.'"
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Scott Russell , Voter
2006-263
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Land Preservation
Engage the Professional Services of Mary C Wilson, Esquire, to Provide Legal Counsel to the Land
Preservation Committee
WHEREAS, the Land Preservation Committee has made a recommendation to the Town Board
that the Town Board engage outside legal counsel to prepare contracts for and to provide legal
services with regard to open space acquisitions; and,
WHEREAS, funding for such legal counsel is provided for and will be charged to the
appropriate Community Preservation Fund budget line; now therefore, be it
Page 7
March 14,2006
Town of Southold Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby en2a2es the professional
services of Marv C. Wil!:on. Esquire. to provide le2al counsel to the Land Preservation
Committee at an hourly rate of$195.00 per hour to prepare contracts for and to provide legal
services with regard to open space acquisitions. Additional expenses subject to reimbursement
shall include travel time, long distance telephone calls, telecopies, photocopying and printing
fees.
0{ V.te R.....d - Re.....ti.. ~1!Ofi.,~I~
1<1 Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
,
,
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2006-264
CATEGORY:
DEPARTMENT:
Attend Seminar
Police Dept
Grant Permission to Lt. H William Sawicki to Attend the Annual Mid-Atlantic Law Enforcement
Executive Development Seminar In Princeton, NJ
RESOLVED that the Town Board of the Town of South old hereby 2rants permission to
Lieutenant H. William Sawicki to attend the annual Mid-Atlantic Law Enforcement
Executive Development seminar. in Priceton. New Jersev. commencinsz on Sunday. June 11
throuszh Fridav. June 16,. 2006. Registration will be $500.00, lodging approximately $580.00,
travel to be by Town vehicle. All expenses for registration, travel and lodging to be a legal
charge to the 2006 Police budget line - A.3l20.4.600.200 (Police Officer Training).
,.rVote Reeord,~ 1tesolutioil'2006-2Ei4 .'
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Voter , 0
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Louisa p. Evans Voter 1<1
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Scott Russell Voter
Page 8
March 14,2006
Town of Southold Board Meeting
2006-265
CATEGORY:
DEPARTMENT:
Employment - Town
Town Clerk
Amend Resolution 2006-225, Adopted At the February 28, 2006, Regular Town Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2006-
225. adopted at the February 28. 2006. rellular Town Board meetinll to read as follows:
RESOLVED that the Town Board of the Town of South old hereby increases the rate ofpav of
Deckhand Jake Bean. Fishers Island Ferry District to the hourly walle of $9.90. as he has
passed a Captains test, effective February 16, 2006.
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................................................
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2006-266
CATEGORY:
DEPARTMENT:
Budget
Aceounting
Authorize the Establishment of a Capital Project In the 2006 Capital Budget- Solid Waste Work Truck
RESOLVED that the Town Board ofthe Town of Southold hereby authorizes the
establishment of the followinll Capital Proiect in the 2006 Capital Budllet:
Capital Project Name: Solid Waste Department Field Maintenance Vehicle
Financing Method: Trarlsfer from Solid Waste District
Budget:
Revenues:
H.5031.85
Interfund Transfers
$20,000.00
Appropriations:
H.8160.2.300.400 Solid Waste
Page 9
March 14, 2006
Town of Southold Board Meeting
Capital Outlay
Pickun Truck
,('Vol..Re""rd'.'RfiolalklllZOQ&..21"
$20,000.00
Ii'!
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
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2006-267
CATEGORY:
DEPARTMENT:
Budget
Aceounting
Modify the 2006 Budget and Authorize the Establishment of the a Capital Project In the 2006 Capital
Budget
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 budeet
as follows:
To:
A.9901.9.000.100
Transfer to Capital Fund
$6,450.00
From:
A.1990A.I 00.1 00
Contingent, C.E.,
Unallocated Contingencies
$6,450.00
AND BE IT FURTHER RESOLVED that the Town Board of the Town of Southold hereby
authorizes the establishment ofthe followine Cavital Proiect in the 2006 Cavital Budeet:
Capital Project Name: East End Transit Authoritv Partnershin
Financing Method: Transfer from General Fund Whole Town
Budget:
Revenues:
H.5031.45
Interfund Transfers
$6,450.00
Anoronriations:
H.8020.2AOO.200 Planning
Capital Outlay
EE Transit Authority Partnership
$6,450.00
Page 10
March 14, 2006
Town of Southold Board Meeting
./ Voc.ll_rd - ll......tIon Z~267
Ii'! Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
......................... L--,--y~-~-~y-~------j
..._~.~..~._~P_~_~.!~:._._ i Voter .____._L._ 0 i
William P. Edwards '-'--Seconder, .-.....~..,._..,..'._....'1
"-fk"~i~fc':'R~-~------ ,. - !...Initiator.......... ._..........I~f....... ....-
Thomas H. Wickham____..-_:_::::::[S~~i~~ li:J......... "'1
Louisa P. Evans i Voter ' ..........fa
ScotdtusseiC' .................... '-T"'V~t~" ...... l ~--- ~---
__._N:~~~_Y ....~
o
-.......0...........
.....................
o
.....n.n.ne)" ...
..- "0"------.--
D.--.....-r
....~~.~.!.~.i.~_.,.._.L_._~~.~.~!!~_.,.__.
DiD
...........Ef"".---...r-- -"Ef'-"--
0- - - - r -----_.n-O.-n
-0"-' ""i'~j
----0 _._n..."..t ".-......"0.........
DID
2006-268
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Accounting
Establish a Salary Scale for the Position of Senior Assessment Clerk
RESOLVED that the Town Board of the Town of South old hereby establishes the followinl!:
salary scale for the position of Senior Assessment Clerk:
As ofJanuary I, 2006
Entry
I
2
3
4
5
31,091.11
33,088.87
35,086.63
37,084.39
39,082.15
41,072.91
As ofJanuary I, 2007
Entry
I
2
3
4
5
32,257.03
34,329.70
36,402.38
38,475.05
40,547.73
42,613.14
.,- Vote Rerord -Resolution 2006-268 .
. X~.~.!.~y..~.... ~~!N~.Y Abstain Absent
.-.--.. ......., "0 ... 0
Ii'! Adopted .Al.~_~m~~P~~..~.~:........... Voter Ii'! 0
" .-..... ... i~r " 0 ..... 0
0 Adopted as Amended William P. Edwards , Voter 0
0 Defeated Daniel C- Ross . Voter ..... i~r '0 0 ..--.......! ... '0
0 Tabled , .".". Ii'! 0 , ........ ..... ... 0
Thomas H. Wickham Seconder 0
0 Withdrawn G;'~i~a--p..nE~ans ....... .,."... . 0 .--.-.. .. 0 .... ...,. ......0 0
Initiator
. .... . 0 .__n. 0 .... ... .,.. 0
Scott Russell , Voter 0
Page II
March 14, 2006
Town of Southold Board Meeting
2006-269
CATEGORY:
DEPARTMENT:
Contracts, Lease & Agreements
Accounting
Establish a Salary Scale for the Position of Senior Cook
RESOLVED that the Town Board of the Town of Southold hereby establishes the followine
salary scale for the Dositiion of Senior Cook:
As ofJanuary 1, 2006
Entry
1
2
3
4
5
41,233.35
41,586.68
41,940.01
42,293.34
42,646.67
43,000.00
As ofJanuary 1,2007
Entry
1
2
3
4
5
42,779.60
43,146.18
43,512.76
43,879.34
44,245.92
44,612.50
., Vol. Re<otd - ~..I.tl~nlllllr;.16~
~."._.X~,~~y..~ ..J..,..,..~"~!.N_~J---"--l--- Abstain , Absent
U ._.__n._._._._..,_ .............. --0'---"-'---;" ........cf
[;'] Adopted AI~ert](,nlpskiJL.." Voter , [;'] 0
....... ".".". ".".""....."."f."""-"-i!] uD -.-. '.-'i ....................... "'r D
0 Adopted as Amended William P. Edwards : Voter i 0
0 ..... ....... ...~..:~..::.:[yo~~ ---- >----- u0 ... D ... ...... D -- , D
Defeated Daniel C. Ross ,
u _____._._._..._._....._..'_m ..... D"
0 Tabled Thomas H. Wickham ... ..L,~~_~!i_~t5?!.___ [;'] 0 ; 0
.................. ............... ---~ ..
0 Withdrawn Louisa P. Evans ..L..,~econder 0 0 J D , D"
Scott Russell .---.-.-..-.--............ ! Voter ................,. ..........i<l D D ... .... .. ........ D
2006-270
CATEGORY:
DEPARTMENT:
Budget Modification
Accounting
Authorize the Establishment of a Capital Project In the 2006 Capital Budget
Page 12
March 14,2006
Town of Southold Board Meeting
RESOLVED that the Town Board of the Town of South old hereby authorizes the
establishment of the followin2 Capital Project in the 2006 Capital Bud2et:
Capital Project Name: Printers
Financing Method: Transfer from General Fund Whole Town
Budget:
Revenues:
H.5031.35
Interfund Transfers
$5,000.00
Appropriations:
H.1680.2.600.100 Central Data Processing
Capital Outlay
Workstations and Printers
$5,000.00
v Vote R......d . Re..lutl.. 200fi-210
Ii'! Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
---,..................... .-.-....
____A_~~~.,.~P.~_~}1.::_._
William P. Edwards
:.)?~.~~~fC~--Ro.ss'..,..,..,..,. ,.
..,!h9.~!l_~,_g~_:~~:yi.~,~h~!!l_
}!,~~!.~.,!, Y: Evans
Scott Russell
'::::::'.:'.:..: _ rI~:!!!~!_Q~._._.
, Seco~.4.'::~......._.::.
__ ...... .Y.9_~.er _....
.__...., ..Y.2_~,q ......
.........yoter ._, .......
J Voter
L...._~~~.~.y___
o
......Cr.... .........
Cr.............I...
.-.-. ....T.... -.'O'mm...........+.....---
,-.... ".".... 0 .-.......t."..
...........1...". tj .-.-.-......"...
Abstain Absent
o - - ;-."........'0."-
"[j ".""--+ ...".. .'0"'.".
g:g
.0. "".Cr.
D -.,..,. Cr..
2006-271
CATEGORY:
DEPARTMENT:
Strawberry Fields
Town Clerk
Approve the Application of Green port Youth Activities to Use the Strawberry Fields Fairgrounds on May
18 - 21, 2006for Their Annual Carnival
RESOLVED that the Town Board of the Town of South old hereby approves the application of
Greenport Youth Activities to use the Strawberry Fields Fair2rounds on Mav 18 - 21. 2006
for their Annual Carnival as outlined in their application, provided they file with the Town Clerk
a one million dollar Certificate of Liability naming the Town of Southold and the County of
Suffolk as additional insured for $1,000,000.00 each. Capt. Flatley to be contacted within ten
(10) days after Town Board approval to coordinate traffic control.
Page 13
March 14, 2006
Town of Southold Board Meeting
./ V.le Record. Resold.. 20~2n
Ii'! Adopted
o Adopted as Amended
o Defeated
o Tabled
o Withdrawn
..."""""""" ............ ; ............. ..... ""._ __.Y~_sf~y.!:._ ..L"_.~"~[N~.y,__J.,._..,.A:~,~~~~"~. Absent
~lb"it~ps~iJr uL"'2~"':.. ... u ......... ..~........;. 00...............;".. ......00........:, g
William P. EdwaT~s ._._.._...... ...L.J.!.!j!j_~!_Q~ .-.-.... .............~.... _ 0 ...t ..".""--0---.---.........;.".. 0
.._~.~j.~.I.._~~._~2s~______....._ .. ........J...Yoter iii '.'.'"er--
Thomas H. Wickham . Voter I~f ______j ...........0.......... +-. ...:~::J~L::..~.:.:.:: 0
-.-L;~i~"i):.E-v.a~'..'. ......! Seconder ----.-...I~r ...........,...... 0 0 .........0...........
.-Scotd~.usseli"'..'. i Voter ............~- mEr ...........+ ....... "Cr" ..7..........[(".
2006-272
CATEGORY:
DEPARTMENT:
Budget Modification
Town Clerk
ModifY the 2006 Whole Town Budget - Capital
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Whole
Town budl!et as follows:
To:
A.1460.2.200.500
ReGords Management
Computer Equipment
$10,000.00
From:
A.9901.9.000.100 Transfer to Capital Fund
./"V..te Reeord... Resulution.2fJ06-zi':i
Ii'!
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
$10,000.00
,.......,""., ., , ~ . ....N~!.Nl!_y_
- :~~~~::~p~.~)i::__~"-"-' ...........1 --Voter ._..... ......; .. X~~A.. ::::__~:::~ 0
William P. Edwards .-..... .......r.'yoter ..,",. -fif .. ....."0
~_Q_~0(~L9;,::~?~"~." .--.......... .r'.I~iti'~t~~_.__.. ...... ............~"---- -.-~::i-.:.. .......0"."."." ","-,
....!h2~'!_~.__~,:...~!.~,!sP.:am ..._.... ..L".y.9."~~___________ ,_.: ........""0 _ _ _ _ -j..__ .......0
Louisa P. Evans i Seconder ... ."..."~ ......0
-Scoit"R~'~'~~ir"" .......... ... '"t\loter ............. .t."... 'T~r --......i...... 0 --.
Abstain
'0
'0'
o
o
o
o
Absent
"0'"
...".....;--- --.--0.-.'.
..... __"'J~:::~:::::.
o
Uo
'0
,
-........,....
,
......" ","--
,
2006-273
CATEGORY:
DEPARTMENT:
Attend Seminar
Land Preservation
Grant Permission to Melissa Spiro, Melanie Doroski and Mark Terry to Attend the "March Road Tour"
Workshop on Land Preservation and Farmland Protection In Riverhead
RESOLVED that the Town Board of the Town of Southold hereby l!rants permission to
Melissa Spiro. Land Pre:lervation Coordinator. Melanie Doroski. Administrative Assistant
Page 14
March 14,2006
Town of Southold Board Meeting
and Mark Terrv Sr. Enyironmental Planner to attend the "March Road Tonr" workshou
on land ureservation and farmland urotection. suonsored bv the New York State
Deuartment of Al!:riculture and Markets in Riverhead. New York. on March 29. 2006.
Registration, travel, and other related expenses, if any, to be a legal charge to the 2006 Land
Preservation Department budget line A.8710.4.600.200 (meetings and seminars) and 2006
Planning Department budget Line (meetings & seminars)..
."..voteR......a."R<i.Jidlo".~~~
Ii'!
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
,
-,-.-......................... .......--.-.-["
.._~1.~~._~,p~~_.!.~:.,_ ...----Ty9~,i?i..,._. ....___,
William P. Edwards j Voter
.::~~~~!~rf-:)~~~~..:~::,::. ......... :_:_:::r::~~~~d;" - - ,
.._.~!?~.~}:!.~~~_<;:.~~._._ i Voter ...___+
....~~!~a P. Evans l"''iOit'iat~~
Scott R~seli'-''''''''''-'- ...--.---- r"Yat;""" - -- ..~-
",_X~.~.A:Y.~_ ....L
Ii'! !
_._._..._._~.,.._..._...;_.
..........~
......~
.........~.
..........~
No/N Abstain Absent
U 0 0'" ,'" tr'
o --tj...........I....---o"........
'ou Uti" "0"
o ....+-.- .-'"[j............t.-- 0
o .'t.------'[j ---'--0"'--'.'"''
"'0-'" . Ujj"'cf"
..."."."."t
...."...j-"--
,
2006-274
CATEGORY:
DEPARTMENT:
Legjslation
Town Attorney
Authorize and Direct the Town Clerk to Transmit the Proposed Local Law Entitled "Temporary
Moratorium on the Processing, Review OJ, and Making Decisions on Applications for Site Plans and
Special Exception Use Permits for Retail Stores Over 3000 Square Feet In the Town of South old" to the
Southold Town Planning Board and the Suffolk County Department of Planningfor Their
Recommendations and Reports.
RESOLVED that the Town Board of the Town of South old authorizes and directs the Town
Clerk to transmit the urouosed Local Law entitled "Temuorarv Moratorium on the
Processinl!:. Review of. and makinl!: Decisions on auulications for Site Plans and Suecial
Exceution Use Permits for Retail Stores over 3000 SQuare feet in the Town of Southold" to
the Southold Town Planninl!: Board and the Suffolk County Deuartment of Planninl!: for
their recommendations lInd reuorts.
Y"Vote Record -Resolution 1,006..274
Ii'!
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
.~,!.l:?:~~.,.~p~~L!.~:,.". ..Y.2~,~!::.
William P. Edwards Voter
. D'anl'efC':"'Rossn.. .......... ........ - Voter
Thomas H. Wickham "'j 'initIator
-LOuis.a..P'..."E~'ans-nn___'''. ... ...... . .~.~~onder
Scott Russell , Voter
y~_~_~y.~
Ii'!
......~
Ii'!
... .~
~
Ii'!
Absent
O'
. ....0.
b
o
o
. . b
N~[Nl.l.Y.
o
o
o
o
o
.. 0
Abstain
o
tJ
o
.. tJ
o
d
Page 15
March 14,2006
Town of Southold Board Meeting
2006-275
CATEGORY:
DEPARTMENT:
Bid Acceptance
Police Dept
Accept the Bid of Donald Grim for Surplus Equipment - Police
RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Donald
Grim in the amount of$IOI.OO, for the 2000 Ford Crown Victoria, VIN
2F AFP71 WXYX176395, all in accordance with the Town Attorney.
./ Vote _rd. Reoolutio. 2OOIi.275
Ii!
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
,
.__..".."..,.."..,.."..,..,..".._..___._..1-..___.___________"__"__."
._.A..!~~.,~p~.!~U~:..,._._ i Initiator _ ,_____
William P. Edwards ...............r..Seconder....
'.'DilDiel"C":"ioss - - - TVot(;--.----" '-";"
'"niomas"ji'''WickhaOi''-- - - - - rVoter .....-+-
j~)~is'a-P"-Ev~___ .... ............ ..I~S2!.ii .. .........+
Scott Russell i Voter
'.'1 _...N~_(!,!!:'.y.
o
--.--1........."0........
m.. .._.L:~:~::,:~:~:g_
o
o
..... Abstai~._..._~_.
: ""''''''''''"Ef ;
. ...0.........+
..... _..........'jj __n..._...+
n"j" ".".".".."[j" "____".__~-".
.."...".--.......-.--------,--
o
+----0--- ""-T
Absent
tf
o
0""
o
"""0
"". 0
2006-276
CATEGORY:
DEPARTMENT:
Budget Modification
Supervisor
Modify the General Fund Whole Town 2006 Budget
RESOLVED that the Town Board of the Town of South old hereby modifies the General Fund
Whole Town 2006 Budl!.<el as follows:
To:
A.1440.4.600.200
Meetings and Seminars (Engineer)
$383.00
From:
A. I 220.4.600.200
Meetings and Seminars (Supervisor)
$383.00
./ VoteRecq:rd..,ReiolutiQn2006-2i'6
.'.-I.'-.'s~~';~~1";.'. .. .y'~,~~r~ .~~.~,~.Y Abstain Absent
K~p~ki , .....'. ..".". tf 0
'" Adopted Albert k Ii! 0
Edwards Initiator ." ..........0 0 0 0
0 Adopted as Amended William P. ,
". ... ......... ....... . 0 0 .-". 0 [,f
0 Defeated Daniel C Ross Voter ,.,.. ....!
0 ". 0 ." .. 0 .... [,f
Tabled Thomas H. Wickham , Voter , 0
0 ... 0 .. ... is
Withdrawn Louisa p" Evans , Voter '" 0
Russell .... ..... 0 0'.". is ... i'. is n_._'__""'. is
Scott Voter
Page 16
March 14, 2006
Town of Southold Board Mt:eting
2006-277
CATEGORY:
DEPARTMENT:
Attend Seminar
Engineering
Grant Permission to James A. Richter, Engineer to Attend a Seminar Roundabout Design Seminar In
Albany, New York
RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to James
A. Richter. Enl!:ineer to attend a seminar Roundabout Desim Seminar in Albanv. New
York. on April 26-27. 2006. All expenses for registration, travel and lodging (if necessary) to
be a legal charge to the 2006 Engineering budget (meetings and seminars).
.j' Vot.1I....r4 .ll.....l.llon ZOO6-2'17
Ii'!
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
,
,
___._.___.__.__._._................_....................m......
__~.~_~_.~P.~.~.!J~:. ......... ........j Voter
William P. Edwards I Voter
Daniel C. Ross -.----...--...-..-----.T'.I~iti~t~~
Thomas H. Wickham .----......r..V~t;;.-
Louisa P. Evans -.-------..-............1""'..S~~n~i;;
Scott Russell ---...-.-...-.......... .....T'..v~t';;. ...... .._-.
. ... .... _ L___X~~_~X~_ __+
i iii
-r---- ----.-~
......m+........._~
l" --~
o
. Ii'!
NolNa A.~.~.!.~.~!!..,._..,~_._._.~.~_~~!1_t___"
.....0 0 0
"..".'...0'.' ........ ............0 ".".:...~t""- -0----...
ui::j' 0 ,jj-
----...er.......- ..........0- ."......or.o ."."."tf"
.'-"'cr 0 ...."..."."."0
'.'0 -......... ............tj ...........+ "'"'"'""jj"--
2006-278
CATEGORY:
DEPARTMENT:
Tax Certiorari Settlement
Town Attorney
Authorize Special Counsel f"r the Town to Procure Any Papers Necessary to Effectuate Such Settlements
and Execute the Same
WHEREAS, tax certiorari proceedings were commenced against the Town of Southold by
certain petitioners seeking reductions in the assessment for certain properties for various tax
years as more fully set forth in the attached schedule; and
WHEREAS, the Board of Assessors and their special counsel have recommended settlement of
these proceedings as set forth in the attached schedule; and
WHEREAS, the proposed settlements implementing reductions in assessment appear to be just,
reasonable and in the best interests of the Town of Southold;
Page 17
March 14, 2006
Town of Southold Board Meeting
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of South old
hereby authorizes Special Counsel for the Town to procure anv papers necessarv to
effectuate such settlemellLts and execute the same; and be it further
RESOLVED that the Town Clerk of the Town of Southold be, and hereby is, directed to
forward a copy of this Resolution to the Board of Assessors, the Town Attorney and Scott
DeSimone, Special Counsd.
CASE NAME & TAX MAP NO. TAX YEARS ORIGINAL AN PROPOSED NEW AN
Leon Petroleum, LLC 2002/03 8,800 6,300
1000-115-3-9 2003/04 8,800 6,300
2004/05 8,800 5,300
2005/06 8,800 5,300
Greenporter Motel & Spa 2002/03 1,500 1,500
1001-4-8-29 2003/04 1,500 1,500
2004/05 1,500 1,500
1001-4-8-30 2002/03 2,200 2,200
2003/04 2,200 2,200
2004/05 2,200 2,200
1001-4-8-31 2002/03 27,600 16,000
2003/04 27,600 16,000
2004/05 27,600 16,000
CASE NAME & TAX MAP NO. TAX YEARS ORIGINAL AN PROPOSED NEW AN
North Fork Bank
1000-141-4-6.1,2 & 3
1000-141-3-30
2002/0~ 51,540 39,540
2003/04 51,540 38,540
2004/05 51,540 36,540
2005/06 51,540 33,540
2002/03 21,625 16,875
2003/04 21,625 16,625
2004/05 21,625 15,125
2005/06 21,625 14,125
2002/03 72,471 62,471
North Fork Bank
1001-4-10-10.1
North Fork Bank
Page 18
March 14, 2006
Town of Southo1d Board Mt,eting
1000-61-2-12.2
North Fork Bank
1000-102-6-13 .1
./ Vole R...rd - R....I.lio. 2006-:178
It!
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
2003/04 72,471 57,471
2004/05 72,471 52,471
2005/06 72,471 49,471
2004/05 14,425 13,000
2005/06 14,425 12,000
Y esl A ,_~__.l"_"~~~!.r ."_~_"___~~_~!'!_!~___"__L____~_~~_~!':~___"
i 0 i 0 1 0
......-cf.--.- .-r-.__m.__iJ....--....-....T-.--....-trm...._....
-----tr- -----r --'[j"""-------T"--------tr------
00"0--
o 0 0
........_..~........-_.+.----.--D --- -t ---- Ef "Cr--
"..~!~~.,!.IJ:lp.~!.c.u!.:..,._._..,._ i Voter
_._Y!i.U.~~.~._~.:._~_~~~.~,.._ :::~::L:S~_Q!~'
...Q~.~.~J.,.g:_.~.'?~~...._._._._.,.. ..._.........I.,...Y.~~~.-
...Th'?~~.~}i:._~!.~~~m I Seconder._........~.,.
Louisa P. Evans .................-r."iIiiiiator
Scott Russell .................m....... .'"t'''Vot';'
2006-279
CATEGORY:
DEPARTMENT:
Retain Special Counsel
Litigation
Town Attorney
RESOLVED that the Town Board of the Town of Southold hereby retains Frank A. Isler. ESQ.
as Soecia1 Counsel in th4~ matter of Villaee of Greenoort and !(ACE LI. LLC v. Town of
Southo1d. et al.
ii'VoteReeOrd -ResOlution 201)6.;.2'"
It!
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
..........._.__ ......................_.. "_..x.~A:Y..~..,_"_L. _~"~IN"!.y ._
~lll~Itl<1-ttps1<i,Jr",. Voter... It! . []".
...~!.!~.~~_~..~.:_.~~~~~....,.".".......".".".L.,Yg!,~..... ::::: ::::~ ............,t 0
Daniel C. Ross ............. ..... ......J.,..y.?"!,~..,.. l:I:.I.n ......0
Thomas H. Wickham Initiator .........~. ..........0' ... ......j .... .....0....... ...,....
Loui~~"P:'E~~~"""""""'" ........T 'S;;;~~d~ ",.. ....."r~j" ",..""" ...mO
Scott Russell rVoter ---- ----- --0 .- 0
Abstain
"0
..............[j'...........f....
................-.-..-...........
o
.......0........
.......0.........
o
Absent
0--'
b
b
b
b
b
2006-280
CATEGORY:
DEPARTMENT:
Authorize to Bid
Highway Department
Reject All Bids for Sand for Highway and Re-advertise for Same
Page 19
March 14,2006
Town of Southo1d Board Me:eting
RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids
received for the supplvinl! of Bulk Sand for Ice Control and Hiehwav Maintenance for the
Hiehwav Department fOlr the 2006 calendar year and be it further
RESOLVED that the Town Clerk is hereby authorized and directed to re-bid for the
supplvinl! of Bulk Sand for Ice Control and Hil!hwav Maintenance for the Hil!hwav
Department for the 2006 calendar year.
Vote Record. Resolution 200.2811
'"
D
D
D
D
Adopted
Adopted as Amended
Defeated
Tabled
Withdmwn
,
,
_.._._............_....................................................'....n."__'_"n_
...~,~.1?:.~..~E~.~.U.~:_. _ _ _ _ _--1 Initiator
William P. Edwards ' Voter
~::~~~I:g~::~~i~:::::::::::~ :'::~::::':~:::[y~~~~ i
Thomas H. Wickham i Voter
.................................. -- tn.._.__.......................
Louisa P. Evans i Seconder
"'Scort"Rwseli""'.'.'. rVot
y es/ ~):~ ....j..,..,J~~~~.~y. '-'-~!?Et~-I! -, --f-- --'~'~d~~.L..
............... -I ..._m.'
. OIJ:-:O-
............."....0 t-. 0 5 "'"cf"""."'"
. . '.'cf"n....__.t .. .... - jj _..._"..."."m.. '""'"[j""."".""
"0" DO
'.'.'..Ef'-"- -j-"-----""Ef ...........0............
2006-281
CATEGORY:
DEPARTMENT:
Seqra
Town Attorney
Declare the Moratorium Extension an Additional Ninety Day Extension of the 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 South old to be a Type II Action
Under SEQRA
RESOLVED that the Town Board ofthe Town of South old hereby finds that the adoDtion of the local
law entitled "An Additional Ninety dav Extension of the TemDorarv Moratorium on the Processin!!.
Review of. and maIdn!! Dedsions on aDDlications for Site Plans and SDecial ExceDtion Use Permits
for Retail Stores over 3000 SQuare feet in the Town of Southold" is classified as a TVDe II Action
Dursuant to SEORA Rules and Re!!ulations, 6 NYCRR Section 617.5, and is not subject to review
under SEQRA.
y Vote Record - Resql..Uon 2006-281
; ..y.~.~.~Y.~ _N~!.N_~y Abstain Absent
'" Adopted ::'::A)~~~::K~p~:~:L!~:-- Seconder '" 0 0 ..........0"
; , ..... .".
D Adopted as Amended William P. Edwards Initiator '" D 0 D
0 Defeated ....D~;;.i~l-c-:--Ross- .-................;.".. i~( ..-. .... ...0 .".0
Voter
0 Tabled Thomas H. .-... ...... , .. 0 0 0 j 0
Wickham Voter
D Withdrawn ....~!:!-isa P. Evans Voter ......"" 0 D D ; D
Scott Russell ......-......... '" 0 0 j D
Voter
Page 20
March 14, 2006
Town of Southo1d Board Meeting
2006-282
CATEGORY:
DEPARTMENT:
RetirementJResignation
Human Resource Center
Accept the Resignation of Jean Rocco From the Position of Part Time Food Service Worker In the Human
Resource Department
RESOLVED that the Town Board of the Town of South old hereby acceDts the resimation of
Jean Rocco from the Dosition of Part Time Food Service Worker in the Human Resource
DeDartment, effective February 27,2006.
,(V.!<Re",.a!';:R"...I.dO..~:lB2'<>" ''07 . '.
""
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
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2006-283
CATEGORY:
DEPARTMENT:
Budget Modification
Police Dept
Modify the 2006 General Fund Whole Town Budget - Police Department
RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General
Fund Whole Town budl!d as follows:
From:
A.3 130.2.300. I 00
Automobiles/Light Trucks
$1l41.08
To:
A.3l30.2.500.200
Radio Equipment
$1l41.08
,( Vote Reeord - Resolution 201)6..283
_X~.~~Y.~ ..N~I..N_~Y_n_J... Abstain Absent
:AI~~~::g~P~.~!...!.~: .... d ....... 0
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c..... 0 .--... .;". d 0
0 Adopted as Amended .~i_n~f.I.~..P.:.._I;:~.~~~~~. Voter , 0
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0 Tabled - ...". "" .m. 0 .. 0 .m. ..... 0
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Scott Russell . Voter ""
Page 21
March 14, 2006
Town of Southold Board Meeting
2006-284
CATEGORY:
DEPARTMENT:
Misc. Public Hearing
Town Attorney
Set the 28Th Day of March, 2006, At 5:00 PM., Southo/d Town Hall As the Time and Place to Hold a
Public Hearing on the Application of CDCLI Housing Development Corporation for Transfer of Sanitary
Flow Credits
RESOLVED that the Town Board of the TOwn of South old will hold a public hearinl! on the
application of CDCLI Housinl! Development Corporation for transfer of Sanitary Flow
Credits at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 28th dav
of March. 2006. at 5:00 l~.m., at which time all interested persons will be given an opportunity
to be heard. The applicant has requested the transfer of 12 Sanitary Flow Credits in order to
allow for the construction oftwenty-four (24) affordable housing units at 895 Factory Avenue,
Mattituck, New York 11952.
y'Vote R.eC9r4-Re.1J1t1ti~Q~~~i4 ",
y~.~~y.,~. N~!.N.!!Y Abstain , Absent
... ... ...... .,.... ,--"-- ... D i.. D
Ii! Adopted ...~.~~.~~..~p~.I9.,.!.~:.."." Voter Ii! 0
,. ,_n ... 0 ....... .. is D ...........i ........is
0 Adopted as Amended William P. Edwards , Seconder ..........i
0 Defeated Daniel .-.....-.-....... .. ..... ... ..... .....,. ... ... 0 is ........is. ... D
c. Ross Voter
0 Tabled Thomas H. Wickham .............. Ii! is ... . 'is D
Initiator
0 Withdrawn ........................ . .................................. .. 0 ....,....... ..... '''is D
Louisa P. Evans ! Voter 0 ,
..."........................ ..... ... ... ............ ... rvoier .-...-.-.. ....... .... .. .... b .. is- ........ ........ D
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2006-285
CATEGORY:
DEPARTMENT:
Local Law Public Hearing
Town Attorney
Set the 28Th of March, 2006 At 5:05 Pm, Southo/d Town Hall As the Time and Place Public Hearing
Notice on a Proposed Local Law Entitled "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
County, New York, on th,~ 14th day of March, 2006 a Local Law entitled "A Local Law in
relation to Amendments to Uses Within the Hamlet Density Residential District" now
therefor be it
Page 22
March 14, 2006
Town of Southold Board Meeting
RESOLVED that the Town Board of the Town of Southold will hold a public hearinl! on the
aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York.
on the 28th day of March. 2006 at 5:05 p.m. at which time all interested persons will be given
an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to Amendments to Uses Within
the Hamlet Density Residential District" reads as follows:
LOCAL LAW NO. 2006
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:
1. 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 phm 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 pt:rmit 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 ofthe, Code of the Town of Southold is hereby amended as follows:
S 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. subiect to residential site plan approval for more than
one such structure per lot.
(2) Two-family dwellings. subiect to residential site plan approval for more than one such
structure per lot.
Page 23
March 14,2006
Town of Southold Board Meeting
(3) Multiple dwellings. townhouses. row or attached dwellings, subiect to residential site
plan approval.
(4) Continuing car,c 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:
(I) Multiple l!-::ellings, lo'::nHou38s, row or attaehed Houses.
ill Accessory apartments in single-family residences as set forth in and regulated by 9
100-31 B(13) of the Agricultural-Conservation District.
ill Bed-and-breakfast uses as set forth in and regulated by 9 I 00-3IB(14), without site
plan approval.EN
ill Health care facilities. [Added 11-12-1996 by L.L. No. 20-1996]
Ill. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdietion 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
bylaw.
-/VoteRecord& ResolutiOn~;.28~r:.
1<1 Adopted
o Adopted as Amended
o Defeated
D Tabled
o Withdrawn
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Thomas H. wick~.__.:::::,::,::,::,1,..~.~_9~~,~.r ........____ -- --0 .....
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2006-286
CATEGORY:
DEPARTMENT:
Public Service
Town Clerk
Adopt an Updated Mission Statement for the Conservation Advisory Committee
Page 24
March 14, 2006
Town of South01d Board Meeting
RESOLVED that the Town Board of the Town of Southold hereby adopts the followinl!:
mission statement of the Conservation Advisorv Committee to update the mission
statement adopted on Mav 6. 1969:
1. Receive formal directions from the Town Board as to its priorities in the promotion
and development of the town's natural resources.
2. Review and assess the town's natural resources and land, and index the results (by
villages and hamkts) in a manner, possibly a grid system, that will allow instant
comprehension of the impact of permitting decisions with particular attention to wetlands
and storm water nmoff.
3. Publish maps that highlight these resources, their present and planned use, their
significance relative to the environment and their needs for protection, improvement
or better utilization.
4. Submit reports to the Town Board periodically as to activities of the CAC, the
condition of the town's resource, highlight any changes - improvements or
degradation (including actions taken outside of these areas which have effected their
status, i.e.: Development of upland areas, woodlots - old growth and young, and
paving outside of the wetlands with associated runoff and ground water impact.) This
will allow the Town Board monitor the wetlands' condition and status through the
CAC to ensure that the codes are being carried out in both letter and spirit.
5. Analyze and report to the Town Board the number, location and impact of approved
development permits.
6. Assist the Town Board by reporting on the efforts of all non-official groups that are
endeavoring to support the Town's conservation program.
7. Continue to inspect properties where a wetlands permit is requested, comment on
conservation conc,erns and make recommendations to the Trustees to supplement their
decisions.
8. Review the new mooring codes and propose methods for management and
enforcement.
'" Vote Record - Resolution 2006-21:6
.. , Y~_~_A.Y.~ _N:~tN_~)' - Abstain Absent
Ii'! Adopted ...A.n'.~.~.,~p.~J9}~: Voter Ii'! 0 , 0 0
iil ,-.-.. .. . ... "0 0 ... ... .... 0
0 Adopted "' Amended William P. Edwards Initiator
0 Defeated Daniel - iil ...................0 .,--- ..... ..-......... ... ... ., ..... 0
C. Ross 0
0 Tabled Thomas H. Wickham Voter Ii'! .... 0 0 ... '. .... 0
0 Withdrawn Louisa P. Evans ......... iil . 0 0 0
Voter
Scott Russell ........-. ... iil ... 0 '0 .'. .. 0
Voter
Page 25
March 14, 2006
Town of Southold Board Me:eting
SUPERVISOR RUSSELL: As a point of information, on the CDC application, for the
affordable housing community in Mattituck. We have the SEQRA was completed today. We
are going to remain, we are going to keep the hearing open for written comments in response to
the SEQRA that was done:, copies are available if you need one. They should be outside or you
can see me. We will be dosing the hearing at 4:00, Friday, March 24, 2006. Would anybody
like to address the Town Board in the four minutes we have before the public hearing? Mr.
Corwin.
DAVID CORWIN: My name is David Corwin, I live in Greenport. I want to address my second
least favorite subject. Motorcycles with straight pipes. As I have indicated before, straight pipes
are illegal. Despite all those lives they have saved, they are a blight. To be fair, the Southold
Town police made at le:ast two attempts at enforcement last year. Their attempts were
inadequate. There attempts mumed the bikes on one weekend, Father's Day. A cynic would
point out that they did unlock over 600 cars with keys locked inside. The unseasonable weather
has these abominable machines on the road already. I reiterate, straight pipes are illegal.
Drinking beer or wine at a bar or winery and then driving is illegal. The supervisor is correct
when he says not all people will stand in this spotlight and voice their complaints. I am not the
only one that finds this blight of straight pipes unacceptable. Each time one of these outlaws
goes by, I lose a quantunl of my mental health. I don't want to end up on the front page of
Newsday. What are you going to do about this issue? If the answer is go pound rocks, Corwin,
please say it. I will look for another domicile and rent my house to migrant workers. They
won't like the noise any better than I do but they won't come up here and complain. Thank you.
SUPERVISOR RUSSELL: Thank you, Dave.
NICHOLAS TSOUNIS: Nicholas Tsounis of Mattituck, New York. Just wanted to bring to
everyone's attention that a very famous man in Suffolk County has been (inaudible) and died a
couple of days ago, his name is Dominic Baranello. And he has been an influential part of
Suffolk for many years. Number two I would like to say I am glad I have met him (inaudible) it
was a great honor, when I was a kid he was one of my heroes when I grew up here in Southold
Town when I was here a lot. So I am glad that he was my hero. NUlllber two I would like to say
(inaudible) and all I can say is god be with him, he was a good man.
SUPERVISOR RUSSELL: Well said. Would anybody else like to address the Board? Mr.
Papish.
MR. PAPISH: I don't know if you got talking about the housing thing but there is a nice piece
of property down there in Mattituck. I don't know if you guys might like to playa little game
but there is seven acres or so that is a lot better than the one on Factory A venue. I have been
living in Mattituck since the 50's and I used to own that piece ofland when we had potatoes and
now they built houses (inaudible). I called the guy up and I talked to him one day, I think the
Town ought to look into it.
SUPERVISOR RUSSELL: I appreciate your comments...
Page 26
March 14, 2006
Town of Southold Board Meeting
MR. P APISH: I think so. It would be a lot nicer than where you think you are going.
SUPERVISOR RUSSELL: Certainly site location is an important part of the affordable housing
program and we have a housing authority that would probably love to take any suggestion that
comes forward. I promise you, they would be all ears when it comes to a suggestion for site
location.
TOWN CLERK NEVILLE: Can't hear him in the mike.
SUPERVISOR RUSSELL: I am sorry, Mr. Papish. Actually no one can hear you because you
haven't used the microphone. I heard you...
TOWN CLERK NEVILLE: For transcribing purposes, you are not going into the machine.
SUPERVISOR RUSSELL: The parcel that you mentioned is something that the housing
authority would probably ]love to evaluate.
MR. P APISH: I don't know what they want for it, I didn't ask him.
SUPERVISOR RUSSELL: Okay. Well, that is certainly something they should be alerted to.
MR. P APISH: But I know it is no good to anybody because the road has to be cut in.
SUPERVISOR RUSSELL: Well, then that would make it a hard spot for affordable housing as
well but it is certainly something that could be looked at. Would anybody else like to address the
Board? Weare running late for a public hearing.
2006-288
CATEGORY:
DEPARTMENT:
Recess to Public Hearing
Town Clerk
Recess to Public Hearing
RESOLVED that this meeting ofthe Southold Town Board be and herebv is declared
Recessed in order to hold! a Dublic hearinl!
;,/ Vote Record -ltesplution 200&.:28!:
1<1
o
o
o
o
Adopted
Adopted as Amended
Defeated
Tabled
Withdrawn
t......
.,~,~.~~.,.~~.P.~_~_J~:".". i Voter
William P. Edwards i Voter
:-P:~Q~~LC. Ross ,_, Y()ter
Thomas H. Wickh~~.... ... ;" "S'ec'o~d'~~
Louisa P. Evans i Initiator
Scott Russell ; Voter
.X~.~/.~y',I?
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tJ
Page 27
March 14, 2006
Town of Southold Board Meeting
Public Hearinl!s
Public Hearing #1
8:00 P.M. - A PUBLIC HEARING ON THE PROPOSED LOCAL LAW ENTITLED, "AN ADDITIONAL
NINETY DAY EXTENSION OF THE 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"
COUNCILMAN WICKHAM: WHEREAS there has been presented to the Town Board of the
Town of South old, Suffolk County, New York, on the 28th day of February, 2006, a Local Law
entitled, "An Additional Ninety dav Extension of the Temporarv Moratorium on the
Processinl!. Review of. and makinl! 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 Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the
14th day of March at 8:00 p.m. at which time all interested persons will be given ao opportunity
to be heard.
The proposed local law entitled, "An Additional Ninety dav Extension of the Temporarv
Moratorium on the PrOl:essinl!. Review of. and makinl! Decisions on applications for Site
Plans and Special Excell,tion Use Permits for Retail Stores over 3000 square feet in the
Town of South old" reads as follows:
LOCAL LAW NO. 2006
An Additional Ninety Day Extension of the Temporary Moratorium on the Processing,
Review of, aod making Decisions on applications for Site Plaos aod 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 South old as follows:
Section I. PURPOSE AND INTENT
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 aod proposed
applications for development of retail, formula, aod "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 aod large-scale businesses
that have been and will, in the near future, be proposed.
The size aod population of the Town, the scale of its existing buildings, the traffic aod
traosportation issues facing the hamlets, and the long-raoge goals of the Town (as set forth in the
Page 28
March 14, 2006
Town of Southold Board Mt,eting
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, Planning
Department and Town Attorney Department have been working hard since the enactment of the
original moratorium in October 2005 to review 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 held a hearing on proposed legislation on December 14, 2005, at which time
valuable public comment:; were received. The Town Board has reviewed the public input, held
work session meetings and Code Committee meetings and revised the proposed legislation to
better serve the needs of the community. Further, on January I, 2006 a new Town Supervisor
and one new Councilperson took office, and have provided input into the crafting of legislation.
On February 28, 2006, thll Planning Department provided the Town Board with a draft of design
standards to be incorporated into the proposed law. The Town Board needs time to review and
provide comments on this draft, and share the document with the Planning Board and
Architectural Review Committee. The Town Board finds that it is reasonable and in the public
interest to further 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, the extension of 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:
I) 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 S 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 in effect. All terms used in
this Local Law are as defined in SIOO-13 of the Code of the Town of South old.
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 S
274-b and Chapter 100 of the Southold Town Code, including without
Page 29
March 14, 2006
Town of Southold Board Meeting
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 9100-13 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 South old.
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 or restaurants, 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 or restaurant 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 Munidpal Home Rule Law 9 1O(l)(ii)(d)(3); 9 IO(l)(ii)(a)(I4) and 9 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 9 274-a, 9274-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 imd 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. 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
Page 30
March 14,2006
Town of Southold Board Meeting
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 ofthe 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 ofthis Local Law. The
application and recommendation shall be transmitted to the Town Board. The Town Board may
conduct a public hearing lmd make a final decision on the application, with or without
conditions. Final approval is reserved to the absolute legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any
court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law
as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect on April I , 2006, after filing with the Secretary of State.
I have a communication here from the Suffolk County Department of Planning. The Planning
Commission, 'pursuant to section Al42l of the Suffolk County administrative code, the
Planning Commission has notified the neighboring towns and villages concerning this and
having received no adverse response, the Commission will take no further action.' I have a
memorandum from the Planning Board, Jerilyn B. Woodhouse, the chair. 'As requested, the
Planning Board has prepared those comments in reference to the above captioned local law. The
Planning Board supports extending the moratorium for the following reason, additional time is
needed to make certain that the proposed legislation and the accompanying code changes will
accomplish the Town's goal oflimiting the size of retail buildings in the HB and B zones, while
at the same time promoting economic growth within our local business communities.' I have a
notice that this has been published in the Suffolk Times as a legal and it has also appeared
outside on the Town Clerk's bulletin board. And I believe those are the only communications I
have today.
TOWN ATTORNEY FINNEGAN: I also had a conversation with Suffolk County Planning.
They indicated that they would be sending over a letter as they did with the previous extension
saying that this is a matter for local determination. We didn't receive the letter this afternoon but
Page 31
March 14, 2006
Town of Southold Board Meeting
when we receive the letter we will include it in the record but that is what they had indicated
when we initially enacted the moratorium and when we extended it the first time. So it would be
the same.
SUPERVISOR RUSSELL: As a point of clarification, the moratorium extension affects no
application currently pending but for one in Southold. So, I don't think we are, I actually
advocated for the extension of the moratorium because we still have a little bit more work on the
box store legislation and s,eeing that it didn't impose on anybodies right to pursue their dream on
their property, I though it was a good thing. Would anybody like to address the Board on the
issue of the moratorium extension? (No response) We will close the hearing.
~ Vole Reeord -PubU. Hearl'" #1
o Adjourned
iii Closed
... .........
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2006-287
CATEGORY:
DEPARTMENT:
Enact Local Law
Town Clerk
Enact the Local Law Entitled, "An Additional Ninety Day Extension of the 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 South old
WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New
Yark, on the 28th day of February, 2006, a Local Law entitled, "An Additional Ninety day Extension of
the Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Site
Plans and Special Exception Use Pennits for Retail Stores over 3000 square feet in the Town of
Southold": and
WHEREAS that the Town Board of the Town of South old held a public hearing on the aforesaid Local
Law at which time all interested persons were given an opportunity to be heard, now therefor be it
RESOLVED that the Town Board of the Town of South old hereby ENACTS the local law entitled, "An
Additional Ninety dav Ext<,nsion of the TemDorarv Moratorium on the Processin!!. Review of. and
Page 32
March 14, 2006
Town of Southold Board Meeting
makin!! Decisions on applications for Site Plans and Special Exception Use Permits for Retail Stores
over 3000 SQuare feet in thl' Town of Southold" reads as folJows:
LOCAL LAW NO. ..i.. of 2006
An Additional Ninety Day Extension of the 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 South old as folJows:
Section I. PURPOSE AND INTENT
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, fOffilUla, 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 O1:her 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, Planning Department and Town
Attorney Department have been working hard since the enactment of the original moratorium in October
2005 to review 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 held a hearing on proposed
legislation on December 14, 2005, at which time valuable public comments were received. The Town
Board has reviewed the public input, held work session meetings and Code Committee meetings and
revised the proposed legislatilon to better serve the needs of the community. Further, on January I, 2006 a
new Town Supervisor and one new Councilperson took office, and have provided input into the crafting
of legislation. On February 28, 2006, the Planning Department provided the Town Board with a draft of
design standards to be incorporated into the proposed law. The Town Board needs time to review and
provide comments on this draft, and share the document with the Planning Board and Architectural
Page 33
March 14, 2006
Town of Southold Board Meeting
Review Committee. The Town Board finds that it is reasonable and in the public interest to further
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 stacted above and to permit the Town Board to decide on and enact needed
legislation, the extension of 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:
3) the Plamting 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 subntitted 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 lintitation, 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
in effect. All terms used in this Local Law are as defined in ~ 100-13 of the Code of the
Town of Southold.
4) 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
subntitted 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, ineluding 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 perntits 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
Page 34
March 14, 2006
Town of Southold Board Meeting
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:
5) Site plans for which final or conditional final approval was granted by the Planning Board
prior to the effe<:tive date of this local law;
6) Additions to existing retail stores or restaurants, 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 or restaurant does not include a drive-through component;
7) Wineries;
8) 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
Municipal Home Rule Law ~ 1O(1)(ii)(d)(3); ~ 1O(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 {l 274-a, {l274-b and the provisions and
requirements set forth in Chapter IOO 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. To grant such request, the Town Board must find that a
Page 35
March 14, 2006
Town of Southold Board Meeting
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 ($250.00) dollars for the processing of such application, along with copies of
the site development plan and any related information required in accordance with the procedures set
forth in Chapter 100 ofthe Southold Town Code.
c. All such applications shall, within five (5) days of filing with the Town Clerk be referred
to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to
approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall
be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final
decision on the application, with or without conditions. Final approval is reserved to the absolute
legislative discretion of the Town Board
Section 7. SEVERABILITY
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of
competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or
any part thereof other than the part so decided to be unconstitutional or invalid.
Section 8. EFFECTIVE DATE
This Local Law shall take effect on April I, 2006, after filing with the Secretary of State.
-/ Vote ~cord ~Re$ollition2006~211'
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Page 36
March 14, 2006
Town of Southold Board Meeting
SUPERVISOR RUSSELL: Any other business before the Board? Would anybody else like to
speak on any other topic of mutual interest?
LESLIE WEISMAN: Good evening, my name is Leslie Weisman, I reside in Southold and I
attended the Town Board's work session this moming where there was considerable discussion
about the design and the cost overruns of the animal shelter that is currently being proposed.
And as many of you may know, I am a professor of architecture, so it won't come as any surprise
that I have been for 35 years an advocate about good buildings and the qualities that they can
bring to enhancing human life and environmental sustainability. I first want to thank
Councilman Wickham and Edwards for their leadership role in actually bringing us to a point
where a design team, a very highly accomplished design team AB Studios and an engineering
firm, have produced what is in my estimation a not extravagant but very well-designed piece of
architecture, that will not only do justice to the comfort of the animals but will also do justice to
the incredible work that the North Fork Animal Welfare League, its staff and its many volunteers
have done to compassionately support animal welfare on the North Fork. I understand that there
are considerable cost OVI~rrunS and that is a problem but I don't believe that compromising
excellent design is a viable strategy. Why? Because I think that good design is worth investing
in. Let me give you just one very small example between the difference of good design, that is
not more expensive and just a roof over your head. The goal here is not to warehouse animals or
to create an insufferable environment for staff that works for very little pay, mostly volunteers;
but rather to create an affii~nity for our community that we can all be proud of and why do I think
it is worth investing in? One small example of countless that I can tell you in this particular
design solution, if you look at the way in which the doors are offset on the indoor and outdoor
kennels, that costs no more or less to put it here or put it there but what it does do is it allows the
animals themselves to control their own environment. It allows them to choose whether or not
they want to get out of a draft, whether they want to go outside where it is breezy, whether they
want to be in the sun or in the shade. Now this may sound trivial to some of you who don't
really care very deeply about the quality of life for animals but I would maintain that that
building also enhances th~ quality of life for people. And that it is the very kind of architecture
we want to support in this community. Why invest in adequate and mediocre design when we
can have excellent design. Design that uses lighting strategies to conserve energy and so on.
What I really want to do is ask a question tonight. And it is as follows: I understand and
acknowledge the fine work that the Raynor Foundation has been doing for quite sometime in
financially supporting this important endeavor. There are many people like me on the North
Fork who have been longtime supporting of the League and of animal welfare. I know many of
them personally, I know some of you must also. And I have been talking to a lot of them and
many of us are very committed to doing whatever we can as individuals who live in Southold
Town to create financial support for those overruns. And I would like to ask, in fact, I would
like to as Councilman Wickham in his leadership role in this endeavor; what can be done to set
up a town fund, a Southold Town fund, an independent fund; where those of us who wish to
fundraise and make contributions towards can do so in ways that we are assured that 100 percent
of all the donations that are raised and monies that are put in that fund will go toward the
construction costs of the animal shelter?
Page 37
March 14, 2006
Town of Southo1d Board Meeting
COUNCILMAN WICKHAM: Well, actually we have a mechanism in place exactly designed
for the purposes that you described. Before I go into it, let me just outline a little bit about the
numbers that we talked about this morning so you will have an appreciation of the figures we are
actually looking for and the critical role that private fundraising is going to play in this building.
To do that, I need to outline what the costs of this project are. Sometime last year, we prepared
the design that you spoke about, we had a very highly qualified team of engineers and architects
who did it and we had tht: approval of the Town Board to seek bids on that design. We opened
the bids just over two wel~ks ago and found that they came in at a total of just over $3,000,000.
In addition, there are soml~ additional costs that weren't in the bids. Costs like preparing the site.
A contingency figure and all of this that added it up higher still. We did not bond that much
money. We bonded $2.6 million back last year and added to that is $240,000 of privately raised
money in a trust account held by the Town. This is a trust account with the monies earmarked
specifically for use in constructing an animal shelter. And those $240,000 are still there and
ready to be used on that project. They can be added to the bond. In the last two days, the
engineers, architects and the Town Board, this morning and yesterday, spent a great deal of time
trying to pare down, trying to squeeze out any possibility of savings in that building, so that it
won't be quite as expensive and with some rather creative thinking, I think we have come up
with ways to save about half of what you called an overmn. I don't call it an overrun because we
haven't actually embarked on the project but an overage, a deficit. We have cut that down to
about half. But we still are lacking $450,000 to launch this project. $450,000 is the gap between
what we currently have ,md what we need in order to sign the contracts and get this building
started. Today we discussed that as a Board and I will just outline the three consensus points that
emerged from that discussion that you referred to this morning. The first is that the Board
believes that building the building that has been designed maybe, not maybe, with one more look
for possible squeezing oult of further savings, that is the building we should build because it is an
excellent design and because any significant redesign would almost certainly result in delays and
a more costly building. So there is a consensus on the Board to move ahead with that design.
Secondly, there is a consensus on the Board to keep Town spending through the bond at $2.6
million. I think almost all of on the Board, all of us on the Board feel a responsibility to protect
the taxpayers. And the 2.6 that we approved last year, none of us, at least at this time, is
prepared to increase that in view of the impact on the taxpayer. And number three, there is a
consensus on the Board to energize a fundraising campaign, along the lines that you described,
that we and the Raynor Foundation have prepared for so as to enable the construction to start
within the next 90 days. Why 90 days? Ninety days is critical because the bid estimates that we
got when we opened the bids are valid for 90 days, after that, all bets are off. They could raise
their bids or they won't be committed to what they have agreed to. So it is essential that we pull
this together and find $450,000 from private sources essentially within 90 days. That is a tall
order. It is a tremendous challenge but I think it is one that the community can respond to. You
asked about the mechanism. About four years ago, the Town of Southold signed a memorandum
of agreement with the EHiot Raynor Foundation, that the Foundation would be the fundraising
arm for private donations to make possible the construction of this shelter. I am pleased that Ken
Morrelly and his wife are in the back. Mr. Morrelly is the chair of that foundation and just
before the meeting he spoke to me asking if we could set up a meeting early next week to
develop the modalities and the specifics ofthat campaign. He can explain much better than I can
about how to run an effective campaign to raise that kind of money.
Page 38
March 14, 2006
Town of Southold Board Meeting
,
UNIDENTIFIED: Can I ask one question?
COUNCILMAN WICKHAM: Let me just say one finaL..
UNIDENTIFIED: How much is the square footage of this thing?
COUNCILMAN WICKHAM: 9,600 square feet.
UNIDENTIFIED: How big is that?
COUNCILMAN WICKHAM: It is almost 10,000.
UNIDENTIFIED: Inaudible
COUNCILMAN WICKHAM: Yes, not quite. So what I wanted to say in conclusion, that
anyone wishing to support this project and there will be an opportunity for it is welcome to
contact Mr. Morrelly, anyone of us on the Board or Scott, if you are willing to have the
Supervisor's office be a point of communication, where people who have an interest in it can
come together and I think you will be seeing in the papers and in the media in the future, some
expression of this campaign that we hope will enable the construction of a really good facility.
One that will stand the test of time, that we can be proud of, that will do justice not only to the
animals but to the adoption of those animals into homes in this community and we can get
started this summer. Thank you.
SUPERVISOR RUSSELL: We had a very long discussion on the animal shelter today and a
somewhat heated but I think overall productive discussion on the animal shelter today. And as a
point of clarification, there has to be absolute candor in every step in the governmental process. I
didn't sense the candor coming out oflast fall on the budget estimates at 2.6 and we undershot it
by one million dollars. That is a significant amount of money on a project of that size. I talked
to the Town Engineer back, shortly after I won the election as part of my transition and he had
estimated out for me what he estimated the bidding to come in at and he was pretty close to the
money. I know he talked to some of the Town Board members here, back when they were
estimating the budget costs and they got nervous at that $3,000,000 mark and they wanted to reel
it back because it was more or less a psychological threshold that they didn't want to pass. The
reality is, we had plenty of talent around that table, we should have been able to price out with
more accuracy and the costs of bids that came back weren't, I think, necessarily a function of
market pressure on the cost of materials because just a few weeks ago we had a Suffolk Times
article and Councilman Wickham had expressed relief that the bids didn't come in higher than
they did. So I sense that there was at least an indication that this was going to come in
considerably higher than what the previous Town Board talked about. Our challenge as a Board
now is to close a million dollar gap any way we can. I think that is what the taxpayers expect of
us. They had already absorbed a rather substantial price for an animal shelter for a small
community at 2.6. They responded, they are a generous people who want this shelter built. That
is where our challenge is as a Town Board, where we need to step up and find that savings.
Page 39
March 14,2006
Town of Southold Board Meeting
COUNCILMAN WICKHAM: Scott, I agree with that but don't leave the impression that we are
short $1,000,000.
SUPERVISOR RUSSELL: Okay, I am sorry. Initially short $1,000,000 because the budgeting,
the bids came in all total with in-house about $3.6 million plus another $100,000 for engineering
fees but we worked considerably over the past few days to shave off a substantial portion of that.
We are about halfway there, a little bit more than halfway there, we still have a ways to go.
MS. WEISMAN: Yeah, so it is $450,000.
JUSTICE EVANS: It is $450,000 to make it work. It would be great to get more money and be
able to put it back.
COUNCILMAN WICKHAM: And in a short period oftime.
MS. WEISMAN: Of course. And another thing though, that is important to recognize and that
is that this particular design proposed by Studio AB is the only design that was examined that
actually allows the shelter to continue to operate during the construction phase of the new
shelter. That is a huge costs savings that is probably not being considered. So it is complicated,
I realize but what I simply want to affirm that there are many of us here who are prepared to
collaborate with whatever entities, with the Town Board in any way that we can, to produce
something that is worth building and that we can all be, as Tom says proud of. And get the job
done. And put it over there and get on with other Town business. So, I simply want to go on
record and say that I know I am in good company when I say that there are many other people
like me who will participate in your fundraising efforts.
COUNCILMAN WICKHAM: We will be in touch with you.
SUPERVISOR RUSSELL: Would anybody else like to discuss any other issue before the Town
Board or any issue of a general nature? Mrs. Egan.
MS. EGAN: Joan Egan again. Is there any possibility of our getting another code enforcer?
SUPERVISOR RUSSELL: Yes.
MS. EGAN: Wonderful.
SUPERVISOR RUSSELL: Yes. I had a meeting of the various department heads and the town
attorneys a few weeks ago. The whole discussion was focused on code enforcement in Southold
Town or a lack of code enforcement in Southold Town. I don't think the issue is with the code
enforcement officer himself, I happen to think he is a good man, I think the problem is that the
leadership needs to come from the Town Board and that is what we are here for, is to set the
standard on what we an: going to tolerate as code infractions and what we are not going to
tolerate. I made a pretty specific charge to the group that was there, to identify the problems
with the current town code and why we can't enforce it and identify the solutions on how we go
Page 40
March 14, 2006
Town of Southold Board Meeting
about doing that. One of those solutions might be to engage another code enforcement officer of
some type. We actually talked today at the Town Board about hiring a bay constable who would
be assigned at least partially, I would like to see actually all three of them be more focused on
code enforcement for the Trustees who have absolutely no enforcement currently. They actually
control 150 feet up from the shoreline and we don't really have much meaningful upland
enforcement. The constables can come into that equation, I think, as a nice fit. But again, we
have to look at other aspects of the town code, other maybe, a systemic issue as to why or how
we enforce the code curnmtly, which seems to be rather ambiguous to me or not at all. And that
is something that we are going to take seriously.
MS. EGAN: Good. And you and I had also discussed coming from east to west, when you
come in front of San Simeon where that new housing, it is still a 50 mph and they have got run-
off soil there and mud. Bad situation. I don't know whether that is a county road, state road or
both, I don't know how it can get reduced.
SUPERVISOR RUSSELL: State Department of Transportation. I believe. Is it County? Okay.
MS. EGAN: The department of trash.
SUPERVISOR RUSSELL: And thank you for the flower. But I understand I am not allowed to
keep it, I have to give it back to you. Thank you. Would anybody like to address the Town
Board on any issue of mutual interest? (No response) Motion to adjourn?
".Vote Reeord - Moti(tiito Adj..... Town Iloard Me<Ilng ;
Yes/Aye No/Nay Abstain ; Absent
................._.._....u.._.___ .. .. 0 ----"~" 0 .. .......1..............0.......
Albert Krupski Jr. Voter Iil J
Iil ............. ----- --~-~_. ......... n..... .~ - 0 ........... 0 .. ...-....+ ...Cr
Adopted WiIliamP. Edwards Voter
.. ,.n_ 0 ........ m , ............
0 Defeated Daniel C. Ross Voter , .~..... .0 0 0
0 Withdrawn .................................-......--,------.--- ..............."...."..... ... ,..... ~. -~----_. ................ ... 0 jj ---"..
Thomas H. Wickham Seconder 0
..--........................................ tn-- .....~ ........... 0 0 .....", .......................
Louisa P. Evans Initiator 0
................................................-.-,--- ... ......i ......... ..~ , ....."...".. .... .,.. 0
Scott Russell ! Voter 0 , 0
RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:25
P.M.
*
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~s~
Southold Town Clerk
Page 41