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HomeMy WebLinkAboutTB-06/06/2006 Town Hall, 53095 Main Road PO Box 11 79 Southold, NY 11971 Fax (631)765-6145 Telephone: (631) 765 - 1800 southo1dtown.northfork.net ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES June 6, 2006 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, June 6, 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 Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth A Neville Kieran Corcoran I. Reports Organization Town of South old Town of South old Town of South old Town of South old Town of South old . Town of South old . Town,c>fSouthold i Town of Southold Status Present Present Present Present Absent Present Present Present Arrived Councilman Councilman Councilman Councilman Justice . Supervisor . Town Clerk Assistant Town Attorney 1. Supervisors Monthly Report April 2006 II. Public Notices 1. Renewal of NYS Liquor License The Country Store, 930 Village Lane, Orient 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 Page 1 June 6, 2006 Town of Southold Board Meeting Minutes III. Communications 1. Memorial Day Parade Jean Vazquez 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. PIT 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 2. Proclamation Southold Robotics Page 2 June 6, 2006 Town of Southold Board Meeting Minutes 3. Proclamation Southold-Mattituck-Greenport NJROTC Unit 4. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. This is usually the segment of the meeting where I would have the public come up and comment on issues that are on the agenda for the evening but before I do that we are going to take care of some business and I have to say if anybody has concerns about the future of this community, look around the room and I think your concerns would be unfounded because this is a fine group of people that I see here. A fine, young group of adults and we are going to start recognizing them for some of their achievements over the past year. The first group I would like to honor and this guy, I can't say enough about, Bill Grigonis, Major Grigonis. What you have done at that school. Let me just read the proclamation and I want to come out and present it to you: the Town Board of the Town of South old, on behalf of the citizens of Southo/d Town, wishes to recognize and honor the SOUTHOLD- MA TTITUCK-GREENPORT NJROTC UNIT or their outstanding record of accomplishments during the past year; and W HER E AS: founded nationally in 1966, NJROTC is a program of patriotism, leadership and personal development, personal orderliness and precision, personal honor, self- reliance and self-discipline - each of these qualities exemplified in the more than 170 cadets in this Unit; and W HER E AS: highlighting the many awards received by these cadets was the 2006 2nd Place Overall Drill Champions for Area 4, which includes 52 schools and covers the northeast, automatically placing them at the Navy National Drill Competition in Pensacola next year; and W HER E AS: a Unit distinguished with academic honors, to date the graduates' awards include: two Appointments to the u.s. Naval Academy, two Appointments to the Coast Guard Academy, one Appointment to West Point, four NROTC Scholarships and two AROTC Scholarships; now, therefore be it RES 0 L V ED: that the Town Board of the Town of South old expresses sincere congratulations to the SOUTHOLD-MA TTITUCK-GREENPORT NJROTC UNIT on their impressive achievements, a source of pride for the entire town, and extends best wishes for continued success. By the way, your Major was my cadet commander when I was in the ROTC program back in high school. Yeah, we used to walk nine miles a day to school in those days. Another group, Southold Robotics team. I have been, it has been an honor sponsoring you through my local Kiwanis Club. You guys have done unbelievable things over the past few years and I want to read a proclamation to you as well tonight: Page 3 June 6, 2006 Town of Southold Board Meeting Minutes on behalf of the Town Board of the Town of Southo/d and all the citizens of our community, it is my pleasure to honor the members of the Southold High School ROBOTICS TEAMfor your commitment andfine efforts; and W HER E AS: we have watched as the ROBOTICS TEAM has advanced over the past several years, winning awards and recognitions around the country, each year showing improvement and establishing credibility in the school and in the community; and W HER E AS: special commendation is due to all team members and to their advisor, Tony Kryl, and we are pleased to extend this token of our admiration to them this evening; now, therefore be it RES 0 L V ED: that the Town Board of the Town of Southo/d hereby expresses sincere congratulations to the Southold High School ROBOTICS TEAM and extends best wishes for continued success in the future. This is, you know actually, Southold is knocking them dead tonight. Where is my alma mater, Mattituck, tonight? Southold Varsity boys basketball team, Jeff Ellis, head coach. Another group with an unbelievable amount of success this year. And a proclamation for the Southold basketball team, who I assume are the taller people in the audience: the Town Board of the Town of South old wishes to honor THE SOUTHOLD VARSITY BOYS' BASKET-BALL TEAMfor winning the 2006 Southeast Regional Championship - and for finishing the season with a 20-5 record; and W HER E AS: this championship is an example of the spirit, dedication, teamwork and sportsmanship of THE SOUTHOLD VARSITY BOYS' BASKETBALL TEAM as they defeated formidable opponents to capture the Suffolk County Class "C" Championship, the Long Island Championship, and the New York State Southeast Regional Championship; and W HER E AS: the importance of the skill, pride and commitment of the coaches, parents, families, and team supporters cannot be overstated as the team was guided toward this outstanding accomplishment, creating lifelong memories for all; now, therefore, be it RES 0 L V ED: that the Town Board of the Town of Southo/d wishes to publicly congratulate THE SOUTHOLD VARSITY BOYS' BASKETBALL TEAMfor their exceptional season, with deep appreciation to the team, the coaches and the parents for the positive example they have provided to the youth of Southo/d Town. Southo/d Bovs' Basketball 2006 Official Team Roster Jeff Ellis - Head Coach Phil Reed, Coach Mike Hogan, Coach Sean 0 'Hara Kajahri Lewis Rich Mullen Alex Dey Seamus Long Fred Grace Brandon Grace Cory Lamendola Scott Ofrias Brendan Gaffga Stephen Grodski Doug Conklin Jamie Sawicki Page 4 June 6, 2006 Town of South old Board Meeting Minutes I just want to say congratulations. Certainly, like I said earlier, if the community has any concerns about our future (inaudible). Thank you very much for everything you have done. You are a source of pride for all of us. For those of you in the audience, the Town Clerk has actually gone out to copy some more agendas. I know that they were in dernand tonight, so there are none out there. She is running more copies now so that everyone should have one. I would at this point ask anybody that has a comment regarding the agenda, unfortunately, I don't know if you all have agendas, so it is an unfair question. Would anybody that does have an agenda and that would like to comment on any issue that is on the agenda tonight, would you please feel free to start? FREDDIE W ACHSBERGER: Freddie Wachsberger, Southold Citizens for Safe Roads. On page 21, #526. I applaud the Town Board in proceeding with the initiation of a traffic study, which I think is long overdue for Southold Town. Apart just from the issue of Cross Sound Ferry, a Town traffic study is an essential tool for Town planning. It affects many decisions, the results of it can affect many decisions. It can give you information that is necessary to you for various kinds of zoning and planning considerations. And it is long overdue for Southold Town, I think every town really does need a traffic study as an essential tool for their planning. So I applaud you for finally addressing this issue. I think it is extremely valuable. Having said that and having seen the proposal, I do have one concern. I do have one concern that the study that you are addressing today does not include the environmental impact of traffic in general as another essential part of your planning because it does affect the critical health of the bays, it affects, with which itself affects the fishing, the shell fishing and the tourism industry, it affects the groundwater quality because of our fragile aquifer and it affects the air quality because of particulate matter which is directly related to traffic. So, while I think this is a great place to start and an essential place to start because the data is essential for any further discussion. I did just want to put that in, that I hope that you will see your way clear to go on and insist on relation of the study, not just in the terms of safety but relating it as well to the potential environmental impact in those critical areas which are critical for the health and safety and economy of the Town of Southold, townwide. Thank you very much. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: I don't think that, in answer to that, that the specific components of such a study, I don't think that we would be limited in scope with this if we hire someone. Just on what was presented today, in fact, I think it would be wiser as the Town Board if we hired someone and then direct them as to the specifics that we want to see studied including the environmental impacts of any traffic. SUPERVISOR RUSSELL: Alice Hussie. ALICE HUSSIE: Good evening, Alice Hussie, Southold. I am also interested in #526 on page 21 and I urge you not to spend any more money. It doesn't say how much this thing is going to cost, what is the cost? SUPERVISOR RUSSELL: The estimated cost of the proposal today was $80,000. Page 5 June 6, 2006 Town of Southold Board Meeting Minutes MS. HUSSIE: 80? And this is in addition to the 10 that you already allotted in April? SUPERVISOR RUSSELL: This is, actually the $10,000 that, are you talking about the $10,000 that was part of the budget? MS. HUSSIE: I don't know. I remember that I became very incensed when I read that you were spending $ I 0,000 on another study in April. SUPERVISOR RUSSELL: There was $10,000 for a study in the budget of the previous Board. That $10,000 would be applied towards this. MS. HUSSIE: Okay. Okay. However, you are aware that we have a number of studies in your files? In the year 2000, New York State did a traffic study. In 2001, the Town had a traffic impact analysis done. In 2004, the New York State DOT did a traffic count. I don't know why we need another study. The people pushing for this study want the ferry's business to diminish. Do you think that you have the power to do that? It is editorial, don't answer it now. But I have to remind you that you have allowed a hardware store in town to expand itself; you have allowed a lawyer's office to expand. There is CVS to think about. I don't know if this is the right thing to do. In fact, I think it is the wrong thing to do. We have been spending money on studies since I was on the Board which was years ago. I would love to know how much that totals. Ifthe goal is to curtail business and this is the other thing that has often worried me, you talk that you didn't want McDonalds, we didn't want various things and yet you fund the North Fork Promotion Council, which says, come on out here. And now we complain about traffic. Please don't pass this thing. Thank you. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on any issue that is on the agenda? STAN MICKUS: Good evening, my name is Stan Mickus, I am the director of public affairs for Cross Sound Ferry and I also would like to address item 526, pertaining to the traffic study. 1 have a written letter that I would like to submit for the record. I have copies for the Supervisor and all Board members, shall 1 ...? SUPERVISOR RUSSELL: Please. MR. MICKUS: I also would like to read it into the record. 'Dear Supervisor and members of the Town Board, Cross Sound Ferry is very concerned with the Board's decision today to move forward and hire Schneider Engineering to conduct a townwide traffic study. Schneider Engineering's letter to the Town Board dated June 5, 2006 and presented at today's Town Board work session, is in the form of a proposal but there are a number of concerns that we have. Item one, objectivity. Statements of objectivity are contradicted by descriptions of Schneider Engineering's approach, specifically and I am quoting from his proposal today "We will also gear our study towards possible future legislation and help support its direction as required" B. and in quotes again "that the ferry is not the only major traffic generator of traffic in the town" Page 6 June 6, 2006 Town of Southold Board Meeting Minutes while we believe that this is true but Schneider suggested data collection methods contradict that claim that the study again, and I am quoting from his proposal "is not just about the ferry". His verbal assertion at today's Town Board work session was that the sea jet and I am quoting Mr. Schneider again, "The sea jet is a major contributor of traffic in Southold". We believe that this is a premature conclusion and not borne out by the facts. I also would like to take issue with Mr. Schneider's methodology. No protocols or methodologies are indicated in the Schneider letter. For example, the descriptions of traffic safety issues are not accompanied by the slightest suggestion of how they would be assessed. He proposes that the actual method to take will be evaluated during the initial phase of the study. Further, methods that Schneider is proposing are outdated in traffic engineering practices. Last but not least, a perceived conflict of interest. Schneider Engineering was hired by Southold Citizens for Safe Roads to conduct work and testifY on behalf of the organization, not only against Cross Sound ferry but against this very Town of Southold, back in 2001. Southold Citizens for Safe Roads is a partisan organization, one of whose stated goals is to regulate the business operation of Cross Sound ferry. Both the Town and Cross Sound ferry have been pitted against Southold Citizens for Safe Roads in litigation over the last few years. It is apparent, qualifications aside, that the appointment of Mr. Schneider poses a conflict of interest. If the Town decides to conduct a comprehensive townwide traffic study, one that addresses all traffic generators and traffic issues within the Town, from Mattituck to Cutchogue to Southold, Greenport and on; then Cross Sound ferry would be willing to participate in such an effort. Such a study should not be confined to a specific sector of the Town and only to cater to the unsubstantiated whims of a select group of individuals. We urge the Town Board to reconsider the appointment of Schneider Engineering and to put the selection of a qualified, objective traffic consulting firm out to bid. In addition, there are certified traffic studies already in the public sector, which present a clear picture of traffic patterns in Southold Town. A comprehensive study called LITP 2000, which had a north fork and Southold Town component, is available and DOT traffic counts as recent as 2004 are also available. Thank you. SUPERVISOR RUSSELL: Would anybody like to come in on any issue before the agenda? (No response) Hearing nothing else, I think we will move on with the meeting. VI. Resolutions 2006-499 CATEGORY: DEPARTMENT: Audit Town Clerk Audit June 6, 2006 RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated June 6. 2006. Page 7 June 6, 2006 Town of Southold Board Meeting Minutes .r Vote Record ~ Resolution 2006-499 Yes/Aye ~olNay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Initiator 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 6'1 Scott Russell Voter 6'1 0 0 0 2006-500 CATEGORY: DEPARTMENT: Set Meeting 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.. .r Vote Record - Resolution 2006-500 Yes/Aye No/Nay Abstain Absent 6'1 Adopted AI~~Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Seconder 6'1 0 0 0 0 Tabled Thomas H. Wickham Initiator 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voler 0 0 0 6'1 Scott RusselJ Voter 6'1 0 0 0 2006-501 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Chief Carlisle E. Cochran, Jr. to Attend IACP Annual C01iference In Boston, MA RESOLVED that the Town Board of the Town of Southold hereby erants permission to Carlisle E. Cochran. Jr. to attend the Annual International Association of Chiefs of Police (IACP) Conference in Boston. Massachusetts. commencine on Saturday. October 14 throueh 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.3l20.4.600.200 - police officer training). .r Vote Record ~ Resolution 2006~501 YeslAye No/Nay Abstain Absent 6'1 Adopted Albert Krupski Jr. Initiator 6'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 6'1 Scott Russell Voter 6'1 0 0 0 Page 8 June 6, 2006 Town of South old Board Meeting Minutes 2006-502 CATEGORY: DEPARTMENT: Employment - Town Public Works Appoint Justin Gaydosik to the Position of a Seasonal Laborer for the Department of Public Works RESOLVED that the Town Board of the Town of Southold hereby appoints Justin Gavdosik 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 NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Seconder 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'I Scott Russell Voter Ii'I 0 0 0 2006-503 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Revise BOAR Expiration Dates to Comply with New York State Regulations. RESOLVED that the Town Board of the Town of Southold hereby revises the term expirations of the Board of Assessment Review, to comply with New York State regulations, as follows: Current Revised Jonathan Wiggins Gerard H. Schultheis, Chairman Daniel McConlogue Cara Wells Phyllis Atkinson 12/31/2010 12/31/2006 12/31/2007 03/31/2008 12/3 1/2009 September 30, 2010 September 30, 2006 September 30, 2007 September 30, 2008 September 30, 2009 ./ Vote Record - Resolution 2006-503 Yes/Aye No/Nay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'I Scott Russell Voter Ii'I 0 0 0 Page 9 June 6, 2006 Town of South old Board Meeting Minutes 2006-504 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Direct Supervisor Scott A. Russell to Execute Agreements for the Summer 2006 Recreation Programs RESOLVED that the Town Board ofthe Town of SouthoId authorizes and directs Supervisor Scott A. Russell to execute an al!reement with the followinl! individuals and businesses for the summer 2006 recreation prOl!rams, 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 A 7020.4.500.420. 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 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 NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Seconder 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-505 CATEGORY: DEPARTMENT: Employment - Town Recreation Appoint 2006 Seasonal Summer Stafffor the Period June 24 - September 4, 2006 Page 10 June 6, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold appoints the followinl! 2006 seasonal summer staff for the period June 24 - September 4. 2006 as follows: STILL WATER LIFEGUARDS HOURLY SALARY I. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. 12. 13. 14. 15. 16. 17. 18. 19. 20. Thomas Anderson (2nd year)...................... ................. Courtney Brown (Ist year)........ ....... .......... .................. Gibson Campbell (4th year).......... .............. ................ Margot Connor (3rd year). .................. ....................... Conor Corridan (3rd year)......................................... Jordan Doroski (4th year).......................................... Elissa FondiIIer (3rd year).................................... ...... Robert Harper (7th year)........................................... Brittany Knote (Ist year)............................ .................. Ryan Kraemer (3rd year)....... ................................... Jaimie MacDonald (2nd year).... ........................ ......... Kathleen MacDonald (4th year)............. ...................... Timothy McElroy (Ist year).... ................... ................... Colin Palladino (Ist year)............. ......... ....... ............... Lindsay Riemer (4th year).... ...................... ................ Lauren Smith (2nd year)................ ............ ................ Andrew Stritzl (6th year)......................... .................. Jennifer Whyard (7th year)........................................ Sean Whyard (3rd year).......... .................. ................ Laura Young (5th year)................ ................ ............. BEACH ATTENDANTS I. 2. 3. 4. 5. 6. 7. Shannon Carrig (3rd year)............................ ............. Carlos Katz (4th year).... .................. ............ ........ ..... Cynthia Murray (4th year)............................ ............ Jason Petrucci (Ist year)........................................... Chelsea Scoggin (Ist year)............................... ......... Thomas Smith (2nd year)......................................... Maia Verostek (2nd year)........ .................... ............. $12.44 $12.17 $12.99 $12.72 $12.72 $12.99 $12.72 $13.82 $12.17 $12.72 $12.44 $12.99 $12.17 $12.17 $12.99 $12.44 $ 13.54 $ 13.82 $12.72 $13.27 $9.75 $9.91 $9.91 $9.42 $9.42 $9.58 $9.58 RECREATION SPECIALISTS (WATER SAFETY INSTRUCTORS) I. 2. Elizabeth Bannon (Ist year).................................. ...... Emily Harper (3rd year)............................................ BEACH MANAGERS I. Arthur Quintana (18th year)....................................... $16.57 $17.07 $15.94 Page II June 6, 2006 Town of Southold Board Meeting Minutes 2. William Seifert (2nd year).... ... ...... ... .......... ........ ........ $13.84 RECREATION AIDES (PLAYGROUND INSTRUCTORS) I. 2. Kara Erdman (2nd year). ............ ......... ............ ....... ... Kaitie Mazzaferro (1st year). ......... ............ ...... ........... $ 11.59 $11.34 LIFEGUARD TRAINER I. Deborah Hennenlotter (5th year)............................... $16.74 -/ Vote Record - Resolution 2006-505 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2006-506 CATEGORY, DEPARTMENT, Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Medicare Part D Retiree Drug Subsidy Distribution Agreement for NYSHIP Participating Employers RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute the Medicare Part D Retiree Dru2 Subsidv Distribution A2reement for NYSHIP Participatin2 Emplovers, subject to the approval of the Town Attorney. tI' Vote Record - Resolution 2006-506 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2006-507 CATEGORY, DEPARTMENT, Misc. Public Hearing Land Preservation Set June 20, 2006 At 5: I 5 P.M, Southold Town Hall, As the Time and Place for a Public Hearing on the Purchase of Open Space - C&D Realty Page 12 June 6, 2006 Town of South old Board Meeting Minutes 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 ofthe Town of Southold hereby sets Tuesday, June 20, 2006. at 5:15 p.m.. Southold Town Hall. 53095 Main Road, Southold. New York as the time and place for a public hearinl!: 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). 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 South old, Section 87-5, one (I) 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 ofland 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. Page 13 June 6, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution 2006~507 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross ,..Initiat(lf It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 It! Scott Russell Voter It! 0 0 0 2006-508 CATEGORY: DEPARTMENT: Authorize Payment Community Development Authorize and Direct Supervisor Scott A. Russell and Deputy John Sepenoski to Sign the "Authorization of Remote Request of Official Checks" Form RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell and Deputy John Sepenoski to shm 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 Prol!ram ,( Vote Record - Resolution 2006-508 yes/Aye N()~ay Abstain Absent It! Adopted J\l~~ Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Seconder It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 It! Scott Russell Seconder It! 0 0 0 2006-509 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Authorize and Direct the Town Clerk to Advertise for Bids for Emergency Generators RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for emerl!enCV l!enerators for the Southold Town Hall. Southold Hil!hwav 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. Page 14 June 6, 2006 Town of Southold Board Meeting Minutes ./ Vote Record - Resolution 2006-509 yes/Ay(: NOlNay Abstain Absent Ii'! Adopted Albertl<.rupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2006-510 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to North Fork Beach Volleyball to Park Vehicles of Participating Players and Observers, on the East and West Sides ofLuthers Road From the Corner ofNaugles Drive to the Mattituck Park District Parking Lot RESOLVED that the Town Board of the Town of Southold hereby !!rants permission to North Fork Beach VoUeybaU to park yehicles ofparticipatin!! players and observers. on the east and west sides of Luthers Road from the corner of Nau!!les Driye to the Mattituck Park District parkin!! 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 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 NOlNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans . yater 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2006-511 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Whole Town General Budget - Piping Plover Management RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Whole Town General budl!et as foUows: Page 15 June 6, 2006 Town of Southold Board Meeting Minutes From: A.2770.20 To: A.8720.4.400.100 Nature Conservancy Grant $3500.00 Fish & Game Piping Plover Management $3500.00 ./ Vote Record - Resolution 2006-511 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Seconder iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Initiator iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 iii Scott Russell Voter iii 0 0 0 2006-512 CATEGORY: DEPARTMENT: Budget Modification Highway Department ModifY the 2006 Highway Fund Part Town Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Hi2hwav Fund Part Town bud2et as follows: To: DB.511 0.4.1 00.1 00 DB.511 0.4.1 00.925 DB.5110.4.100.960 DB.511O.4.100.995 DB.511O.4.400.600 General Repairs, C.E. Supplies & Materials Miscellaneous Supplies $10,000.00 General Repairs, C.E. Supplies & Materials Lumber 1,800.00 General Repairs, C.E. Supplies & Materials Drain Pipe/Rings/Covers 6,000.00 General Repairs, C.E. Supplies & Materials Signs & Sign Posts 1,200.00 General Repairs, C.E. Contracted Services Other Contracted Services 2,000.00 Page 16 June 6, 2006 Town of South old Board Meeting Minutes DB.5130.2.500.400 Machinery, E. & e.o. Other Equipment Radio Equipment 2,049.00 DB.5140.4.100.125 Brush & Weeds/Miscellaneous, e.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.511 0.4.1 00.975 General Repairs, e.E. Supplies & Materials Steel 1,800.00 DB.511 0.4.1 00.975 General Repairs, C.E. Supplies & Materials Steel 6,000.00 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 NolNay Abstain Absent It! Adopted Albert Krupski Jr. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Seconder It! 0 0 0 0 Tabled Thomas H. Wickham Initiator It! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 It! Scott Russell Voter It! 0 0 0 2006-513 CATEGORY: Retirement/Resignation Page 17 June 6, 2006 Town of South old Board Meeting Minutes DEPARTMENT: Police Dept Accept the Letter of Intent to Retire From Police Officer Gary M. Charters RESOLVED that the Town Board of the Town of Southold hereby accepts the letter of intent 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 Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2006-514 CATEGORY: DEPARTMENT: Budget Modification Public Works Mofidy the 2006 General Fund, Whole Town Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!.et as follows: From: A.2025.00 Special Recreation Facilities Park & Playground $45,000 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 Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2006-515 CATEGORY: Sanitary Flow Credits Page 18 June 6, 2006 Town of South old Board Meeting Minutes 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 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 Page 19 June 6, 2006 Town of South old Board Meeting Minutes 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 (I) sanitary flow credit is available from the parcel; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places one (I) 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 FURTHER RESOLVED that the Town Clerk shall enter this transfer of 1 (one) sanitary flow credit into the Sanitary Flow Credit LOl!; and, be it FURTHER RESOLVED 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 NofNay Abstain Absent Ii'! Adopted A}~<::rtJ(rupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2006-516 CATEGORY: DEPARTMENT: Bid Acceptance Town Clerk Accept Bids for Pump-Out Boats RESOLVED that the Town Board of the Town of South old hereby accepts the bid of 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. Page 20 June 6, 2006 Town of Southold Board Meeting Minutes ./ Vote Record - Resolution 2006-516 Yes/A.ye No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voler iii 0 0 0 0 Defeated Daniel C. Ross Initiator iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 iii Scott Russell Voter iii 0 0 0 2006-517 CATEGORY: DEPARTMENT: Close/Use Town Roads 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 RESOLVED that the Town Board of the Town of South old hereby l!rants permission to the Mattituck Fire Department to close Sound A venue, Mattituck between Lipco Road and Westphalia Road on Sundav, June 11.2006 between 8:30 AM and 12 noon provided they file with the Town Clerk a One Million Dollar Certificate ofInsurance naming the Town of South old as an additional insured and notify Capt. Flatley immediately to coordinate traffic control. ./ Vote Record - Resolution 2006-517 Yes/Aye No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Initiator iii 0 0 0 0 Adopted as Amended William P. Edwards Seconder iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 iii Scott Russell Voter iii 0 0 0 2006-518 CATEGORY: DEPARTMENT: Seqra 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 ofthe 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 Page 21 June 6, 2006 Town of Southold Board Meeting Minutes 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 ofthis 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. ./ Vote Record - Resolution 2006-518 Yes/Aye N()fNay Abstain Absent 0 Adopted J\l~~.I<J:ltp~1<iJr. Seconder 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-519 CATEGORY: DEPARTMENT: Seqra 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 RESOLVED that the Town Board of the Town of South old hereby determines 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 pursuant to SEQRA rules and regulations, and is not subject to further review under SEQRA. ./ Vote Record - Resolution 2006-519 Yes/Aye .NlJfNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 Page 22 June 6, 2006 Town of South old Board Meeting Minutes 2006-520 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District SWMD Budget Mods 6/06/06 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 budl!:et as follows: From: SR.8160.4.100.566 (Maint-Cat Quarry Truck) $ 3,000 To: SR.8160.4.100.581 SR.8160.4.100.646 (Maint-Kenworth Tractor (Maint-Mechanic Vehicle) $ 2,000 $ 1,000 ./ Vote Record - Resolution 2006-520 Yes/Aye NolNay Abstain Absent Ii'] Adopted Albert Krupski Jr. Voter Ii'] 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'] 0 0 0 0 Defeated Daniel C. Ross Voter Ii'] 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'] 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'] Scott Russell Voter Ii'] 0 0 0 2006-521 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification for Traffic Study RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budl!:et as follows: To: A.I 01 0.4.500.500 From: A.9730.7.000.000 Town Board Planning Consultants $ 70,000.00 Debt Service Bond Anticipation Note Interest $70,000.00 Page 23 June 6, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution 2006-521 yesh\ye NolNay Abstain Absent 6'1 Adopted Albert Krupski Jr. Initiator 6'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 6'1 Scott Russell Voter 6'1 0 0 0 2006-522 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Amends Resolution #482, Adopted At the May 23, 2006 Regular Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby amends resolution #482. adopted at the Mav 23. 2006 relwlar Town Board meetinl! to read as follows: 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 Southold's employ, at a salary of $49,865.42 (Step 4), effective June 12.2006. ./ Vote Record - Resolution 2006-522 Yes/Aye NolNay Abstain Absent 6'1 Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 6'1 Scott Russell Voter 6'1 0 0 0 2006-523 CATEGORY: DEPARTMENT: Close/Use Town Roads 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 RESOLVED that the Town Board of the Town of South old hereby l!rants permission to The Nature Conservancy to park overflow vehicles of l!uests participatinl! 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. Page 24 June 6, 2006 Town of Southold Board Meeting Minutes .,/ Vote Record ~ Resolution 2006~S23 Yes/Aye No/Nay Abstain Absent IiJ Adopted Albert Krupski Jr. Voter IiJ 0 0 0 0 Adopted as Amended William P. Edwards Seconder IiJ 0 0 0 0 Defeated Daniel C. Ross Initiator IiJ 0 0 0 0 Tabled Thomas H. Wickham Voter IiJ 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 IiJ Scott Russell Voter IiJ 0 0 0 2006-524 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Accept the Bid ofCorazzini Asphalt, Inc. to Supply Stone Dust/ Screenings to Fishers Island Ferry District RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt. Inc. to supply the town with 750 Cubic Yards of Stone Dust! Screeninl!s to Fishers Island Ferry District. in accordance with the plans and specifications prepared by James Richter. RA. Office ofthe Town Enl!ineer in the amount of$39,000, all in accordance with the Town Attorney. ./ Vote Record - Resolution 2006-524 Yes/Aye NolNay Abstain Absent IiJ Adopted Albert Krupski Jr. Seconder IiJ 0 0 0 0 Adopted as Amended William P. Edwards Voter IiJ 0 0 0 0 Defeated Daniel C. Ross Voter IiJ 0 0 0 0 Tabled Thomas H. Wickham Initiator IiJ 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 IiJ Scott Russell Voter IiJ 0 0 0 2006-525 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute a Verizon Business Service Agreement Between the Town of South old and Verizon Business Services RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Verizon Business Service Al!reement 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. Page 25 June 6, 2006 Town of Southold Board Meeting Minutes " Vote Record - Resolution 2006-525 y ~s/AY~ No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-526 CATEGORY: DEPARTMENT: Traffic Study 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 RESOLVED that the Town Board of the Town of Southold hereby retains the services of Schneider ERldneerin2, PLLC to conduct a traffic corridor study. includin2, without limitation, the impacts of the Cross Sound Ferrv, 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.l 01 0.4.500.500), 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 NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-527 CATEGORY: DEPARTMENT: Advertise Town Clerk Authorizes and Directs the Town Clerk to Advertise for the Position of a Part- Time Entry-Level Clerk Typist RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the 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. Page 26 June 6, 2006 Town of South old Board Meeting Minutes ./' Vote Record - Resolution 2006-527 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-528 CATEGORY: DEPARTMENT: Consulting 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 RESOLVED that the Town Board of the Town of South old hereby authorizes Supervisor Scott A. Russell to execute an A!!:reement retainin!!: Valerie Scopaz of VMS Plannin!!: 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 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2006-529 CATEGORY: DEPARTMENT: Close/Use Town Roads 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 RESOLVED that the Town Board of the Town of Southold hereby directs the Town Clerk to forward to the Hi!!:hway Department. Police Department and the NYS Department of Transportation. the proposal ofthe Mattituck Chamber of Commerce to close Love Lane in Mattituck from 5:00 p.m. on Saturdays until 5:00 p.m. on Sundays durin!!: the Summer months, for their reports and recommendations. Page 27 June 6, 2006 Town of South old Board Meeting Minutes .; Vote Record - Resolution 2006-529 Yes/Aye No/Nay Abstain Absent 1<1 Adopted Albert Krupski Jr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Seconder 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 1<1 Scott Russell Voter 1<1 0 0 0 2006-530 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize the Southo/d Town Supervisor to Initiate Action to Include, But Not be Limited To, Working with East End Lighthouses, Representatives of County, State and Federal Governmentfor the Preservation of the Lighthouses As Aids to Navigation WHEREAS the United States Govenunent started erecting lighthouses in Southold Town in 1806, and because of the importance of lighthouses to the maritime safety of the local waters, 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 Govenunent 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. Govenunent 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 that the Town Board of the Town Southold, authorize the South old Town Supervisor to initiate action to include. but not be limited to. workinl!. with East End Lil!.hthouses (a local not-for-profit entity established specificallv for the preservation of Southold Town Offshore Lil!.hthouses). representatives of County. State and Federal Page 28 June 6, 2006 Town of South old Board Meeting Minutes Government for the preservation of the above lil!hthouses as Aids To Navil!ation in recol!nition of the important role thev plav in providinl! safe navil!ation throul!h the above recol!nized hazardous channels. ./ Vote Record - Resolution 2006-530 Yesl~ye NOlNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 Ii'I Scott Russell Voter Ii'I 0 0 0 2006-531 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appointment to Emergency & Disaster Preparedness Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Karen McLaul!hlin effective Januarv 1,2006 at a compensation of $2,500.00, and Ben Burns effective June 20. 2006 at no stipend, to the Emerl!encv & Disaster Preparedness Committee. ./ Vote Record - Resolution 2006-531 0 Yes/Aye No/Nay Abstain Absent Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 Ii'I Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Next: Jun 20, 2006 4:30 PM Louisa P. Evans Voter 0 0 0 Ii'I Scott Russell Voter Ii'I 0 0 0 2006-532 CATEGORY: DEPARTMENT: Enact Local Law 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 South old, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Size Limitations on Retail Uses", and Page 29 June 6, 2006 Town of South old Board Meeting Minutes WHEREAS 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; 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 that the Town Board hereby ENACTS the Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses" which reads as follows: LOCAL LAW NO. 8 OF 2006 A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The goals of the Town of South old, 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 ofthe 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 Page 30 June 6, 2006 Town of South old Board Meeting Minutes 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: S 100-13. Definitions. GROCERY STORE - A retail establishment dedicating 70 percent or more of its floor area to the sale of prepackaged or perishable food items. S 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: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(I), 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 anvbuilding (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business, Office and Industrial Districts. Such retail stores greater than 3,000 total square feet shall complv 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 standardized building mass shall be prohibited. For the purposes of this Section, the term "standardized" shall include an arrav of articulated elements, lavout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. Page 31 June 6, 2006 Town of Southold Board Meeting Minutes b. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. 11. Building walls that face public streets, connecting pedestrian walkwavs, or adiacent 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, where practical 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 ofthree (3) feet and eight (8) feet above the grade of the walkwav for no less than sixty 60% of the horizontal length of the building facade. 111. 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. 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/proiections; (d) Arcades; ( e) Raised corniced parapets over the door; (f) Peaked roofforms; (g) Arches; (h) Outdoor patios; (i) Displav windows; Page 32 June 6, 2006 Town of South old Board Meeting Minutes (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; 1. Smooth-faced gray concrete block. painted or stained concrete block. unfinished tilt-up concrete panels; 11. Field-painted or pre-finished standard corrugated metal siding; ( c) Signage I. 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. 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 where practical. 2. New construction along primary pedestrian walkways within the Hamlet Centers shall have a zero (0) or minimum setback from the sidewalk/front property line. whenever possible. to reinforce the "Main Street" street wall. Page 33 June 6, 2006 Town of Southold Board Meeting Minutes (e) Off-Street Parking I. 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 South old Town Code. 2. Parking areas shall be screened from adiacent properties. streets and public sidewalks. pursuant to & 100-214. Landscaped Parking Area. (22) Grocerv Stores UP to a maximum of 25.000 square feet of grOSS floor area. exclusive of unfinished basements or attic areas. notwithstanding the provisions of the bulk schedule. 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 bv 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 (excluding unfinished basement and attic areas). subiect to the following requirements: (a) Compliance with the retail building standards listed below. in addition to the site plan requirements of this Chapter. I. Building Massing and Facade Treatment a. Variation in Massing 1., A standardized dominant building mass shall be prohibited. For the purposes of this Section. the term "standardized" shall include an array of architectural elements. lavout. design. logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. g. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. Page 34 June 6, 2006 Town of South old Board Meeting Minutes 111. Building walls that face public streets. connecting pedestrian walkways. or adiacent deyelopment 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. where practical 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 walkwav for no less than sixty 60% of the horizontal length of the building facade (sJ Buildings shall achieve architectural yariation through the inclusion of architectural features such as columns. ribs or pilasters, piers. changes in wall planes and changes in texture or materials consistent with the architecture of adiacent buildings and community character. IV. Awnings. (a) Awnings shall be no longer than a single storefront. (Q) 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- Page 35 June 6, 2006 Town of South old Board Meeting Minutes 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; (t) Peaked roofforms; (g) Arches; (h) Outdoor patios; (i) Displav windows; G) 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- !ill window are prohibited. 2. Building Materials a. All buildings should be constructed or clad with materials that are durable, economicallv-maintained, and of a Qualitv that will retain their appearance over time, including, but not limited to, natural or synthetic stone; brick; stucco; integrallv-colored, textured, or glazed concrete masonry units or glass. b. Exterior building materials shall not include the following; 1. Smooth-faced grav concrete block, painted or stained concrete block, unfinished tilt-up concrete panels; 11. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements, including trademark logos, service Page 36 June 6, 2006 Town of Southold Board Meeting Minutes 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 where practical. b. New construction along primary pedestrian walkways within the Hamlet Centers 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 bv Article XIX, of the Town of South old Town Code. b. Parking areas shall be screened from adiacent 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. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis of the proiected impact of the retail store( s) on: 1. The existing local retail market. including market shares. if applicable. Page 37 June 6, 2006 Town of South old Board Meeting Minutes 11. The supplv and demand for local retail space. 111. 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. VI1. Impacts on municipal taxes. V111. Impacts of property values in the community. IX. Effects on retail operations in the surrounding market area. x. Emplovee housing needs. if applicable. Xl. The Town of Southold's abilitv to implement its Comprehensive Plan consistent with the proposed proiect. ~ 100-10 1. 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 ~ I 00-9IA(3) to (22) ofthe 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 (excluding unfinished basement and attic areas), notwithstanding the provisions of the Bulk Schedule for Business. Office and Industrial Districts. Such retail stores greater than 4.000 total square feet shall complv with the retail building standards for B Districts listed below. in addition to the site plan requirements of this Chapter. I. Building Massing and Facade Treatment a. Variation in Massing i. A standardized building mass shall be prohibited. For purposes of this Section. the term "standardized" shall include an array of architectural elements. lavout. design. logos or similar exterior Page 38 June 6, 2006 Town of Southold Board Meeting Minutes features that have been applied to four (4) or more retail buildings nationwide. 11. Exterior building walls facing side vards shall include materials and design characteristics consistent with those on the front of the building. 111. Building walls that face public streets. connecting pedestrian walkwavs, or adiacent 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 1! 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/proiections; (d) Arcades; ( e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Display windows; Page 39 June 6, 2006 Town of Southold Board Meeting Minutes (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- .!!l2 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: 1. Smooth-faced gray concrete block. painted or stained concrete block. unfinished 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 where practical. Page 40 June 6, 2006 Town of Southold Board Meeting Minutes 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 bv Article XIX, of the Town of Southold Town Code. b. Parking areas shall be screened from adiacent 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 bv 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 (excluding unfinished basement and attic areas), subiect 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. I. Building Massing and Facade Treatment a. Variation in Massing i. A standardized building mass shall be prohibited. For purposes of this Section, the term "standardized" shall include an array of architectural elements, lavout, design, logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. 11. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. Page 41 June 6, 2006 Town of Southold Board Meeting Minutes 111. Building walls that face public streets, connecting pedestrian walkwavs, or adiacent 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 sixtv percent (60%) ofthe facade. IV. Buildings shall achieve architectural variation through the inclusion of architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials consistent with the architecture of adiacent buildings and communitv character. 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, highlv-visible customer entrance( s) featuring no less than three (3) ofthe following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/proiections; (d) Arcades; (e) Raised corniced parapets over the door; (t) Peaked roofforms; (g) Arches; (h) Outdoor patios; (i) Displav 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 Page 42 June 6, 2006 Town of Southold Board Meeting Minutes landscaped areas and/or places for sitting. V11. 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 Qualitv 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; 1. Smooth-faced gray concrete block. painted or stained concrete block, unfinished tilt-up concrete panels; 11. 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 where practical. 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 Page 43 June 6, 2006 Town of Southold Board Meeting Minutes facade of the building( s) and the primary abutting street. Adequate parking shall be proyided in accordance with that required by Article XIX. of the Town of South old Town Code. b. Parking areas shall be screened from adiacent 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 haye an undue adyerse 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. The study shall be completed within ninety days of receipt of all requested materials and the applicant shall be afforded the opportunity to submit its own such study. The Planning Board shall make such determination within thirty days of its receipt of the study. Such study shall include an analysis ofthe proiected impact of the retail store( s) on: 1. The existing local retail market. including market shares. if applicable. !h The supply and demand for local retail space. 111. Local wages. benefit and employment. IY. Revenues retained within the local economies of the Town of Southold. v. Public service and facilities costs. VI. Public revenues. V11. Impacts on municipal taxes. V111. Impacts of property values in the community. IX. Effects on retail operations in the surrounding market area. x. Employee housing needs. if applicable. Xl. The Town of South old's ability to implement its Comprehensive Plan consistent with the proposed proiect. 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. Page 44 June 6, 2006 Town of South old Board Meeting Minutes IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. " Vote Record - Resolution 2006-532 yes! Aye N()!NllY Abstain Absent 0 Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'! 0 0 0 Ii'! Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Next: Jun 20, 2006 4:30 PM Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 2006-533 CATEGORY, DEPARTMENT, Enact Local Law Town Clerk Enact a Local Law In Relation to Minor Exempt Actions List of the weRL WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistencv 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 that the Town Board of the Town of South old hereby ENACTS the Local Law entitled, "A Local Law in relation to Amendments to the Minor Exempt Actions List of the Waterfront Consistencv Review Law" reads as follows: LOCAL LAW NO.l2006 A Local Law in relation to Amendments to the Minor Exempt Actions List ofthe Waterfront Consistency Review Law. BE IT ENACTED by the Town Board of the Town of Southold as follows: Page 45 June 6, 2006 Town of Southold Board Meeting Minutes 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 South old is hereby amended as follows: ~ 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 ofland 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; Page 46 June 6, 2006 Town of South old Board Meeting Minutes 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; 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 oflocallandmarks 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 accessorv to existing permitted primary Page 47 June 6, 2006 Town of South old Board Meeting Minutes structures. and which accessorv structures are greater than 50 feet from a tidal wetland; DD. Pervious residential drivewavs greater than 50 feet from a wetland; EE. Upgrades to existing fuel tanks; FF. Cutting phragmites to greater than 12 inches and vegetative restoration; GG. Bulkhead to replace existing bulkhead on the applicant's propertv in the same location with a silt curtain emploved 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 l'lo/r'iay Abstain Absent 0 Adopted Al~ert KrupskiJr. Seconder '" 0 0 0 '" Adopted as Amended William P. Edwards Voter '" 0 0 0 0 Defeated Daniel C. Ross Initiator '" 0 0 0 0 Tabled Thomas H. Wickham Voter '" 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 '" Scott Russell Voter '" 0 0 0 2006-534 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Release Mark Easter From the Position of Operations Manager Effective Immediately WHEREAS Mark Easter relinquished his Captains license to the Coast Guard and therefore does not now meet the minimum requirements to hold the position of Marine Operations Supervisor, now therefore be it RESOLVED that Mark Easter is hereby released from the position of Marine Operations Supervisor effective immediatelv, Page 48 June 6, 2006 Town of South old Board Meeting Minutes .; Vote Record - Resolution 2006-534 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 Ii'! Tabled Thomas H. Wickham Ii'! 0 0 0 0 Withdrawn Voter Next: Jun 20, 2006 4:30 PM Louisa P. Evans Voter 0 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 37. Statement SUPERVISOR RUSSELL: The last item that is on the agenda, #534, it is an issue regarding the employment of the Fishers Island Ferry District, we are going to table that until the next Town Board meeting. That being said, we have closed the formal part of this meeting and I would like anybody to please come up and address the Town Board on issue of mutual interest. DORIS MCGREEVY: Hi. Doris McGreevy, Mattituck. Ten years ago, a little over 10 years ago, I came here with a request to help the problems that were going on at Mattituck Inlet. And Jean Cochran was good enough to have the foresight to go ahead and put in a request that through the state that Mattituck Inlet be studied as to the navigational problems that were arising and the erosion in the area and after that, I think Josh Horton continued in the same manner and we have now had a study through the Army Corp and it has lasted at least a three year study or more, $300,000 has been spent on this project and throughout it all, from the inception, I have been there. Okay? And I have been there every step of the way. I have attended every meeting. I have a lot of information. We were used as resources when the administrations were changed because we had all the necessary detailed information. Now, why am I saying that? Because I feel right now, after 10 years, they have completed the study and we are having I think one final meeting and then it will probably go to the public. The meeting was set for March 17th. However, we were informed, my husband and myself, that we are dis-invited to this meeting. The Army Corps has cut us out, the DEC representative said the same thing. We spoke to them. What happened? Well, they gave us a couple of reasons, okay? One, it has to deal with money. Well, we have seen them deal with money before at many meetings. The other, oh, we have legal issues. Well, we have seen them grapple with legal issues over the years. The third one was, it is sensitive. Well, we have seen the sensitivity throughout the years, okay? And I feel that we have earned the right to attend this meeting. We are the public, this is for the public. Everyone here supposedly is supposed to be supporting the public and serving the public. Well, the public can't go to the meetings that they are going to have concerning Mattituck Inlet. Now, 1 have to show you this, one little thing here. This is a very important study. This is the study that the Army Corp did and it was completed. However, they wouldn't release it. Even though it was marked 'for the public'. So, we had to go through the Freedom of Information law to obtain this through the state. Because the federal goverrunent released this to the state and once they did that, we found out we did have a right. And then when we got it, we saw that it was released to the public. And we took a good look at it, okay? And they gave three alternatives for the problem of Mattituck Inlet. And they were navigational problems, erosion problems, breaching problems, flanking problems, all going on at this inlet. They gave three alternatives and although it was not one of the ones that we had envisioned, they didn't even study what we envisioned because we feel it was a costly thing and they didn't want to go that way but what they did was come out with something that we felt was acceptable. Okay? So we basically agreed with how they are going to do it, what method, where they are going to put the sand, how Page 49 June 6, 2006 Town of South old Board Meeting Minutes are they going to move the sand. We don't know these things. We want to be privy to those things because the public needs to know. Now, from a conversation I had, my husband had with Rick Toy he said, well, call us and we will tell you the next day. Now, that is shutting out the public from the whole dialogue. And that is an insult, we feel. And it is unacceptable. I'm really very, very, I can't tell you how this really affects us because we have put a lot of work into this and we have been there from the beginning. Now, you can't ignore it. You can't ignore us. I am here and I am not going away. I mean, this is an outrage. I am asking your help. Just like I came 10 years ago and asked for help. I am asking for your help. The public needs your help and we need it because ultimately, I think the public has a right to have their dialogue, to have input and to have us at every meeting and then say, you know, you are not welcome. Oh, it is a private, it is internal; with all these different excuses. It is unacceptable. Now, what do they fear? I would like them to act more responsibly. This is the 21 st century and here is a short little, just a quick display of their third alternative, which they say they want to promulgate and we do, too, okay? Where they are going to take 125,000 cubic yards of sand. These two areas from the shoaling that has been trouble to navigation in the inlet, over here, which will leave at least 90 feet of beach that are there. I mean, you will get tired walking to the water, so they are okay. Over here, in this area, it doesn't show but in this picture you will see the shoaling here. There is shoaling that goes into the inlet and the yellow part is called the bypass shoaling. And that is extremely shallow water. That is a hazard to navigation. Now, in many of the conferences that we had, we invited the fishermen to come in. There are over 100 fisherman that use this inlet. There are marina operators and the boats, the pleasure boats for the people living there. They use this inlet. This bypass shoaling is showing that the sand is going out into the water and what are they doing about that? I mean, there are pointed questions here and I don't want to be told the day after and not have the ability to add our comments and ingest a lot of what they have to say. And I think it is totally unfair, it is unjust. And I am asking your help. The meeting is June 13 th and that is it. COUNCILMAN KRUPSKI: Where is the meeting? MRS. MCGREEVY: It wasn't disclosed to us. COUNCILMAN ROSS: Who is having the meeting? SUPERVISOR RUSSELL: We are the host... MRS. MCGREEVY: You are hosting. SUPERVISOR RUSSELL: It is the Army Corps of Engineers and the State DEC legal representatives from the jurisdictions and our jurisdiction. COUNCILMAN KRUPSKI: Why wouldn't that be public? COUNCILMAN ROSS: Why wouldn't that fall under the open meetings law? That is, you know, I don't understand but we will look into it. Meetings have to be open, with certain open. Page 50 June 6, 2006 Town of Southold Board Meeting Minutes COUNCILMAN KRUPSKI: That doesn't make any sense. We know you have been very active, getting the inlet dredged last time. MRS. MCGREEVY: Yeah. COUNCILMAN KRUPSKI: It is the Army Corps' responsibility to keep it open, it is a federal anchorage. And they have been sort of, they always seem to drag their feet when it comes to maintenance of the channel but and you know, it is easy to recognize your involvement down there and the work you have done down there. I know you have worked with Jim King and it has been important. So there is no reason why it should be a closed meeting though. SUPERVISOR RUSSELL: I agree. Unfortunately, their legal counsel doesn't and they have as much as suggested that they won't have the meeting and I don't want to lose the opportunity to have the 111 finally. But certainly we have been trying to force the issue and as we all know, they are not mere members of the public. They are the engines that have been fueling this for over a decade. And they have been probably more knowledgeable on this issue than probably the Army Corps themselves. I thought it was set for the 12 ? Is it the 13th? We will double check that. COUNCILMAN WICKHAM: The meeting will be held here, in this building? SUPERVISOR RUSSELL: It will be here, at Town Hall. We haven't worked out the details. MRS. MCGREEVY: Will the Town Board be there? SUPERVISOR RUSSELL: To my knowledge, no. But I will certainly find out all the details. I have talked to you about that, I know. I actually met with Jack yesterday and talked about a little bait and switch, appointing you formal deputy supervisors to give you formal standing with the town for a couple of weeks. I am not sure that is something that is feasible but I certainly talked to Jack about those options of getting you in there. Because of your knowledge and your need to be there. UNIDENTIFIED: And I thank her, I have never met this woman but I am so impressed with the way she has conducted herself and the verbiage. It is a little frightening to me to think that if this is what a concerned citizen gets at the end of all that hard work, there is something wrong with a system that doesn't validate it rather than suppress it and the very act of suppressing gets the back of my neck (inaudible). So I thank her and I hope you guys will do whatever. I understand the point that you are making about not wanting to jeopardize but even the fact that they are trying to put that much clout, what are they trying to have to divulge? It just doesn't seem to make sense to me, there is something going on but I can't describe what it can be. 38. Motion to recess to Public Hearing RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a public hearinl!. Page 51 June 6, 2006 Town of South old Board Meeting Minutes ./' Vote Record - Motion to recess to Public Hearinp Yes/Aye :NoINIlY Abstain Absent Albert Krupski Jr. Voter Ii'! 0 0 0 Ii'! Adopted William P. Edwards Seconder Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Withdrawn Thomas H. Wickham Voter Ii'! 0 0 0 Louisa P. Evans Voter 0 0 Ii'! Scott Russell Voter Ii'! 0 0 0 VII. Public Hearin~s Public Hearing # I SET JUNE 6, 2006, AT 8:00 PM, As THE TIME AND PLACE FOR A PUBLIC HEARING ON A LOCAL LAW IN RELA nON TO SIZE LIMIT A nONS ON RETAIL USES COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Size Limitations on Retail Uses" and -' NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 6th of June, 2006 at 8:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses" reads as follows: LOCAL LAW NO. OF 2006 A Local Law entitled, "A Local Law in relation to Size Limitations on Retail Uses". 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 ofland, 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 ofthe 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 ofthe 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 Page 52 June 6, 2006 Town of Southold Board Meeting Minutes 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 ofthe Code ofthe Town of South old is hereby amended as follows: S 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: A. Permitted uses. The following are permitted uses and, except for those uses permitted under Subsection A(I), 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 anv 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 complv 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 walkwavs. or adiacent 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 sixtv 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 propertv line or primarv pedestrian walkwavs and be transparent between the height ofthree (3) feet and eight (8) feet above the grade of the walkwav for no less than sixtv 60% of the horizontal length of Page 53 June 6, 2006 Town of South old Board Meeting Minutes the building facade. 111. 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. iv. Customer Entrances Buildings shall have clearlv-defined. highlv-visible customer entrance(s) featuring no fewer than three (3) of the following: (I) Canopies or porticos; (m) Overhangs; (n) Recesses/projections; (0) Arcades; (P) Raised corniced parapets over the door; (q) Peaked roof forms; (r) Arches; (s) Outdoor patios; (t) Displav windows; (u) Architectural detail such as tile work and moldings integrated into the building structure and design; or (v) 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 I. All buildings should be constructed or clad with materials that are durable. economically-maintained. and of a Qualitv that will retain their appearance over time. including. but not limited to. natural or synthetic stone; brick; stucco; integrallv-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 I. 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. 2. Florescent and backlit signs located within or on a building or structure and facing an exterior public space are prohibited. (d) Site Design I. The principal building entrance shall face the primary street frontage and/or sidewalk. 2. New construction along primary pedestrian walkwavs within Page 54 June 6, 2006 Town of Southold Board Meeting Minutes 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 bv Article XIX, of the Town of Southold Town Code. 2. Parking areas shall be screened from adiacent properties, streets and public sidewalks, pursuant to & 100-214. Landscaped Parking Area. S. 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 bv 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)), subiect 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 L 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. 111. Building walls that face public streets, connecting pedestrian walkwavs, or adiacent development shall meet the following standards: fa) 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 walkwavs and be transparent between the height of three (3) feet and eight (8) Page 55 June 6, 2006 Town of Southold Board Meeting Minutes feet above the grade of the walkway for no less than sixty 60% ofthe horizontal length of the building facade l.fl Buildings shall consist of a building bay or structural building system that is a maximum ofthirtv feet (30') in width. Bavs shall be visually established bv architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. NO yes IV. Awnings. (a) Awnings shall be no longer than a single storefront. (.11) 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, highlv-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 roofforms; (g) Arches; (h) Outdoor patios; (i) Displav windows; Page 56 June 6, 2006 Town of Southold Board Meeting Minutes G) 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- Jill 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; 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 South old Town Code. b. Parking areas shall be screened from adiacent properties, streets and public sidewalks, pursuant to & 100-2 I 4. Landscaped Parking Area. Page 57 June 6, 2006 Town of South old Board Meeting Minutes (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 proiected impact of the retail store(s) on: Xli. The existing local retail market, including market shares, if applicable. XliI. The supplv and demand for local retail space. Local wages, benefit and employment. Revenues retained within the local economies of the Town of South old. Public service and facilities costs. Public revenues. XVll1. Impacts on municipal taxes. XIX. Impacts of propertv values in the community. Effects on retail operations in the surrounding market area. XXI. Employee housing needs. if applicable. XXlI. The Town of South old's ability to implement its Comprehensive Plan consistent with the proposed proiect. XIV. xv. XVI. XVll. XX. 9100-101. 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(I), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (2) Any permitted use set forth in and regulated by 9 100-9IA(3) to (21) of the Hamlet Business District, except Subsection An) 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 anv 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. I. Building Massing and Facade Treatment a. Variation in Massing i. A single. large, dominant building mass shall be prohibited. 11. There shall be no blank, unarticulated, exterior Page 58 June 6, 2006 Town of South old Board Meeting Minutes 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 walkwavs. or adiacent 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 i! matte finish are permitted. Awnings with high gloss finish and illuminated. plastic awnings are prohibited. v. Customer Entrances Retail buildings shall have clearlv-defined. highlv- visible customer entrance( s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhang; (c) Recesses/proiections; (d) Arcades; ( e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Displav windows; U) Architectural detail such as tile work and moldings integrated into the building structure and design; or (k) Integral planters or wing waIls that incorporate landscaped areas and/or places for sitting. vi. Buildings containing a drive-through or drive- Jill window are prohibited. 2. Building Materials a. All primary buildings should be constructed or clad with materials that are durable. economicallv-maintained. and of a Qualitv that will retain their appearance over time. including. but not limited to. natural or synthetic stone; brick; stucco; integrallv-colored. textured. or glazed concrete masonry units or glass. Page 59 June 6, 2006 Town of South old Board Meeting Minutes 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 bv Article XIX. of the Town of South old Town Code. c. Parking areas shall be screened from adiacent properties, streets and public sidewalks. pursuant to & 100-214. Landscaped Parking Area. S. 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 mav be permitted as a special exception bv 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 anv 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), subiect 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. Page 60 June 6, 2006 Town of South old Board Meeting Minutes 111. Building walls that face public streets, connecting pedestrian walkwavs, or adiacent 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 sixtv percent (60%) of the facade. iv. Buildings shall consist of a building bav or structural building svstem that is a maximum of thirtv feet (30') in width. Bavs shall be visuallv established bv architectural features such as columns, ribs or pilasters, piers, changes in wall planes and changes in texture or materials. NO " " ~ 1 I ! YES 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 clearlv-defined, highlv- visible customer entrance(s) featuring no less than three (3) of the following: (a) Canopies or porticos; (b) Overhangs; (c) Recesses/projections; Page 61 June 6, 2006 Town of South old Board Meeting Minutes (d) Arcades; (e) Raised corniced parapets over the door; (f) Peaked roof forms; (g) Arches; (h) Outdoor patios; (i) Displav 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. 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. S. 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. Page 62 June 6, 2006 Town of Southold Board Meeting Minutes i. Parking areas shall be screened from adiacent 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 communitv. In making such a determination, the Planning Board shall conduct or hire a consultant to conduct a Market and Municipal Impact Studv. at the expense of the applicant. Such studv shall include an analvsis of the proiected impact of the retail store(s) on: i. The existing local retail market. including market shares. if applicable. 11. The supplv and demand for local retail space. Ill. 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. Vlll. Impacts of propertv values in the communitv, IX. Effects on retail operations in the surrounding market area. x. Emplovee housing needs. if applicable. Xl. The Town of South old's abilitv to implement its Comprehensive Plan consistent with the proposed proiect. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. COUNCILMAN WICKHAM: Very briefly, in summary, without wanting to go into all of the depth, the law is broken down into two, applies differently to two different zoning districts. The HB district and the business district. In the HB, the hamlet business zoning district, it allows as- of-right, a person to put up a retail establishment with up to 3,000 square feet, needing only to comply with site plan the way we have always done in the past. If the applicant wishes to have a structure between 3,000 and 6,000 square feet, he still has as-of-right the ability to do that, again complying with site plan but there are certain design standards that the Planning Board and the Architectural Review Committee will apply to see that it meets the design standards of that community. If this structure is more than 6,000 square feet in area, square footage of retail space, 6,000 to 12,000 square feet, it can still be accommodated through a special exception granted by the Planning Board upon application of the Planning Board, and with an impact statement conducted by the applicant, paid for by the applicant as to what impact this structure Page 63 June 6, 2006 Town of Southold Board Meeting Minutes will have on the community. Turning now to the business zone, what I described is for the hamlet business; turning now to business zoned properties, the same scheme applies, only the numbers are a little bit larger. For businesses up to 4,000 square feet as-of-right just comply with the site plan and it is, an applicant can come in with an application and it should be approvable. For square footage, retail square footage between 4,000 and 8,000 square feet, that also can be applied for, it can be granted but there are design standards applied by the Planning Board and the Architectural Review Committee will be applied. And finally, for square footage of a retail establishment between 8,000 and 15,000 square feet in a general business environment requires all of the above plus the impact statement that I described before. That is the crux of the local law that is up for public hearing tonight. I have before me several memorandums and several comments from people about this. I will try to summarize them. The first is from Jerilyn Woodhouse, chair of the Planning Board dated June 1. "The Planning Board supports the adoption of this law with consideration for the following comments. 1. We should insert the term 'standardized' to clarify the prohibited building types. This is in a design standard, a technicality. 2. We should define the term 'hamlet centers' as indicated several times in the draft language. If you have any questions or need comment, please contact the Planning Office." I have a communication from the Suffolk County Department of Planning, "Pursuant to the requirements of the administrative code, this application which has been submitted to the Planning Commission is considered to be a matter for local determination, as there is no apparent significant county wide or inter-community content." I have before me a completed full environmental assessment form, I have from Mark Terry, the Senior Environmental Planner and the LWRP coordinator for the Town, "The proposed action has been renewed in regard to Chapter 95, the Waterfront Consistency Review by the Town code and the Waterfront Revitalization Program policy standards. Based upon the information provided to this Department, as well as records available, it is my determination that the proposed action is consistent with policy standards and therefore is consistent with the LWRP." And I move to the next one, I have a record here that it has appeared as a legal in the Suffolk Times, a weekly newspaper published here on the 18th of May and I have a notice that it has appeared on the Town Clerk's bulletin board outside there. That is all the information. SUPERVISOR RUSSELL: Would anybody like to come before the Town Board to address this local law? PATRICIA MOORE: Pat Moore, I am here both as an attorney practicing in Southold with the regulations that are in the books today, reviewing these regulations. Also as a resident of Southold. So I wear two hats this evening. I am a local as well. My initial concern is that the way you have defined the statute with gross floor area; so you understand, when you identify something as gross floor area, gross, that is your definition here of how you calculate the square footage. You are including bathrooms, hallways, basements, so essentially and I will give you some examples because 6,000 - 3,000 is not a lot of space. For example, there is a building in Cutchogue, Malone Building. I am familiar with that one and the site plan that was adopted. The total square footage of gross floor area because it included a first floor of 8,600 square feet, a basement of 8,600 square feet and a mezzanine, which is an office, it totals 18,000 square feet. That is in gross floor area. That is not in fact what the retail space will include. If you look at just my own office, if that were retail space, 3,000 square feet of my office is basement. That is Page 64 June 6, 2006 Town of South old Board Meeting Minutes storage. So you can tell that size limitations, if you are dealing with boat sales or car sales, you need, for furniture sales, you need a large area of floor space but you also need a lot of storage. Again, these numbers really don't coincide with the type of businesses. You have cast a very broad net by defining all retail sales falling under this provision and you are going to be hurting a lot of existing businesses, certainly you have been seeing all the signs, no to CVS . Well, fine. Limit it to pharmacies, if that is what you are trying to catch. But if it is retail sales, you are going to be hitting a great many other properties. Also with respect to the design criteria, you specifically identify the 30 foot structural elements, I am not using the right term but there is a provision in our code that is directly in contradiction. I would suggest that if you adopt this, that you remove it from the code. Which is 183 C, that is the 60 foot rule. That law was put in the books to try to eliminate strip malls. Well, other Boards later on re-Iegislated and took strip malls off Route 48. But that provision of the code remains and now it is inconsistent with the design criteria that have been proposed here. As an example, where the little drawing says no and yes as far as a simplified example of what is intended here, the 30 feet at the center entrance and then the other 30 feet; well, that example violates the section 183. So I would suggest that that provision be certainly removed from the code. Every commercial application I have ever represented has needed a variance from the 60 foot rule because that rule was never considered with respect to the size of the property and if you read that law very carefully, I think the intention was what is proposed here which is the type of structural elements, breaking up the structural elements, so that you don't have a flat fal(ade of 60 feet. Well, every application I have ever submitted had that design element but because of the language of the 60 foot rule, we went to the Zoning Board. You also put a provision here that buildings containing, cannot, oh, prohibiting drive thru and drive up windows. I don't know why you have added that provision in there, it's paragraph B in the hamlet business. I don't know if a dry cleaner would be considered, in Florida I think dry cleaners actually have drive-thru's. There are uses that people are creative and they might provide a drive up window or a drive thru or even a walk thru. There are, you don't have to drive, it may be just a window. Speaking with respect, on behalf of the owner of the property not CVS, but the owner of the property that he has offered the Town of Southold, to sell the property to the Town of Southold. He has offered to build for the Town of Southold a new building office complex. You, sitting right here today in this building, would have to follow this provision and when you tried to resell your property, good luck in finding someone because you have a great deal of street frontage, very valuable street frontage on Main Road and this is the retail space. You could sell this building to someone interested in developing retail sales, whatever they might be and getting a brand new Town Hall. And leveraging the whole thing out so that it wouldn't cost the Town, really anything I think because of the values of the property. So the owner asked me to pass the message on to you. He still is interested in selling the property to the Town. He is interested in building a new Town Hall, if that was something that the Board would be interested in. I know the Board has been informed of this in the past. Those are my initial comments but I would urge you, please look at gross floor area because that is a serious flaw in this regulation, that is not, I believe the size of the properties you are trying to deal with are retail sales area. 3,000 feet of retail sales area and the incremental sizes that you are suggesting here. Thank you. COUNCILMAN KRUPSKI: I am sorry, Pat? How do we get this free Town Hall again? Page 65 June 6, 2006 Town of Southold Board Meeting Minutes MS. MOORE: Well, the proposal, Mr. Supervisor, do you want me to...? SUPERVISOR RUSSELL: I have to tell you, I actually met with the owner. I had actually floated this idea over a year ago, long before I was the Supervisor; as that location probably making a very suitable Town Hall location. It is more consistent with the residential uses in the back than retailing. Also, Southold Town Hall really doesn't need the road frontage that it has. We need enough to have a sign. Everybody knows where Town Hall is. This is prime real estate. I did talk with him. He was very amenable to this discussion of various options. My problem with the Town Hall proposal oflast year was that we have made a significant amount of capital investments over the past year or so and right now I don't want to go back to the taxpayers and say I need another $5.5 million to build a new Town Hall. We just spent $4 million at the landfill. We have to build an animal shelter, I think that should be, I think everyone would agree, that is our next priority. So, I certainly think we should keep those options and those discussion open. MS. MOORE: That would be a great spot for the animal shelter. SUPERVISOR RUSSELL: With that being said, that is a side of the issue... COUNCILMAN WICKHAM: It is not central to this hearing. SUPERVISOR RUSSELL: ... to this particular hearing. MS. MOORE: No but that... SUPERVISOR RUSSELL: But that is certainly something that I would like to sit down and discuss in the future. MS. MOORE: Right. The owner was very specific and said, please relay that offer again because this is all directed, again, you are trying to address a problem with a particular use that you don't want coming into this Town. That, this law really is going to end up including a lot of uses that are not the ones you are trying to target. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? John Nickles. JOHN NICKLES, JR.: Good evening. John Nickles, Jr. I am also the director of the Southold Business Alliance and I am representing them tonight with my comments. Reluctantly we are here this evening to talk about this issue. The town had tried to address the big box store issue in the past and we were very much part of that debate. The past solution to stopping a type of retail use coming to town was to rezone properties up on Route 48 but guess what? They are going to go somewhere. That could be in the hamlet of Southold, the hamlet of Cutchogue, it's in Mattituck. Wherever there is a suitable location, I guess it could pop up. I was one of the people that didn't think that there was enough demand. I still don't believe that there is enough demand. But what I have learned is that the business plan of a formula retail type business has to do with putting them in as many communities as possible, regardless of whether or not the demand is Page 66 June 6, 2006 Town of Southold Board Meeting Minutes there because they will choke out the local business person and they can do that by coming in and putting in super low prices, choke them out and then the prices go back up and you watch the Town change very rapidly after that. I think that what the Town is trying to do here, reluctantly may solve part of that problem. However, I think that it is a situation that we have to look at more carefully than what we have done so far. I think that these square footage numbers, I had not realized that based upon the Town's use of gross floor areas, that these numbers could actually be smaller. I think the Town Attorney and the Town Board should verify that if we are talking about the first floor or are we including basements as well because if we are including basements as well than there's probably a lot of people that are going to be affected by this that have existing retail establishments that are 1,500 square feet, 3,000 square feet and they are going to be subject to a lot of these new rules. It could be very difficult. So I think it would be very important before this Board passes that to look at that little technicality in the code as written. I think that the key thing here is, from talking to a lot of business people and talking to a lot of residents in the Town of Southold, people generally don't like change and that is understandable and that is human nature but what we are trying to do is we are trying to protect the type of town that we live in. And a lot of people move here because they don't want to have formula businesses lined up and down of the town that they have just moved into. They are here because it is sort of a mom and pop type of flavor and certainly the Southold Business Alliance supports that type of business in the town. I am not standing here to say that there are different types of retail uses that fall into a formula category and I am not trying to say that those uses do not belong in the Town of Southold, however, I think the Town is falling short by not recognizing that a formula type of retail use is different than a mom and pop type of retail use or any other type of retail use for that matter and I think that that is something that if you pass this law you are going to have you are going to have to look further towards use because this is not going to eliminate use. All you have done is control how big that new use that is coming into Town is going to be. You have to talk about use, you have done it in the past. I think that the Town Board has been advised that perhaps you are on dangerous legal ground by defining a particular type of retail use. If that is what the Town has been advised, I would suggest that they look to other communities and see what they have done; get a second, third, fourth, fifth opinion because it is being done elsewhere and I think it has stood up in court. I believe that even your Planning Board chairman and her original recommendation to the Town said that it had been done in a number of different places in the country and actually has stood up in court. That was one of their original proposals on how to deal with the issue that is in front of us, which was to look at use. So if there are people that are in this room that think that we are going to pass this law tonight and we are not going to have a CVS, we are not going to have a Starbucks, we are not going to have whatever the flavor of the day is for a retail establishment that fits under some type of a formula throughout our country, if they think that this law is going to stop that then I think that you know it and I know it, it is not going to. It is only going to control how it looks and how big it is. One of the things that is great about living in this town is being able to see that there is a difference from other towns, it is why I got involved with the Business Alliance. It is close to my heart, as a resident of the Town and I think that if the Town wants to do something that is really good for the residents of the Town, they could probably figure out how it is that they want the Town to look and defend it based upon what the traditional growth pattern of the Town has been. Drive from one end ofthe town to the other and I think you will count probably about 25 to 30 different types of franchises, whatever they are. From one end of town to the Page 67 June 6, 2006 Town of Southold Board Meeting Minutes other. And if you look at the development pattern, they are not, for the most part, have landed in any of our hamlet areas. They have landed in shopping centers. There is probably a reason for that. I don't know ifit has been our code has put them there, I am not sure that it has but that has been where these types of retail operations have landed. If the Town has any economic data behind what they are trying to do here tonight, I would think that that is something that should be forthcoming to its residents. If it doesn't have that type of economic data, I think that it should find it. I should have got up to comment about the SEQRA ruling saying there would be no, the resolution in here with regard to this proposal that says that this is an unlisted action and there is no environmental impact. One of my criticisms has always been, well, what is the economic impact? Is there any economic impact? I would like to see the Town Board figure out what the economic impact of this legislation is on the Town. We have serious tax base considerations, we have a lot of problems here and I think that we have turned a blind eye to the business community for too long and you have to recognize that it is a healthy part of what we are trying to do. I think you have to understand that. And you have to do some things that are pro-active. To me, a lot of these purposes that we write in all of laws, they pay lip service to balanced economies and you know, diversified populations. What does it say in the purpose here? But I have never seen the Town actually do what is required to understand whether or not they are promoting a good economic base, a good tax base, a healthy, thriving small business community. I would like to see that. I think there are a lot of business people that would like to see that. And I think it would be good for the Town. I am getting a little bit off track, so let me get back on track. Other people want to speak. I am concerned about how many businesses a law like this is going effect. I think that you have to have a little bit more analysis than the square footage inventory that you took at the initial stage of this process. I think you need to know what the build-out actually looks like and what is possible under our laws, not just you have this many acres of HB or B zone property and it allows 40 % lot coverage, therefore you come up with a number because that, you have to have something else to add to that formula because that takes into consideration probably the biggest thing that is going to affect how much retail space someone has. What is the parking requirement going to be for retail? You have got to factor that in. I think specifically the things about this law, I thought that there was discussion about exempting grocery stores. I don't see, I have looked back and read this a couple of times, I don't see how the grocery stores are being exempted from this. I think grocery stores are different types of uses than the department store or some of these other retail mom and pop shops. They should be treated differently. Just as a mom and pop shop should be treated differently than a formula retail department store, which has a different threshold of how they are going to operate. And I think that if the town is willing to recognize that there are certain types of uses, retail, that are different from the rest there is nothing wrong with defining what that is. You have done that with your fast food restaurants, your formula restaurant legislation. If there is something wrong with that, then I guess you have to fix it but I don't understand why this Board will not touch addressing what the crux of the problem is here. We are trying to regulate a particular type of use that is coming into the Town. Instead we are lumping everybody, anybody that is retail, grocery stores, tiny little retail shops and we are lumping them all together with formula retail department stores and others. The Town has zoning powers. You should use them. There is a reason why you have these different uses allowed in the B zone, the HB zone, it is why we have places for farming and parks and for beaches. It is why we don't have a gas station out in Bayview. It is the same thing in my opinion and I think that the Town should look a little bit Page 68 June 6, 2006 Town of South old Board Meeting Minutes closer at that. I have a lot of other comments to make perhaps I will get another opportunity to make later. SUPERVISOR RUSSELL: Thank you. Would anyone else like to address the Town Board? Tom McCarthy? TOM MCCARTHY: Good evening. I want to submit for the record a letter from Mr. Charlie Reichert, who owns the Southold IGA in town. And I want to preface my comments by saying it is very easy to find fault with something that someone else develops and puts forward and it is easy to sit here and throw darts at what you have done but you have had a very difficult task of trying to respond to the citizens of the town and not wanting to change. And I think you have come up with something that anyone can throw darts at, any day of the week but you have to move forward with some sort oflegislation in order to protect the character of the Town. I know that, I understand that and I appreciate that. I do think that Pat Moore pointed out some really good points and some things that would definitely if I were in your chair cause some pause with moving forward with enacting this as we see it this evening, if that is your intention. And John Nickles brought up some other points as well. I just want to read the letter from Mr. Reichert to the Board, if I may so the rest of the public can hear it. "June 6, 2006. To the Members of the Town Board, I have some serious concerns regarding the proposed big box legislation that you are about to enact. As previously stated in my correspondence to your Board on December 14, 2005, I feel th this law will have a detrimental effect on my business and its future in Southold. I feel that grocery stores should be wholly exempt from this legislation. I will reiterate some of these concerns. I presently own the 16,000 square foot IGA building in the hamlet business zone in Southold. My building also houses a luncheonette as a tenant. Under the proposed legislation, I would become non-conforming. Your legislation says that I am not a welcome business within the Town. If the luncheonette closes or decides to move, I can't occupy this space that I already own because I would not conform to the new legislation. I have constant requests from our customers who love our store but wish for us to expand in order to provide a greater variety of food choices. I presently cannot accommodate them and many travel to Cutchogue or Mattituck for their shopping. At the price of gas today this becomes an increasing burden. I feel that you are creating a virtual monopoly for the other food stores in Town, ie: King Kullen and Waldbaums at well over 40,000 square foot each not including the other tenants in their shopping centers. As I understand your law, your definition of retail includes my supermarket. Is it a supermarket that serves the daily needs of our residents that you are trying to stop? The way I understand it, none of the three major grocery stores in Town will ever be able to have one more additional square foot of space, regardless of how many people move here. I understand and appreciate the development pressures that are on our town, however, with the inevitable growth that we will experience as we get to our ultimate buildout, all of our residents still need to eat every day. Why does this proposed law affect me? I urge this Board to change its definition of retail at the very same moment that it passes any new legislation that would negatively affect my business. This plan has far reaching effects that still have not been properly dealt with to my satisfaction. Thank you for your time and serious consideration. Sincerely, Charlie Reichert Southold IGA." So there is obviously some issues within some ofthe definitions as we are calling out that I think will really impact the rest of the residents in town if it moves forward as it is proposed. The few other points, going through this, the proposed law Page 69 June 6, 2006 Town of Southold Board Meeting Minutes allows an impact analysis to be done by the Planning Board or by a consultant hired by the Board paid for by the applicant but it does not allow the applicant to do its own impact analysis. I think that that is something in a level of fairness that an applicant should be able to provide an analysis or have their own firm provide an analysis and this legislation doesn't allow that to happen, for the consideration of the Board. It also doesn't deal with non-conformity, as it is presently written, if you did have a 6,000 square foot store with a 6,000 square foot basement, you would fall under the economic impact analysis so if you needed an extra 100 feet you would have to jump through those hoops because you wouldn't be conforming to what is happening. This does not deal with non-conformity in any way and that leaves it up to the building inspector and typically, the building inspector sends you back to the Zoning Board. I think for clarity that we ought to have an inventory of who does this law effect? I know that the Town GIS department went through and I was privy to some of those meetings and had some input on this but I think you have an inventory of how many structures are out there, how many businesses have what sizes. I think that it would be incumbent upon the Board to at least contact and notify those people that will become non-conforming with the passage of the legislation. I don't think that there are that many but I think it should be identified as to how many become non-conforming and what do they do. You know, how do they move forward if they do want to expand and they are over your thresholds? They are local businesses and they are really affected by it. As Pat Moore stated before, the basement in the definition I think is probably not what you are aiming for but the result of this is that it does encompass all areas of the building, whether they be mezzanines, first floor area bathrooms, corridors or basement. And I don't think that that is fair. As John Nickles mentioned before, this does nothing about franchises and everyone has to realize that. It could be a Starbucks, it could be a Barnes and Noble, it could be anyone else. Our character of our town, I feel, is still going to change. This goes one step towards changing the size of a building but over the course of the next five or ten years you are probably going to see things change more rapidly in the character of our town and our small town businesses, that may still change to other franchise type businesses and the community needs to be aware that this is not the legislation that will stop them, this is the one that will stop larger users. Additionally, there is nothing within the law that creates any sort of timeframe from the study to be completed by the consultant. The Planning Board has the ability to go out and hire a consultant at the applicant's expense and there is no time frame for which that consultant has a duty to answer back to the Board. Additionally, with your 30 foot massing, if you chose to 32 feet, do you have to go to the Zoning Board? Suppose there is a small little business, a nice little piece of property and somebody wants to put up a 40 foot cape cod or a colonial? Under this, you need to separate it into 30 foot bays. I think sometimes that is really impractical. Especially given some of the local architecture you know, in the individual hamlets. You have got the beautiful white building across the street from Bridgehampton National Bank, I believe the front fayade on that is wider than 40 feet, next to East End Insurance. I think you are going to lose some of the architecture that contributes to the character of the Town by saying that everything has to go and every 30 feet you need to change the direction of the shingles and the siding or here has to be siding and here has to be brick and here is something else. And having this be representative of what our architecture already is, that you should have some sort of relief mechanism built into the planning process that the Planning Board or whoever is going to be reviewing this has the ability to approve something that is consistent with the character but not consistent with the code. And I don't think that this code does that and I think that you are going Page 70 June 6, 2006 Town of South old Board Meeting Minutes to lose the ability to have some really good looking buildings that don't conform to the letter of your law. But I understand that you want to accomplish but I think that you miss it in that regard. Additionally, the door has to face the street. For instance, in the IGA, the door faces the parking lot. It is practical and it works. Is somebody going to have to go to the Zoning Board to put their door on the side or to face their parking lot or are the people going to have to walk around the front on the sidewalk? I just think that there is not enough practical interpretation built within the code to give the planners and the architectural review people that you have hired and that you trust to come up with good things for the town the ability to vary from your code without sending the applicant, the small business owner back to the Zoning Board at the discretion of the building inspector. So perhaps there could be a relief mechanism that in the foresight or the sight of the Planning Board or the Architectural Review Board that they may be able to vary some of these things if they deem that it is in the best interests of the application or the Town but your code doesn't have it. A lot of times it is impractical to put the door towards the street. If you are bringing people up and you have a handicapped access along the side of the building, you really should have that as close to the entrance as you could, especially with our population of senior citizens. That part of the code, I think, needs to be looked at. There are several other things here, so I encourage you to take a look at it because yes, it does solve our CVS issue apparently on the face of it, but there are a lot of other things that are behind it. As we travel down this road and I spend a lot of time in commercial real estate as both an investor, developer and work for other clients in other small businesses within our town and these are some real concerns that may or may not become evident to the Board or to the public unless you are involved in that on a day to day basis. So I really encourage you not to move forward in this exact form. I am happy to come back, I am happy to sit down. Bring it up next week or whatever it is. I certainly do not want to see CVS in our village. I know that it will effect negatively a lot of the other businesses but I think that all ofthe other businesses that are standing by silent that aren't necessarily savvy in planning and zoning and don't know how to dissect this, this is effecting them and they don't realize it. So I would encourage you to perhaps revisit this legislation based on some of these comments, the comments of Pat Moore and John Nickles and to really take a hard look because I think that as you cast that broad net, you are going to be hurting a lot of the smaller folks within the town. One last point is this, the code says that the faij:ade has to run on all four sides of the building. I think that you are creating, it has to be an articulated face I believe it says, on all four sides of the building. So there is no back of the building. So if you are spending $50,000 or $100,000 to make a beautiful faij:ade; well, you have to do it times one, two, three, four, the way that this is written. It doesn't give you the ability to have the back of the building a service entrance. The back of your building has to be broken up into 30 foot masses and different materials and different roof lines, it is impractical and it is costly and I don't think that existing pattern of development in town is done that way and I think that what you are trying to accomplish is perhaps to replicate or duplicate what we have and what we enjoy in our town and I don't think that this exactly does it but I take my hat off to you because I knew it took a lot to get to this point, you have to come up with something but I think with some tweaking you may have something that will work for a broader spectrum of the population. Thank you. SUPERVISOR RUSSELL: Thank you. Page 71 June 6, 2006 Town of Southold Board Meeting Minutes JOE CORTALE: My name is Joe Cortale, I live in Southold. I just have a couple of quick comments. I don't know who approved the CVS in Mattituck but I think we were better off with the bowling alley. It is horrible. I mean, if we are about to get that in this town, then something has to be done. And usually CVS gets what they want and they just keep pursuing the issue and they get what they want. So you have to do something to stop that. Maybe the code is not perfect but the gentleman just before me said that the architecture adding to the character of the town, surely the one in Mattituck doesn't do that. It is a typical big box store. And you know, we just don't want that here and that is why we are here tonight. Thank you. SUPERVISOR RUSSELL: Would anybody like to comment on this? KEVIN SHANNON: Kevin Shannon, I am a business owner and I live in Southold. Just two things, I would like second what John said in that I urge you to develop some kind of use formula. I think just the size requirements are not enough alone. The other thing that scares me the way you have written this and with the various architectural requirements and this and that, the, I don't think a small business could afford to do the studies that are necessary to get a building that conforms. I think that the only one that can do those studies and the only people that can afford to do them are the deep pocket chains or formula stores. So I would urge you to go back and maybe look at some of these provisions and maybe strengthen them a little bit. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody else like to comment? One last time, John. Keep it brief. I have got to make it to CVS, they close at 10:00. MR. NICKLES, JR.: Essentially, I want to tell this Board that you know, I was maybe a little passionate, it is not directed at the job that you guys have done, I just really think that if you don't look at use and figure out a way that is legal to talk about use and work that into your code, than you are missing probably a lot of the Town's home rule and zoning power, if you don't take advantage of that. And I just want to say that I appreciate the work that this Board has done so far. Thank you. SUPERVISOR RUSSELL: Thank you, John. Would anybody else like to address the Town Board on this public hearing? (No response) Hearing none, can I get a motion to close the hearing? COUNCILMAN KRUPSKI: We did, and this is one of those things that this Board inherited and we did look a lot at the formula usage and that didn't seem to be a situation that we could easily grapple with and I think we decided to go with the size issue because that was one that we could keep out not so much the Starbucks but the K-Marts and the Home Depots and the Wal- Marts. The really big stores from coming in and there are properties in town that they could mass and they could come in and as a response to comments from the community, we went from a 3 to 4,000 square foot limit to a 6 to 8,000 square foot limit on this. We did double that and I do have to say I do appreciate all the comments, thoughtful comments that we did get tonight. Because that is how a good law, that is why we live in Southold because people were willing to come out tonight and sit here and listen to us and give us good comments on how to craft Page 72 June 6, 2006 Town of South old Board Meeting Minutes something that will help the community and I don't think that we are going to vote on this, resolve this tonight; I would rather make some of the changes that were suggested this evening. I think there are some minor changes that seem to make a big difference to the business community. SUPERVISOR RUSSELL: I would say, some of those technical things that were brought up are certainly things that the Town Board should revisit. I do have to say, I had talked with Albert and Dan and Bill and Tom and we were very sensitive to the fact that we have a certain goal in mind and that is to stop the franchises from encroaching in this community. What we didn't want to do is create all of these difficult challenges to stop them and in the process stop everybody else out. It was a wrestling match the whole time with what we can and what we can't do. But I do have to say that I do think that they have tried to be as sensitive as they could to the existing business community yet at the same time recognize that we need to do something, do something quickly because we have a pending application at Southold. It is a very difficult challenge. I do think that down the road we need to be more artful in terms of evaluating issues of use and revisiting the town code and how it specifies use and defining use. In the meantime, we needed to do something that would address the present issue. COUNCILMAN EDWARDS: I would like say a few words on this as the one member of this Town Board that has spent his whole career in retail. It never occurred to me that somebody like CVS would come to Southold Town because I have done the back of the envelope and others have heard me say this, I have done the back of the envelope computation and there is no conceivable way that store can ever produce a return on investment but what I had neglected to consider is that the stock market rewards you for growth and if you aren't getting growth out of existing stores you have got to open new stores to convince the analysts that hey, we really can grow. Now, down the road they are going to have a store that isn't making money but that nevertheless has an impact on our community. I heard a number of things tonight and very frankly, in all the meetings I have participated in on this, I had never really thought about the basement as part of the gross square footage because in retail, you don't. Your square footage is not limited, I will say, the restrooms are part of your square footage but generally you think of your square footage as that being on the floors on which the public comes into the store. And so I could see the gross square footage involving a second floor if there was a relatively easy access but normally you can't let the public into the basement because unless you have got at least two means of egress, you know, it doesn't fit the code and anyway, nobody wants to go to the basement. And I think we need to make that change at the very least. The issue of grocery stores was also persuasive, which both John and Tom brought up. And because grocery stores, there is a way to define them by use in terms of percent of the square footage given over to a product which is, if you will, edible. So what I would like to do is move as quickly as we can with this and go back, I have taken some notes on what has been said tonight because those were excellent concerns. My concern throughout all of this is, I don't want to see Wal-Mart in Southold Town and I don't want to see more CVS' in Southold Town. You are not going to keep Starbucks out, there is no way you can say the name on the door determines who comes to Town but that is not going to devastate local business in the way that a Wal-Mart or a CVS can do and I don't want Southold to look like the rest of Long Island, so I would like to move very quickly to back, have a meeting, make these, what I consider to be really minor changes that Page 73 June 6, 2006 Town of South old Board Meeting Minutes nevertheless catch up the small guys in the loop, in the net that is intended to address the big guys. COUNCILMAN WICKHAM: I would like to close this hearing. ., Vote Record - Public Hearine #1 Yes/Aye NolNay Abstain Absent i\lbert}(rupski Jr. Voter 0 0 0 0 William P. Edwards Initiator 0 0 0 0 0 Adjourned Daniel C. Ross Seconder 0 0 0 0 0 Closed Thomas H. Wickham Voter 0 0 0 0 Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 Public Hearing # 2 SET JUNE 6, 2006, 8:05 PM, As THE TIME AND PLACE FOR A PUBLIC HEARING ON A LOCAL LAW IN RELATION TO AMENDMENTS TO THE MINOR EXEMPT ACTIONS LIST OF THE WATERFRONT CONSISTENCY REVIEW LAW COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 9th day of May, 2006 a Local Law entitled "A Local Law in relation to Amendments to the Minor Exempt Actions List ofthe Waterfront Consistencv Review Law" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board ofthe 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 6th day of June, 2006 at 8:05 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 the Minor Exempt Actions List of the Waterfront Consistencv Review Law" reads as follows: LOCAL LAW NO._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 South old is hereby amended as follows: S 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 Page 74 June 6, 2006 Town of South old Board Meeting Minutes site, induding 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 induding 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, induding 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 induding 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; 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, induding surplus government property, other than the following: land, radioactive material, pesticides, herbicides, storage of road de-icing substances, or other hazardous materials; Page 75 June 6, 2006 Town of Southold Board Meeting Minutes 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 oflocallandmarks 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 ofthis 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 accessorv to existing permitted primarY structures. and which accessorv structures are greater than 50 feet from a tidal wetland; DD. Pervious residential drivewavs greater than 50 feet from a wetland; EE. Upgrades to existing fuel tanks; FF. Cutting phragmites to greater than 12 inches and vegetative restoration; GG. Bulkhead to replace existing bulkhead on the applicant's propertv in the same location with a silt curtain emploved 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. Page 76 June 6, 2006 Town of South old Board Meeting Minutes IV. Effective Date. This local law shal1 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. ASSISTANT TOWN ATTORNEY CORCORAN: Tom, ifI may for just one clarification. A whole host of these already exist but at the end of the list we are just proposing a handful of new ones. COUNCILMAN WICKHAM: Oh, that is right. Why don't I read the few that are changed? The few new ones that are being added. Split rail fences not interfering with the public's rights of passage along the foreshore; removal of a structure greater than 75 feet from a wetland; 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; 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; pervious residential driveways greater than 50 feet from a wetland; upgrades to existing fuel tanks; cutting phragmites to greater than 12 inches and vegetative restoration; bulkhead to replace existing bulkhead on the applicant's property in the same location with a silt curtain employed during construction and lot line changes. AI1 of these we are proposing to add to the exempt list that do not need an LWRP review. I have certification that it has appeared as a legal in the local newspaper, it has appeared on the Town Clerk's bul1etin board outside in the hal1. Communication from Jerilyn Woodhouse, chair of the Planning Board, "The Planning Board supports the adoption of this referenced local law as proposed." I have something from the Town Attorney with several relatively minor proposed additions, "Cutting phragmites should be to no less than, rather than greater than 12 inches." Suffolk County Planning, Department of Planning has said that this is not within their jurisdiction to comment upon. And those are the only comment that I have in the file. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this issue? UNIDENTIFIED: On your point you mentioned adding 25 percent to a building. How many times can that be done in the same year? COUNCILMAN WICKHAM: How many times what? UNIDENTIFIED: How many times could they add to the same building in one year? ASSISTANT TOWN ATTORNEY CORCORAN: Actual1y, sir, that is another of the comments of the Trustees, their comment is that you should only be able to add 25 percent based on the original structure. So you have a total cap of 25 percent over the lifetime that is exempt. Once you get over that, you wil1 need LWRP review. COUNCILMAN KRUPSKI: This isn't to exempt it from any further review. The Town adopted the LWRP last year and I was on the Board of Trustees at the time and this led to a tremendous amount of confusion and real1y a bureaucratic logjam because al1 of these applications that came before the Board of Trustees and we had 30 or 40 month now had to be Page 77 June 6, 2006 Town of South old Board Meeting Minutes reviewed by the LWRP coordinator in Southold Town, who had never done so before, this is a brand new program and some of these, there were exemptions but a lot of these activities really, it is not necessary for the LWRP coordinator to plug up his office and the Planning Department and everyone else. The Trustees are going to review these and they are going to have public hearings on these and they are going to grant permits on these separately. They are all going to be reviewed. It is just that it doesn't have to go to the L WRP for a coordinator review. SUPERVISOR RUSSELL: I am sorry, but I am going to need your name and location for the record. JOE WALL: Joe Wall, Southold. SUPERVISOR RUSSELL: Thank you. Any other comments on this? COUNCILMAN KRUPSKI: I just want to thank the Board because as a former Trustee, I appreciate this because this really did hold up the, it put a wrench in the works last year and this is going to simplify matters a lot. ./ Vote Record - Public Hearinp: #2 y es(~y~ NolNay Abstain Absent Albertl(rupski Jr. Seconder 1<1 0 0 0 0 Adjourned William P. Edwards Voter 1<1 0 0 0 1<1 Closed Daniel C. Ross Initiator 1<1 0 0 0 Thomas H. Wickham Voter 1<1 0 0 0 Louisa P. Evans Voter 0 0 0 1<1 Scott Russell Voter 1<1 0 0 0 8. Adjourn Town Board Meeting SUPERVISOR RUSSELL: Does anyone else have some comments for the Town Board? (No response) Can I get a motion to adjourn? RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:32 P.M. . . . . . ~~v~ Southold Town Clerk ./ Vote Record - Ad'ourn Town Board Meetinl! Yes/Aye l'lo1N8Y Abstain Absent Alb~l<J"lJpski k Voter 1<1 0 0 0 1<1 Adopted William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Seconder 1<1 0 0 0 0 Withdrawn Thomas H. Wickham Initiator 1<1 0 0 0 Louisa P. Evans Voter 0 0 0 1<1 Scott Russell Voter 1<1 0 0 0 Page 78