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Home My WebLink AboutAG-06/06/2006 ELIZABETH A. 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 AGENDA SOUTHOLD TOWN BOARD June 6, 2006 7:30 PM Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Assistant Town Attorney Kieran Corcoran ??? POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order. Pledge of Allegiance. I. REPORTS 1. Supervisors Monthly Report April 2006 II. COMMUNICATIONS 1. Memorial Day Parade Jean Vazquez III. PUBLIC NOTICES 1. Renewal of NYS Liquor License The Country Store, 930 Village Lane, Orient Southold Town Meeting Agenda - June 6, 2006 Page 2 2. Farm Winery License Application Bedell North Fork, LLC 3. Notice of Intent to File for a NYS Retail Liquor License Rinconcito Hispano Restaurant at 127 Adams Street, Greenport IV. DISCUSSION 1. 9:00 A.M. Fishers Island Pump Out Boat Jim McMahon 2. Trailer Permit Martin Sidor 3. 10:00 A.M. North Fork Trolley Tom Ingald 4. 10:30 A.M Love Lane Closing Mattituck Chamber of Commerce Dominico Mautarelli 5. 11:00 A.M. Zoning Issue Pat Kaelin 6. 11:30 A.M. Cross Sound Ferry Impact Study Steve Schneider 7. P/T Employee - Assessors Office Bob Scott 8. Scavenger Waste Facility 9. Groundskeeper II Jim McMahon 10. Plum Island Lighthouse Supervisor Russell 11. F.I. Hamlet Study V. SPECIAL PRESENTATION 1. Proclamation Southold Varsity Boys Basketball Southold Town Meeting Agenda - June 6, 2006 Page 3 2. Proclamation Southold Robotics 3. Proclamation Southold-Mattituck-Greenport NJROTC Unit VI. RESOLUTIONS 2006-499 CATEGORY: Audit DEPARTMENT: Town Clerk Audit June 6, 2006 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby June 6, 2006. Vote Record - Resolution 2006-499 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-500 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting June 20, 2006 At 4:30 P.M. RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, June 20, 2006 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Vote Record - Resolution 2006-500 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-501 CATEGORY: Attend Seminar Southold Town Meeting Agenda - June 6, 2006 Page 4 DEPARTMENT: Police Dept Grant Permission to Chief Carlisle E. Cochran, Jr. to Attend IACP Annual Conference In Boston, MA RESOLVED grants permission to that the Town Board of the Town of Southold hereby Carlisle E. Cochran, Jr. to attend the Annual International Association of Chiefs of Police (IACP) Conference in Boston, Massachusetts, commencing on Saturday, October 14 through Wednesday, October 18, 2006. Travel to be by Town vehicle. All expenses for registration, travel and lodging to be a legal charge to the 2006 Police budget (A.3120.4.600.200 - police officer training). Vote Record - Resolution 2006-501 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-502 CATEGORY: Employment - Town DEPARTMENT: Public Works Appoint Justin Gaydosik to the Position of a Seasonal Laborer for the Department of Public Works RESOLVEDappoints Justin Gaydosik that the Town Board of the Town of Southold hereby to the position of a Seasonal Laborer for the Department of Public Works, effective June 14, 2006, at a rate of $12.59 per hour. Vote Record - Resolution 2006-502 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-503 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Revise BOAR Expiration Dates to Comply with New York State Regulations. Southold Town Meeting Agenda - June 6, 2006 Page 5 RESOLVEDrevises the term that the Town Board of the Town of Southold hereby expirations of the Board of Assessment Review , to comply with New York State regulations, as follows: Current Revised Jonathan Wiggins, Chairman 12/31/2010 September 30, 2010 Gerard H. Schultheis 12/31/2006 September 30, 2006 Daniel McConlogue 12/31/2007 September 30, 2007 Cara Wells 03/31/2008 September 30, 2008 Phyllis Atkinson 12/31/2009 September 30, 2009 Vote Record - Resolution 2006-503 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-504 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute Agreements for the Summer 2006 Recreation Programs RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute an agreement with the following individuals and businesses for the summer 2006 recreation programs , all in accordance with the approval of the town attorney. Funding for the instructors listed below has been budgeted for in the recreation department's 2006 instructor line A7020.4.500.420. Lisa Baglivi (watercolor)……………………………..…… $30/hour Country Time Cycle (Bike Repair)……………………….. $25/hour Eugenia Cherouski (folk dancing)......................................... $25/hour Shirley Darling (tennis).......................................................... $30/class Martha Eagle (Aerobics)........................................................ $30/hour East End Insurance Services (Defensive Driving)................. $30/person William Fish (golf lessons).................................................... $85/person Carol Giordano (Baton)......................................................... $25/class Southold Town Meeting Agenda - June 6, 2006 Page 6 Rosemary Martilotta (yoga)................................................... $55/class Tom McGunnigle (golf)…………………………………..... $45/person Mark Parson (golf lessons).................................................... $85/person Theresa Pressler (youth programs)………………………… $25/hour Riverside Gymnastics (youth gymnastics)............................. $40/person Steve Smith (weight training)................................................ $25/hour Touch Dancing Studios (ballroom dance)............................. $48/person Vote Record - Resolution 2006-504 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-505 CATEGORY: Employment - Town DEPARTMENT: Recreation Appoint 2006 Seasonal Summer Staff for the Period June 24 - September 4, 2006 RESOLVEDappoints the following 2006 that the Town Board of the Town of Southold seasonal summer staff for the period June 24 - September 4, 2006 as follows: STILLWATER LIFEGUARDS HOURLY SALARY 1. Thomas Anderson (2nd year)……………………......……… $12.44 2. Courtney Brown (1st year)………..………………........…… $12.17 3. Gibson Campbell (4th year)…………..…………………….. $12.99 4. Margot Connor (3rd year)……………………….………….. $12.72 5. Conor Corridan (3rd year)………………………………….. $12.72 6. Jordan Doroski (4th year)…………………………………… $12.99 7. Elissa Fondiller (3rd year)…………………..………………. $12.72 8. Robert Harper (7th year)…………………….……………… $13.82 9. Brittany Knote (1st year)……….…………….…...........…… $12.17 10. Ryan Kraemer (3rd year)…………………………………… $12.72 11. Jaimie MacDonald (2nd year)………………………………. $12.44 12. Kathleen MacDonald (4th year)………………..…………… $12.99 13. Timothy McElroy (1st year)……………………............…… $12.17 14. Colin Palladino (1st year)…………………………........…… $12.17 15. Lindsay Riemer (4th year)………………………..……….… $12.99 16. Lauren Smith (2nd year)…………………………..………… $12.44 17. Andrew Stritzl (6th year)……………………………………. $13.54 18. Jennifer Whyard (7th year)……………………….………… $13.82 Southold Town Meeting Agenda - June 6, 2006 Page 7 19. Sean Whyard (3rd year)…………………………….………. $12.72 20. Laura Young (5th year)……………………………………… $13.27 BEACH ATTENDANTS 1. Shannon Carrig (3rd year)……………………………….…. $9.75 2. Carlos Katz (4th year)……………………………………….. $9.91 3. Cynthia Murray (4th year)……………………………….… $9.91 4. Jason Petrucci (1st year)……………………………………. $9.42 5. Chelsea Scoggin (1st year)…………………………………. $9.42 6. Thomas Smith (2nd year)……………………………..…… $9.58 7. Maia Verostek (2nd year)………………………………..… $9.58 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) 1. Elizabeth Bannon (1st year)……………………………….... $16.57 2. Emily Harper (3rd year)…………………………………….. $17.07 BEACH MANAGERS 1. Arthur Quintana (18th year)………………………………… $15.94 2. William Seifert (2nd year)…………………………………… $13.84 RECREATION AIDES (PLAYGROUND INSTRUCTORS) 1. Kara Erdman (2nd year)…………………………………….. $11.59 2. Kaitie Mazzaferro (1st year)………………………………… $11.34 LIFEGUARD TRAINER 1. Deborah Hennenlotter (5th year)…………………………. $16.74 Vote Record - Resolution 2006-505 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-506 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Medicare Part D Retiree Drug Subsidy Distribution Agreement for NYSHIP Participating Employers Southold Town Meeting Agenda - June 6, 2006 Page 8 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Medicare Part D Retiree Drug Subsidy Distribution Agreement for NYSHIP Participating Employers , subject to the approval of the Town Attorney. Vote Record - Resolution 2006-506 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-507 CATEGORY: Misc. Public Hearing DEPARTMENT: Land Preservation Set June 20, 2006 At 5:15 P.M., Southold Town Hall, As the Time and Place for a Public Hearing on the Purchase of Open Space - C&D Realty RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town ets Tuesday, June 20, 2006, at 5:15 p.m., Southold Town Hall, 53095 of Southold hereby s Main Road, Southold, New York as the time and place for a public hearing for the purchase of open space on property currently owned by C&D Realty .Said property is identified as SCTM #1000-113-4-1. The address is 3640 Cox Neck Road, Mattituck, New York, and is located on the southeasterly curve of Cox Neck Road approximately 260 feet from the intersection of Bergen Avenue and Cox Neck Road in Mattituck in the R-40 zoning district. The proposed acquisition is for fee title and is approximately 0.75 acre (subject to survey). The property borders on Harold’s Branch of Mattituck Inlet. The property has been offered for sale to the Town of5:15 Southold below fair market value as a bargain sale. The purchase price for this open space parcel is $200,000.00 (two hundred thousand dollars). Southold Town Meeting Agenda - June 6, 2006 Page 9 The property is listed on the Town’s 2006 Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its significant wetlands. The property is to be purchased for the purpose of the preservation of open space, stormwater remediation and water quality control. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (1) Sanitary Flow Credit is available upon the Town’s purchase of the property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution 2006-507 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-508 CATEGORY: Authorize Payment DEPARTMENT: Community Development Authorize and Direct Supervisor Scott A. Russell and Deputy John Sepenoski to Sign the “Authorization of Remote Request of Official Checks” Form RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell and Deputy John Sepenoski to sign the “Authorization of Remote Request of Official Checks” form, as part of the Town of Southold CHIP Account with Citibank for the Community Development Block Grant – Home Improvement Program Southold Town Meeting Agenda - June 6, 2006 Page 10 Vote Record - Resolution 2006-508 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-509 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Authorize and Direct the Town Clerk to Advertise for Bids for Emergency Generators RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for emergency generators for the Southold Town Hall, Southold Highway Department, Southold Police Department and the Human Resource Center – Katinka House, in accordance with the plans and specifications prepared by James Richter, Office of the Town Engineer. Vote Record - Resolution 2006-509 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-510 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to North Fork Beach Volleyball to Park Vehicles of Participating Players and Observers, on the East and West Sides of Luthers Road From the Corner of Naugles Drive to the Mattituck Park District Parking Lot RESOLVEDgrants permission to North that the Town Board of the Town of Southold hereby Fork Beach Volleyball to park vehicles of participating players and observers, on the east and west sides of Luthers Road from the corner of Naugles Drive to the Mattituck Park District parking lot on Saturday, June 10, 2006 (Rain Date: Sunday June 11, 2006), Saturday, July 29 (Rain Date: Sunday July 30, 2006) and Sunday, August 27, 2006 (rain date Sunday Southold Town Meeting Agenda - June 6, 2006 Page 11 September 3, 2006) from 7:00 A.M. to 7 P.M. for the purpose of holding an Invitational Benefit Beach Volleyball Tournament fund raisers, and these vehicles shall be exempt from Southold Town parking fees for that day. Vote Record - Resolution 2006-510 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-511 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2006 Whole Town General Budget - Piping Plover Management RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby Whole Town General budget as follows: From: A.2770.20 Nature Conservancy Grant $3500.00 To: A.8720.4.400.100 Fish & Game Piping Plover Management $3500.00 Vote Record - Resolution 2006-511 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-512 CATEGORY: Budget Modification DEPARTMENT: Highway Department Modify the 2006 Highway Fund Part Town Budget Southold Town Meeting Agenda - June 6, 2006 Page 12 RESOLVED modifies the 2006 Highway that the Town Board of the Town of Southoldhereby Fund Part Town budget as follows: To: DB.5110.4.100.100 General Repairs, C.E. Supplies & Materials Miscellaneous Supplies $10,000.00 DB.5110.4.100.925 General Repairs, C.E. Supplies & Materials Lumber 1,800.00 DB.5110.4.100.960 General Repairs, C.E. Supplies & Materials Drain Pipe/Rings/Covers 6,000.00 DB.5110.4.100.995 General Repairs, C.E. Supplies & Materials Signs & Sign Posts 1,200.00 DB.5110.4.400.600 General Repairs, C.E. Contracted Services Other Contracted Services 2,000.00 DB.5130.2.500.400 Machinery, E. & C.O. Other Equipment Radio Equipment 2,049.00 DB.5140.4.100.125 Brush & Weeds/Miscellaneous, C.E. Supplies & Materials Miscellaneous Supplies 1,000.00 From: DB.5110.1.300.100 General Repairs, P.S. Temporary/Seasonal Employ Regular Earnings $10,000.00 DB.5110.4.100.975 General Repairs, C.E. Supplies & Materials Steel 1,800.00 DB.5110.4.100.975 General Repairs, C.E. Supplies & Materials Steel 6,000.00 Southold Town Meeting Agenda - June 6, 2006 Page 13 DB.5110.4.100.975 General Repairs, C.E. Supplies & Materials Steel 1,200.00 DB.5130.4.100.500 Machinery, C.E. Supplies & Materials Parts & Supplies 2,000.00 DB.5130.4.100.500 Machinery, C.E. Supplies & Materials Parts & Supplies 2,049.00 DB.5140.4.600.300 Brush & Weeds/Miscellaneous, C.E. Miscellaneous Travel 1,000.00 Vote Record - Resolution 2006-512 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-513 CATEGORY: Retirement/Resignation DEPARTMENT: Police Dept Accept the Letter of Intent to Retire From Police Officer Gary M. Charters RESOLVEDaccepts the letter of intent that the Town Board of the Town of Southold hereby to retire of Gary M. Charters from the position of Police Officer in the Police Department , effective July 20, 2006. Vote Record - Resolution 2006-513 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-514 CATEGORY: Budget Modification DEPARTMENT: Public Works Southold Town Meeting Agenda - June 6, 2006 Page 14 Mofidy the 2006 General Fund, Whole Town Budget RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: From: A.2025.00 Special Recreation Facilities $45,000 Park & Playground To: A.1620.2.500.875 Building & Grounds Capital Outlay Fishers Island Fitness Trail $45,000 Vote Record - Resolution 2006-514 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-515 CATEGORY: Sanitary Flow Credits DEPARTMENT: Land Preservation Enter (One) Sanitary Flow Credit Into the Sanitary Flow Credit Log - Carla Carroll WHEREAS , on May 18, 2006, the Town of Southold purchased Fee Title to the parcel owned by Carla A. Carroll; and WHEREAS , said property is identified as SCTM#1000-53-3-2 and 1900 Pipes Neck Road, Greenport, New York; and WHEREAS , said property is 10.667 acres, as per a survey prepared by John C. Ehlers Land Surveyor, dated 4/13/06; and WHEREAS , the property contains wetlands and was appraised and valued as one non-subdividable building lot; and Southold Town Meeting Agenda - June 6, 2006 Page 15 WHEREAS , said property is located within the Low-Density Residential R-80 Zoning District; and WHEREAS , said property is located within the Greenport School District; and WHEREAS , the deed recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space; and WHEREAS , as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS , the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS , one (1) sanitary flow credit is available from the parcel; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places one (1) sanitary flow credit into the Town TDR Bank from the Town’s fee title purchase of the property owned by Carla A. Carroll; and, be it RESOLVEDenter this transfer of 1 (one) sanitary flow FURTHER that the Town Clerk shall credit into the Sanitary Flow Credit Log ; and, be it Southold Town Meeting Agenda - June 6, 2006 Page 16 RESOLVED FURTHER that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Vote Record - Resolution 2006-515 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-516 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept Bids for Pump-Out Boats RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Marine Boatbuilders Company to supply the town with a 23’ Pump-Out Boat and Tandem Axel Boat Trailer in the amount of $82,500.00 (Boat $79,000 and trailer $3,500.00), all in accordance with the Town Attorney. Vote Record - Resolution 2006-516 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-517 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Mattituck Fire Department to Close Sound Avenue, Mattituck Between Lipco Road and Westphalia Road on Sunday, June 11, 2006 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Fire Department to close Sound Avenue, Mattituck between Lipco Road and Westphalia Road on Sunday, June 11, 2006 between 8:30 AM and 12 noon provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold Southold Town Meeting Agenda - June 6, 2006 Page 17 as an additional insured and notify Capt. Flatley immediately to coordinate traffic control. Vote Record - Resolution 2006-517 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-518 CATEGORY: Seqra DEPARTMENT: Town Clerk Determine the Town Board to be Lead Agency and Declare that the Proposed Unlisted Action Will Not Have a Significant Adverse Effect on the Environment. WHEREAS , the Town Board of the Town of Southold is conducting an uncoordinated SEQR Review of an Unlisted Action involving amendments to Chapter 100 of the Code of the Town of Southold, regarding limitations on the size of retail uses in the HB and B zoning; and WHEREAS, the purpose of the amendments are to limit the size of retail uses in the HB Hamlet Business and B General Business zoning districts so that new retail development shall be properly integrated into the hamlets in a manner that is compatible with the character of the community, and sustains the business districts. NOW THEREFORE BE IT RESOLVED , that pursuant to Part 617 of the SEQR Regulations, the Town Board of the Town of Southold hereby designates itself as the Lead Agency for the SEQR Review of this Unlisted Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the proposed Unlisted Action will not have a significant adverse effect on the environment. Southold Town Meeting Agenda - June 6, 2006 Page 18 Vote Record - Resolution 2006-518 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-519 CATEGORY: Seqra DEPARTMENT: Town Clerk Determine that the Proposed Local Law Entitled “A Local Law In Relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law” is Classified As a Type II Action RESOLVEDdetermines that the that the Town Board of the Town of Southold hereby proposed Local Law entitled “A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law” is classified as a Type II action pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. Vote Record - Resolution 2006-519 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-520 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods 6/06/06 RESOLVEDmodifies the 2006 that the Town Board of the Town of Southold hereby budget as follows: From: SR.8160.4.100.566 (Maint-Cat Quarry Truck) $ 3,000 To: Southold Town Meeting Agenda - June 6, 2006 Page 19 SR.8160.4.100.581 (Maint-Kenworth Tractor $ 2,000 SR.8160.4.100.646 (Maint-Mechanic Vehicle) $ 1,000 Vote Record - Resolution 2006-520 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-521 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification for Traffic Study RESOLVEDmodifies the 2006 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: A.1010.4.500.500 Town Board Planning Consultants $ 70,000.00 From: A.9730.7.000.000 Debt Service Bond Anticipation Note Interest $70,000.00 Vote Record - Resolution 2006-521 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-522 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Amends Resolution #482, Adopted At the May 23, 2006 Regular Town Board Meeting RESOLVEDamends resolution #482, that the Town Board of the Town of Southold hereby adopted at the May 23, 2006 regular Town Board meeting to read as follows: Southold Town Meeting Agenda - June 6, 2006 Page 20 RESOLVED that the Town Board of the Town of Southold grants approval to transfer Charles Tyler, Public Safety Dispatcher I, from the County of Suffolk's employ to the Town of effective June 20, 2006. Southold's employ, at a salary of $49,865.42 (Step 4), Vote Record - Resolution 2006-522 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-523 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Nature Conservancy to Park Overflow Vehicles of Guests Participating In a Walk of the Pipes Cove Wetlands, on Pipes Neck Road, Greenport on Saturday, June 17, 2006 RESOLVEDgrants permission to The that the Town Board of the Town of Southold hereby Nature Conservancy to park overflow vehicles of guests participating in a walk of the Pipes Cove Wetlands, on Pipes Neck Road, Greenport on Saturday, June 17, 2006 from 9:30 A.M. to 11 A.M., and these vehicles shall be exempt from Southold Town parking fees for that time period provided The Nature Conservancy contact Captain Flatley immediately for proper placarding instructions for the identification of the vehicles. Vote Record - Resolution 2006-523 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-524 CATEGORY: Bid Acceptance DEPARTMENT: Public Works Accept the Bid of Corazzini Asphalt, Inc. to Supply Stone Dust/ Screenings to Fishers Island Ferry District RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - June 6, 2006 Page 21 Corazzini Asphalt, Inc. to supply the town with 750 Cubic Yards of Stone Dust/ Screenings to Fishers Island Ferry District, in accordance with the plans and specifications prepared by James Richter, RA, Office of the Town Engineer in the amount of $39,000, all in accordance with the Town Attorney. Vote Record - Resolution 2006-524 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-525 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Verizon Business Service Agreement Between the Town of Southold and Verizon Business Services RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute a Verizon Business Service Agreement between the Town of Southold and Verizon Business Services regarding an internet connectivity upgrade for a term of one year, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-525 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-526 CATEGORY: Traffic Study DEPARTMENT: Town Attorney Retains the Services of Schneider Engineering, PLLC to Conduct a Traffic Corridor Study, Including, Without Limitation, the Impacts of the Cross Sound Ferry RESOLVEDretains the services of that the Town Board of the Town of Southold hereby Schneider Engineering, PLLC to conduct a traffic corridor study, including, without Southold Town Meeting Agenda - June 6, 2006 Page 22 limitation, the impacts of the Cross Sound Ferry, in a manner and scope to be directed by the Town Board , shall be a legal charge to the Town Board’s 2006 Planning Consultant budget (A.1010.4.500.500), at the hourly rates not to exceed those listed in their Proposal dated June 5, 2006, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-526 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-527 CATEGORY: Advertise DEPARTMENT: Town Clerk Authorizes and Directs the Town Clerk to Advertise for the Position of a Part-Time Entry-Level Clerk Typist RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for the position of a part-time entry-level clerk typist in the Assessors Office at a rate of $11.41 per hour. Vote Record - Resolution 2006-527 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-528 CATEGORY: Consulting DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute an Agreement Retaining Valerie Scopaz of VMS Planning Services, for the Conduct of a Fishers Island Master Plan Update RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute an Agreement retaining Valerie Scopaz of VMS Planning Southold Town Meeting Agenda - June 6, 2006 Page 23 Services, for the conduct of a Fishers Island Master Plan Update , in accordance with her Proposal at a total cost not to exceed $10,000, subject to the approval of the Town Attorney. Vote Record - Resolution 2006-528 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-529 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Attorney Directs the Town Clerk to Forward to the Highway Department, Police Department and the NYS Department of Transportation, the Proposal of the Mattituck Chamber of Commerce to Close Love Lane RESOLVEDdirects the Town Clerk to that the Town Board of the Town of Southold hereby forward to the Highway Department, Police Department and the NYS Department of Transportation, the proposal of the Mattituck Chamber of Commerce to close Love Lane in Mattituck from 6:00 p.m. on Saturdays until 6:00 p.m. on Sundays during the Summer months , for their reports and recommendations. Vote Record - Resolution 2006-529 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-530 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Authorize the Southold Town Supervisor to Initiate Action to Include, But Not be Limited To, Working with East End Lighthouses, Representatives of County, State and Federal Government for the Preservation of the Lighthouses As Aids to Navigation WHEREAS the United States Government started erecting lighthouses in Southold Town in 1806, and because of the importance of lighthouses to the maritime safety of the local waters, Southold Town Meeting Agenda - June 6, 2006 Page 24 commissioned seven more during the next 93 years, resulting in the Town of Southold having more lighthouses than any other town in the country; and WHEREAS the United States Government is divesting themselves of the last four of these lighthouses starting in 2005; and WHEREAS let it be recognized that the Orient Point, Little Gull, Race Rock, and Latimer Reef Lighthouses are uniquely different than most land located lighthouses, in that they provide guidance through U.S. Government recognized hazardous channels, that included Plum Gut, The Race, and Fishers Island Sound through which thousands of vessels pass each year; and WHEREAS these lighthouses continue to be utilized as important Aids To Navigation, despite the expanded use of electronic aids; therefore be it RESOLVED authorize the Southold Town that the Town Board of the Town Southold, Supervisor to initiate action to include, but not be limited to, working with East End Lighthouses (a local not-for-profit entity established specifically for the preservation of Southold Town Offshore Lighthouses), representatives of County, State and Federal Government for the preservation of the above lighthouses as Aids To Navigation in recognition of the important role they play in providing safe navigation through the above recognized hazardous channels. Vote Record - Resolution 2006-530 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-531 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoinment to Emergancy & Disaster Preparedness Committee Southold Town Meeting Agenda - June 6, 2006 Page 25 SUPERVISOR’S APPOINTMENT appoints Karen McLaughlin, at a compensation of Supervisor Scott A. Russell hereby $2,500.00 and Ben Burns, at no stipend, to the Emergency & Disaster Preparedness Committee . Vote Record - Resolution 2006-531 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-532 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law In Relation to Size Limitations on Retail Uses WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 9th day of May, 2006 a Local Law entitled relation to Size Limitations on Retail Uses”, and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard; and WHEREAS , the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; now therefore be it RESOLVED ENACTS “A Local Law that the Town Board hereby the Local Law entitled, in relation to Size Limitations on Retail Uses” which reads as follows: LOCAL LAW NO. 7 OF 2006 Southold Town Meeting Agenda - June 6, 2006 Page 26 “A Local Law in relation to Size Limitations on Retail Uses” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town’s natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. The Town of Southold Hamlet Study, adopted by the Town Board in 2005, recommended amendments to the zoning code which would strengthen the business centers and encourage businesses that support the east end lifestyle. The study concludes that large-scale commercial activity is inconsistent with the community character of the Town, and would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted by the Town Board in 2005, mandates that all new development should be integrated in the hamlets in a manner that is compatible with the community character, and the economic vitality of the business districts should be enhanced. A report prepared for the Town Board by Mark Terry, Acting Department Head, dated November 2005 titled the “Impacts of Big Box and Large Retail Stores on Community Business and Proposed Amendments to the Town of Southold Town Code” highlights the detrimental effects large scale commercial development can have on small towns. The Town of Southold’s unique geography coupled with these potential detrimental effects on the community have prompted the Town Board to prepare this Local Law. The Town Board enacted a temporary moratorium on retail site plans and special exception use permits over 3000 square feet in October 2005 in order to allow the Town the opportunity to grapple with the issue and adequately prepare a solution to the mounting pressure from large scale retailers. This Local Law is intended to place limits on the sizes of retail structures in the Town of Southold, in order to preserve the community character of the hamlets and the sustainability of the business districts. In addition, the law provides that those seeking larger retail businesses will comply with the Town’s design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. II. Chapter 100 of the Code of the Town of Southold is hereby amended as follows: § 100-91. Use Regulations. In the HB 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 uses except the following: Southold Town Meeting Agenda - June 6, 2006 Page 27 A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board: (7) Retail stores, up to a maximum of 6,000 total square feet of gross floor area in any building (inclusive of all floor area associated with the retail store(s)), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total square feet shall comply with the retail building standards for HB Districts listed below, in addition to the site plan requirements of this Chapter. (a) Building Massing and Facade Treatment i. Variation in Massing a. A single, large, dominant building mass shall be prohibited. b. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. ii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the “Main Street” character in the Hamlet Centers (requires definition), buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade. iii. Awnings. (a) Awnings shall be no longer than a single storefront. Southold Town Meeting Agenda - June 6, 2006 Page 28 (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. iv. Customer Entrances Buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. v. Buildings containing a drive-through or drive-up window are prohibited. (b) Building Materials 1. All buildings should be constructed or clad with materials that Are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. 2. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; (c) Signage 1. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or Southold Town Meeting Agenda - June 6, 2006 Page 29 onto any exterior structures, including waste disposal receptacles and flags. 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. (d) Site Design 1. The principal building entrance shall face the primary street frontage and/or sidewalk. 2. New construction along primary pedestrian walkways within the Hamlet Centers (requires definition) shall have a zero (0) or minimum setback from the sidewalk/ front property line, whenever possible, to reinforce the “Main Street” street wall. (e) Off–Street Parking 1. Off -street parking shall not be located in the front yard Between the front facade of the building (s) and the primary abutting Street Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. 2. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. 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, except Subsection (10) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (10) Retail stores in excess of 6,000 total square feet of gross floor area in any building, up to a maximum of 12,000 total square feet of such gross floor area in any building (inclusive of all floor area associated with the retail store(s)), subject to the following requirements: (a) Compliance with the retail building standards listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing Southold Town Meeting Agenda - June 6, 2006 Page 30 i. A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. (b) To maintain the “Main Street” character in the Hamlet Centers (requires definition), buildings shall be sited with a zero (0) or minimum setback from the front property line or primary pedestrian walkways and be transparent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade (c) Buildings shall consist of a building bay Or structural building system that is a maximum of thirty feet (30’) in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. iv. Awnings. (a) Awnings shall be no longer than a single storefront. Southold Town Meeting Agenda - June 6, 2006 Page 31 (b) Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no fewer than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- up window are prohibited. 2. Building Materials a. All buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; Southold Town Meeting Agenda - June 6, 2006 Page 32 ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. b. New construction along primary pedestrian walkways within the Hamlet Centers (requires definition) shall have a zero (0) or minimum setback from the sidewalk/front property line, whenever possible, to reinforce the “Main Street” street wall. 5. Off–Street Parking a. Off -street parking shall not be located in the front yard between the front facade of the building (s) and the primary abutting street. Parking areas must be located in the side and rear yards of the building. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. Such study shall include an analysis of the projected impact of the retail store(s) on: Southold Town Meeting Agenda - June 6, 2006 Page 33 i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. iv. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. x. Employee housing needs, if applicable. xi. The Town of Southold’s ability to implement its Comprehensive Plan consistent with the proposed project. §100-101. Use regulations. In the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. The following uses are permitted uses and, except for those uses permitted under Subsection A(1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by § 100-91A(3) to (21) of the Hamlet Business District, except Subsection A(7) as applicable in the Business District is herein modified as follows: (a) Retail stores, up to a maximum of 8,000 total square feet of gross floor area in any building (inclusive of all floor area associated with the retail store(s), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 4,000 total square feet shall comply with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Façade Treatment a. Variation in Massing Southold Town Meeting Agenda - June 6, 2006 Page 34 i. A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. v. Customer Entrances Retail buildings shall have clearly-defined, highly- visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; Southold Town Meeting Agenda - June 6, 2006 Page 35 (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. Southold Town Meeting Agenda - June 6, 2006 Page 36 5. Off–Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development’s building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adjacent properties, treets and public sidewalks, pursuant to § 100- 214. Landscaped Parking Area. 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, except Subsection (17) which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (17) Retail stores in excess of 8,000 total square feet of gross floor area in any building, up to a maximum of 15,000 total square feet of such gross floor area in any building (inclusive of all floor area associated with the retail store(s), subject to the following requirements: (a) Compliance with the retail building standards for B Districts listed below, in addition to the site plan requirements of this Chapter. 1. Building Massing and Facade Treatment a. Variation in Massing i. A single, large, dominant building mass shall be prohibited. ii. There shall be no blank, unarticulated, exterior building walls. All exterior building walls shall include materials and design characteristics consistent with those on the front of the building. iii. Building walls that face public streets, connecting pedestrian walkways, or adjacent development shall meet the following standards: Southold Town Meeting Agenda - June 6, 2006 Page 37 (a) Facades shall be subdivided and proportioned using features such as windows, entrances, arcades, arbors, awnings, trellises with vines, or alternate architectural detail that defines human scale, along no less than sixty percent (60%) of the facade. iv. Buildings shall consist of a building bay or structural building system that is a maximum of thirty feet (30’) in width. Bays shall be visually established by architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. v. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with a matte finish are permitted. Awnings with high gloss finish and illuminated, plastic awnings are prohibited. vi. Customer Entrances Retail buildings shall have clearly-defined, highly-visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; (j) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting. Southold Town Meeting Agenda - June 6, 2006 Page 38 vii. Buildings containing a drive-through or drive-up window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable, economically-maintained, and of a quality that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrally-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following: i. Smooth-faced gray concrete block, painted or stained concrete block, tilt-up concrete panels; ii. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service marks may not be affixed, painted or glued onto the windows of the business or onto any exterior structures, including waste disposal receptacles and flags. b. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. 4. Site Design a. The principal building entrance shall face the primary street frontage and/or sidewalk. 5. Off–Street Parking a. No greater that thirty percent (30%) of the off street parking spaces provided for all uses contained in the development’s building(s) shall be located between the front facade of the building(s) and the primary abutting street. Adequate parking shall be provided in accordance with that required by Article XIX, of the Town of Southold Town Code. Southold Town Meeting Agenda - June 6, 2006 Page 39 b. Parking areas shall be screened from adjacent properties, streets and public sidewalks, pursuant to § 100-214. Landscaped Parking Area. (b) The Planning Board shall determine that the proposed retail store(s) will not have an undue adverse impact on the community. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Study, at the expense of the applicant. Such study shall include an analysis of the projected impact of the retail store(s) on: i. The existing local retail market, including market shares, if applicable. ii. The supply and demand for local retail space. iii. Local wages, benefit and employment. iv. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. viii. Impacts of property values in the community. ix. Effects on retail operations in the surrounding market area. x. Employee housing needs, if applicable. xi. The Town of Southold’s ability to implement its Comprehensive Plan consistent with the proposed project. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - June 6, 2006 Page 40 Vote Record - Resolution 2006-532 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2006-533 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact a Local Law In Relation to Minor Exempt Actions List of the WCRL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New th “A Local Law in relation to Amendments to the York, on the 9 day of May, 2006 a Local Law entitled Minor Exempt Actions List of the Waterfront Consistency Review Law” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard; now therefor be it RESOLVED“A that the Town Board of the Town of Southold hereby ENACTS the Local Law entitled, Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law” reads as follows: LOCAL LAW NO. 8 2006 A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistency Review Law . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. The amendments to this local law are adopted under the authority of the Municipal Home Rule Law and the Waterfront Revitalization of Coastal Areas and Inland Waterways Act of the State of New York (Article 42 of the Executive Law). It is intended that, by making additions to the “minor actions” exempt list, certain actions that by their nature will not have an adverse effect on the coastal area and resources will not require a review under this law, which will result in a more efficient review process. II. Chapter 95 of the Code of the Town of Southold is hereby amended as follows: Southold Town Meeting Agenda - June 6, 2006 Page 41 § 95-3. Definitions. MINOR ACTIONS — Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; C. Repaving or widening of existing paved highways not involving the addition of new travel lanes; D. Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; E. Maintenance of existing landscaping or natural growth, except where threatened or endangered species of plants or animals are affected, or within significant coastal fish and wildlife habitat areas; F. Granting of individual setback and, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; G. Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; H. Installation of traffic control devices on existing streets, roads and highways; I. Mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns; J. Information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any action; K. Official acts of a ministerial nature involving no exercise of discretion, including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; L. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; M. Conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; Southold Town Meeting Agenda - June 6, 2006 Page 42 N. Collective bargaining activities; O. Investments by or on behalf of agencies or pension or retirement systems, or refinancing existing debt; P. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; Q. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; R. Adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; S. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; T. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order, or the exercise of prosecutorial discretion; U. Adoption of a moratorium on land development or construction; V. Interpreting an existing code, rule or regulation; W. Designation of local landmarks or their inclusion within historic districts; X. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to coastal resources or the environment. Any decision to fund, approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter; Y. Local legislative decisions such as rezoning where the Town Board determines the action will not be approved;. Z. Split rail fences not interfering with the public’s rights of passage along the foreshore; AA. Removal of a structure greater than 75 feet from a wetland; BB. Additions to the landward side of an existing dwelling constituting less than 25 percent of the existing structure, except in a Coastal Erosion Hazard Area; CC. Structures less than 100 square feet in size that are accessory to existing permitted primary structures, and which accessory structures are greater than 50 feet from a tidal wetland; DD. Pervious residential driveways greater than 50 feet from a wetland; EE. Upgrades to existing fuel tanks; Southold Town Meeting Agenda - June 6, 2006 Page 43 FF. Cutting phragmites to greater than 12 inches and vegetative restoration; GG. Bulkhead to replace existing bulkhead on the applicant’s property in the same location with a silt curtain employed during construction; and HH. Lot line changes. III. Severability. The provisions of this local law are severable. If any provision of this local law is found invalid, such finding shall not affect the validity of this local law as a whole or any part or provision hereof other than the provision so found to be invalid. IV. Effective Date. This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Vote Record - Resolution 2006-533 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 7. Motion to recess to Public Hearing RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. Vote Record - Motion to recess to Public Hearing ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adopted ?????????? Defeated Daniel C. Ross ?? Withdrawn ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell VIII. PUBLIC HEARINGS Southold Town Meeting Agenda - June 6, 2006 Page 44 J6, 2006, A8:00 P, PHLLIRS UNE T M A UBLIC EARING ON A OCAL AW N ELATION TO IZE LRU IMITATIONS ON ETAIL SES Vote Record - Public Hearing #1 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adjourned ???????? Daniel C. Ross ?? Closed ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell J6, 2006, 8:05 P, LLIRAM UNE MA OCAL AW N ELATION TO MENDMENTS TO THE INOR EALWCRL XEMPT CTIONS IST OF THE ATERFRONT ONSISTENCY EVIEW AW Vote Record - Public Hearing #2 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adjourned ???????? Daniel C. Ross ?? Closed ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell 9. Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. Vote Record - Adjourn Town Board Meeting ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ???????? William P. Edwards ? Adopted ???????? ??Daniel C. Ross Defeated ?? Withdrawn ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell