Loading...
HomeMy WebLinkAboutTB-06/20/2006 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road POBox 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES June 20, 2006 4:30 PM A Regular Meeting of the Southold Town Board was held Tues Hall, Southold, NY. Supervisor Russell opened the meeting at 4:30 Allegiance to the Flag. Aflen.d~Name 0 ., . f" \> tl .... ........ .......... iL.irg~l!J2:~!.(/'Il.." ............................ . j\}~~I1:~pslciJr. . ToWll ofS()ll!eold I c;o~fill11lUl \yilliam P. Edw of S . Id i CO\lllC~all Daniel C. Ross Town ofSouilil' ! Councilman Thomas JCWickhaffi ! T,;Wfi- ()f~!:Ithol-oun~;m Louisa P. Evans Town of Southold .stie'e .._......"."........._...,,_.,_,.."_..n"_'n.._.._.._____"__. . ,. Scott Russell I TO'!l1~f~u1l!9-!~: ~upervisor Elizabeth A Neville.,!o\Vn.~f~outl1()I~j Town Clerk Kieran Corcoran .'. ,.. !ill,Town of South old I Assistant Town Attome I. Renorts 1. Justice Bruer May 2006 2. Justice Price May 2006 3. Justice Evans May 2006 4. Program for the Disabled May 2006 5. Lag Claim Report May 2006 Page I . June 20, 2006 Town of South old Board Meeting Minutes 6. Supervisor's Monthly Report Month Ended May 31, 2006 7. Town Clerk's Monthly Report May 2006 8. Southold Animal Shelter Monthly Report April 2006 9. Southold Animal Shelter Monthly Report May 2006 10. Recreation Department Monthly Report May 2006 11. Trustees Monthly Report May 2006 II. Public Notices 1. Notification of Application to NYS Liquor Authority Glebe North Fork, Inc., 5775 West Mill Rd., Mattituck 2. Renewal of Farm Winery License Pellegrini Vineyards III. Communications None IV. Discussion 1. 10:00 A.M. - Stewardship Melissa Spiro, Jim McMahon 2. 10:30 A.M. Affordable Housing Philip Beltz 3. 11:00 A.M. - Westphalia Intersection, Etc. Honorable Edward P. Romaine 4. Transportation Study 5. Big Box Legislation Councilman Wickham 6. Misc. Code Issues Page 2 June 20, 2006 Town of South old Board Meeting Minutes Animals on Residential Property 7. Goose Creek Proposal Councilman Wickham, Councilman Ross 8. 12:30 P.M. Executive Session Melissa Spiro Property Acquisition 9. 1:00 P.M. Executive Session Richard Zuckerman, Esq. PBA Contract 10. 1:30 P.M. Executive Session Frank Isler, Esq. Litigation - Cross Sound Ferry 11. Executive Session Given Appraisal - Peconic School 12. Scavenger Waste Plant 13. Stakeholders Fishers Island Hamlet Study V. Special Presentation 1. Senior Services Personnel VI. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Before we get started with the regular meeting, before we start taking public comment, there are a few people who work for Southold Town that I think it is appropriate that we recognize. As probably many of you know, there has been substantial changes to Medicare, to Part B, medications etc. It is a very complicated and complex process to figure out. It was a great source of stress. I have four individuals from the Human Resource Center who took upon themselves to go out and get educated, get training, seminars, you name it. Took countless hours of their own time to figure this process out, so they could help the local seniors and I have gotten so many calls and letters from seniors thanking us for the work they did. So without further ado, I would like to bring up these people and give them their proclamations. Just so you all know, it is a certificate of appreciation from the Southold Town Board and again, I think I am speaking on behalf of many of the seniors citizens of this community. I know them very well and I am always going to their groups and they were so appreciative of the efforts of Phyllis Markopoulos, Jean DeLorme, Cheryl Kaswell, Jane Edstrom and of course, Karen McLaughlin. Thank you very much. Page 3 June 20, 2006 Town of South old Board Meeting Minutes JUSTICE EVANS: Karen even managed to help the seniors out on Fishers Island, too. SUPERVISOR RUSSELL: Thank you. Governments get very difficult to deal with and when people step forward and volunteer a lot of their time to make government to deal with, I just think it is a great thing. With that being said, we will move on to the business at hand. Would anybody like to come up and address the Town Board on any of the items that are on the agenda? Mrs. Egan. JOAN EGAN: Joan Egan. Town Board members and friends and everyone. Happy summer. I am sure on the front here, this were checked out, you know, the justice reports? Not for the money but crime wave that we have out here. We can be very proud of our police department and local authorities for the big drug bust this past weekend. Thank god for that. Yes, the, item 343. I realize Mr. McMahon has a problem and did address the Town Board asking for more help because quite frankly it was quite a disgrace yesterday when all those officials, state and local police were at our police station and the flag pole was not well, the flag pole is fine but the landscaping, terrible. That was Mr. McMahon's fault that he did not have the in-ground sprinkler system on. At my expense, I donated a great many flowers up there and most of them died because he didn't put the in-ground sprinkler on. Now I know he has a problem but there are many seniors and young people who can help him in the summer. Seniors need to augment their income, so that should be done. That was a disgrace because Newsday took pictures, a lot of them took pictures and we came out looking lousy. No reason. I believe, I am not going to go into it that deeply but I believe 532 is the big box. Is that the big box? It will happen. All these laws and the like are not going to stop them. They have too much clout. SUPERVISOR RUSSELL: That is what they said about the McDonalds in Mattituck. Oh, wait. Never mind. MS. EGAN: Okay. Well, item 544, this comes under I think the Trustees? Pump out boat? I would also like to mention which I mentioned to Mr. (inaudible) earlier, the Trustees office needs a little bit of a wakeup call. Okay? Alright, now, item 546, is this an addition or a replacement? SUPERVISOR RUSSELL: This is, actually, one of our members of the Housing Authority has resigned. She is moving on to greener pastures upstate New York. It is the Reverend Lynda Clements and this is to find a replacement for her, if there is a replacement for Lynda. MS. EGAN: Yeah. I met her the other day. Her congregation has dwindled to 47. Well, so it is a replacement. Now I didn't quite understand 548. All of you should be thinking, not looking like you know, a blank space. COUNCILMAN WICKHAM: May I respond to that? They had an additional, 548, right? MS. EGAN: I am listening. Page 4 June 20, 2006 Town of South old Board Meeting Minutes COUNCILMAN WICKHAM: They have an $11,000 extra in their full-time regular earnings. They want that applied $11,000, towards the use of repairing automobiles. MS. EGAN: Well, if they were taking better care of those automobiles. Now, item 549, you keep doing these studies. The Orient ferry ain't going to go away. Something has to be done to expedite and make it safer for all of us. I don't think these studies are going to prove anything. My own opinion on the Cross Sound ferry is that that property that they own, I believe it is considered residential. Cross Sound ferry makes a lot of money for Connecticut, none for us. If they could do at their property there and it could be re-zoned and they could do as they do in Connecticut, have parking going up and when it is filled, no more. And then you can get rid of them. I know there is an environmental problem there but these studies about traffic, it is ridiculous. It is going to happen. They are going to keep coming out. SUPERVISOR RUSSELL: I just want to clarify on that specific issue of 549. Actually that is a feasible study for the premise of being able to bury the overhead power lines underground. And quite honestly, we have spent so much money protecting that whole area, I think it would be a shame if we didn't pursue that as an option, if it is feasible. That is why the study... MS. EGAN: To bury the lines? SUPERVISOR RUSSELL: The overhead utility lines. MS. EGAN: (inaudible) vehemently opposed to that. SUPERVISOR RUSSELL: Even across the causeway to protect that scenic vista? MS. EGAN: Nope. I have experienced that when I lived in Texas. Just as they are experiencing flooding now down there in Houston, I spoke at a Town Hall meeting here before a couple of years ago. When those cables are buried and you have a problem, it is sometimes very difficult to ascertain where the problem is. SUPERVISOR RUSSELL: That will be flushed out in the feasibility study. Also, that money, I want to point out to the rest of the public, that is actually federal money that was given to us... MS. EGAN: Federal money is our money. I don't care whether it comes from the state or federal or Santa Claus. It is money. SUPERVISOR RUSSELL: Good point. MS. EGAN: That's right. So I don't want to hear that, it is federal. That is a lot of bull. Now the, well, oh, this is the Highway Department which I must say I think Mr. Harris has done a good job but he has got to take good care of that equipment to see that it doesn't get messed up. Oh, I think 555 is excellent. I congratulate you if you pass that. Most everything does get passed because you just listen to us and vote it in 90 percent of the time. And of course, studies always being made up at the dump. That shouldn't be that much money up there. Spend an Page 5 June 20, 2006 Town of South old Board Meeting Minutes awful lot of money. At least I don't see any trips going away this agenda. You know how I feel about that. Alright, on item 572, I notice we have got one more traffic light I think on Youngs Avenue and that is good, we really need on in Greenport where the traffic circle used to be. And I think 573 is the same as you had before, it is just that you did it twice. Now there was something else, well, it was in regard to the disaster units or something like that in regard to somebody donated their time and I think Mrs. McLaughlin was supposed to get another $2,500 for doing something for the Town in regard to we had a disaster here and I feel that maybe she could donate that $2,500. She is a good worker but she makes a good salary, too. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any issue on the agenda? FREDDIE WACHSBERGER: Thanks. Freddie Wachsberger. President of Southold Citizens for Safe Roads. I want to address 571 and 572 but not in that order. I want to encourage the Board to authorize Valerie Scopaz to do the scope of this corridor study. 1 think she is very, she is eminently able to do it but also from the point of view of her long involvement with town planning and the fact that she almost single handedly wrote the Waterfront Revitalization program, which is something that certainly will come into issue in the study of the environmental impact of the traffic and parking, 1 think it is really essential, I know that you people, at the annex meeting last Friday, for good reasons had a hard time bringing into focus exactly what directives you wanted to give Mr. Schneider and 1 think it will save money and time in the long run to have someone like Valerie be the kind of intermediary between you and Mr. Schneider's study particularly from the point of view of the environmental impact which from the point of view oflegislation is really the most important thing we need to analyze because as we know, the safety issue which is Mr. Schneider's main focus can be mitigated in several ways. I mean, we know that even at the annex he talked about sort of DOT strategies. 1 mean, widening the roads, additional parking. Of course, every one of these things that mitigates the safety issue has an additional impact on the environment and these are the invisible things that people don't really see, they see the traffic coming but they don't know how their drinking water is being affected or how the air they breathe is being affected. In fact, there is even the issue of the impact of this traffic on our local traffic that supports the economy like the vineyard traffic and also on the second home industry. These are all things that need to be brought together and 1 think that Valerie is the ideal person to do a scope which will enable you to focus on that and if necessary, pinpoint certain things that Mr. Schneider is not in a position to do and help you decide to pursue those. So I think it is really important. I think it is also important and this is a slightly different issue, for the Board and I know you are all behind the concept of developing legislation to put reasonable caps on ferry traffic to protect Southold Town. Obviously the DOT isn't going to help us, they are interested in just the traffic getting through and we don't have assistance anywhere else, it is something that the Town really has to do for itself and establish these limits with strong support of a traffic and environmental study. And I think it is really important for you all to get the message out while you are doing it. There has been such an enormous amount of dis-information that has been spread around through the media by Cross Sound ferry that a lot of people really have a misconception about this. And as you know, SCSR puts out flyers and things but I really think that you people united in your interests in protecting the Town through Page 6 June 20, 2006 Town of Southold Board Meeting Minutes possible legislation really need to show a united force to the Town and to the people in the Town and let them know exactly why it is you think it is important. In relationship to Mr. Schneider's study, I certainly support it and we feel that it is an essential tool for the Town in many ways but in, even in his revised proposal I keep reading traffic safety, traffic safety, traffic safety and I think it is really important to expand his vision in that study so that safety isn't the only issue because in fact, the environmental issue is extremely important but having said that, of course, I support both of these proposals, both to engage Valerie Scopaz and also to engage Mr. Schneider. In the long run, although people are bitching about the costs of these studies, when one thinks about how much the Town and the County have put into preserving space for the purpose of preserving our rural environment, preserving our farming, preserving our shellfishing industries. This is really a drop in the bucket to make sure that this particular threat to those various entities is also controlled. Thanks. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Town Board on agenda item? UNIDENTIFIED: It is about actually animals on residential property, as there is a large problem in my neighborhood that is low density residential of animals being basically horded on a piece of property. An accurate, not exact guess would be we are dealing with over 25 to 30 animals, many of them are loud, screeching nocturnal animals. We have to deal with their excretions in our ground water, we all have wells. We are to the point where we are not even able to be outside on our property because of the smells and the noises that are emanating from this persons property. It is an acre of land with many buildings on it and this many animals in a piece of real estate that is probably less than a third of an acre, there are horses and llamas and peacocks and roosters and hens and geese and ducks and dogs and cats and goats and her property abuts four separate residences, property lines meeting. We are to the point where we are staying indoors because to be outside, the noise is ridiculous, the smells are ridiculous. We have been addressing this issue with the Town of Southold for 7 years. I think it is time for the Town Board to put some regulations on the books to limit and control the number of, it is not a farm. We are not an agricultural neighborhood. To address this problem and give us some relief to the point where property cannot even be resold because no one will buy it because of the noise and the odors emanating from the adjoining properties. I don't know what else I can say, I have said this over and over again. SUPERVISOR RUSSELL: I will update a little, we actually, I had put that on as an agenda item today. I talked with the Town Board about it, tried to give them an understanding of how bad the situation has gotten there and in a couple of other locations in town. The Town Board has supported me in developing policy that will address it. They had actually today talked, I am going to get together with our code enforcement officer, Kieran Corcoran, Town Attorney and a few other individuals and we are going to try to craft legislation to address it. It is a different day in Southold Town, most of the phone calls I get as Supervisor now have to do with some way or another get back to issues of code enforcement. And I think it has gotten to the point in Southold Town where sometimes you have to legislate good manners because people aren't showing them anymore and they are not showing the respect of the surrounding neighborhood and I have no Page 7 June 20, 2006 Town of South old Board Meeting Minutes compunctions about bringing legislation to bear to address it. The Town Board, like I said, was supportive of that today, they are sympathetic to the issue and we are going to address it. UNIDENTIFIED: So I can look forward to some progress in the near future? SUPERVISOR RUSSELL: Oh, I hope sooner than later. Absolutely. UNIDENTIFIED: You and me both. Thank you very much. TOWN CLERK NEVILLE: Excuse me, ma'am, can you please give you name and place of residence for the record? PHYLLIS STANLEY: My name is Phyllis Stanley, my residence is 370 Hyatt Road East. TOWN CLERK NEVILLE: Thank you. MS. STANLEY: You're welcome. SUPERVISOR RUSSELL: Thank you for speaking. UNIDENTIFIED: (from audience-inaudible) SUPERVISOR RUSSELL: I will tell you, just as an aside, I actually had a phone call with you the other day and I couldn't hear what you were saying because the peacocks were screeching in the background. UNIDENTIFIED: Well, that was during the afternoon. SUPERVISOR RUSSELL: Well, I couldn't take it then, either. UNIDENTIFIED: Think about at 3:00 in the morning or 2:00 in the morning. That you get up and you don't know what it going on around you. (inaudible) and I don't know, we have gone there, Mr. Forrester has the papers but everything that is going on for 7 years. Seven years, we live there like.. ..no, it is not hostages. It is the smell, the smell that you cannot, as a matter of fact, anytime that she says something, she is lying to you people. Whatever she does, I don't know how many people she (inaudible) or how many people she knows in this town but she lies. Because when she approached to have the animals, she approached the men. My husband (inaudible) and she only said if it is alright for her to have a pony for her grandson. And in the meantime, as she said, there are 30 animals there. They die, she buries them in the front. The front is the pet cemetery, the back is the zoo. (inaudible) UNIDENTIFIED: For your information, my neighbor has mentioned it is a burial ground. It is a very sad story of watching an animal, such as a horse, 600 pound horse and during winter months, struggle and rolls all around in her back yard dying, okay? Finally, that horse passed away and she had a backhoe come onto the property and a burial site was chosen in the front of Page 8 June 20, 2006 Town of South old Board Meeting Minutes her property on the, I would say, 20 feet away from Lighthouse Road. And she had the hole dugout and the animal was dragged approximately 600-700 from her site, where the animal died and was dragged into the site. My granddaughter, the sad part was because that 600 pound animal and my granddaughter happened to be there asking me 'Grandfather, what is happening?' Well, why did that horse die? It is a sad, sad situation that there are no controls over such problems. I called the Town, I don't know who I spoke with and my question was, if I died, could I be buried on the property? The answer was no. UNIDENTIFIED: Excuse me, once she buried the first horse (inaudible) the Health Department, you know what he told me, ladies and gentlemen? You can bury your own mother (inaudible) so now you take it from there, we need your help.... SUPERVISOR RUSSELL: Like I said earlier, the Town Board was sympathetic to the issue. We talked about it today, we are going to start producing some results in the very near future to address it. I have a petition from your community with dozens and dozens of names on it, it is a growing issue throughout the Town. Yours is probably the worst case of it but it certainly is a growing issue throughout the Town and the Town will be addressing it and I just want to assure all of you tonight, the Town Board is fully aware of your plight and we plan on addressing it. And I do appreciate you coming tonight, thank you. UNIDENTIFIED: Also, I would like to point out because I do get phone calls at the house from some neighboring individuals asking what are we doing about the issue, alright? And unfortunately I was not able to get the persons name but he did voice his opinion because of the peacocks, because the noise travels. It is not that only are we facing problems with the odors and the housekeeping issues, the mosquitoes and the situation of what occurs in the back about the noises. Now, she started off with two peacocks, I would say maybe three or four years ago. I would say she is up to 12 now. SUPERVISOR RUSSELL: Okay. Well, we are, I promise we are addressing it. Anybody else like to address the Town Board on any issue? (No response) Okay, can we get to business? I am sorry. Tom? TOM MCCARTHY: I am sorry, I let the moment pass. I would like to see if there was opportunity with the big box legislation, have any dialogue with the Board as you go through that or before you go through that. SUPERVISOR RUSSELL: What we will do is, right before we get to that resolution we will address, I know the issues you are talking about. Bill is aware of them, Albert is aware of them. What we will do is we will address it as soon as we get to that resolution. Alright? MR. MCCARTHY: Will we be able to have some input? SUPERVISOR RUSSELL: Yes. It will be out of protocol but we will be happy to do it because we recognize there is an issue there. Page 9 June 20, 2006 Town of South old Board Meeting Minutes MR. MCCARTHY: Thank you very much. 2006-535 CATEGORY: DEPARTMENT: Audit Town Clerk Approve the Audit Dated June 20, 2006 RESOLVED that the Town Board of the Town of South old hereby approves the audit dated June 20. 2006. ,/ Vote Record - Resolution 2006-535 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voler iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter I<! 0 0 0 0 Tabled Thomas H. Wickham j Seconder I<! 0 0 0 0 Withdrawn Louisa P. Evans Initiator I<! 0 0 0 Scott Russell Voter iii 0 0 0 2006-536 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set July 11,2006 At 7:30 Pm As the Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 11, 2006 at the Southold Town Hall, Southold, New York at 7:30 P. Moo -/ Vote Record - Resolution 20(t6...S36 Yes/Aye ~olNay Abstain Absent iii Adopted J\l~~~p~~.'~~. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Initiator I<! 0 0 0 2006-343 Tabled 4/11/2006 7:30 PM CATEGORY: Employment - Town DEPARTMENT: Accounting Peter Gatz - DPW Groundskeeper Page 10 June 20, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby amends resolution #343 appointinl! Peter Gatz to the position of Groundskeeper II. in the Department of Public Works at a rate of $24.4208 per hour, to be effective June 22, 2006 ./' Vote Record ~ Resolution 2006-343 611 o o o o Adopted Adopted as Amended Defeated Tabled Withdrawn AI~~pslci}!: William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Initiator Voler Voler LYoter Seconder VOler y~~~y~, 611 611 611 611 611 611 NOl.Nay o o o o o o Abstain o o o o o Absent o o o o o o 2006-531 Tabled 6/6/20067:30 PM CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appointment to Emergency & Disaster Preparedness Committee RESOLVED that the Town Board of the Town of Southold hereby appoints Karen McLaul!hlin effective January 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 Yes.l~Ye, NorN.JlY Abstain Absent 611 Adopted Albert Krupski Jr. ;,,8:~()114l?:" 611 0 0 0 0 Adopted as Amended William P. Edwards Initiator 611 0 0 0 0 Defeated Daniel C. Ross VOler 611 0 0 0 0 Tabled Thomas H. Wickham Voter 611 0 0 0 0 Withdrawn Louisa P. Evans Voter 611 0 0 0 Scott Russell Voter 611 0 0 0 2006-532 Tabled 6/6/20067:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact the Local Law In Relation to Size Limitations on Retail Uses WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk 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 II June 20, 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 (L WRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; 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 South old as follows: I. Purpose - The goals of the Town of Southold, as set forth in numerous planning documents over the past twenty years, include the preservation of land, preservation of the rural, cultural and historic character of the hamlets, preservation of the Town's natural environment and natural resources, promotion of a range of housing and business opportunities that support a socio-economically diverse community, and an increase in transportation efficiency while preserving the scenic and historic attributes of the Town. The Town of Southold Hamlet Study, adopted by the Town Board in 2005, recommended amendments to the zoning code which would strengthen the business centers and encourage businesses that support the east end lifestyle. The study concludes that large-scale commercial activity is inconsistent with the community character of the Town, and would be inappropriate. The Local Waterfront Revitalization Plan (LWRP), also adopted by the Town Board in 2005, mandates that all new development should be integrated in the hamlets in a manner that is compatible with the community character, and the economic vitality of the business districts should be enhanced. A report prepared for the Town Board by Mark Terry, Acting Department Head, dated November 2005 titled the "Impacts of Big Box and Large Retail Stores on Community Business and Proposed Amendments to the Town of South old Town Code" highlights the detrimental effects large scale commercial development can have on small towns. The Town of South old'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 Page 12 June 20, 2006 Town of South old Board Meeting Minutes enacted a temporary moratorium on retail site plans and special exception use permits over 3000 square feet in October 2005 in order to allow the Town the opportunity to grapple with the issue and adequately prepare a solution to the mounting pressure from large scale retailers. This Local Law is intended to place limits on the sizes of retail structures in the Town of Southold, in order to preserve the community character of the hamlets and the sustainability of the business districts. In addition, the law provides that those seeking larger retail businesses will comply with the Town's design standards and to demonstrate that the new structure will be in harmony with surrounding community and local economy. II. Chapter 100 of the Code of the Town of South old is hereby amended as follows: 9 100-13. Definitions. GROCERY STORE - A retail establishment dedicating 70 percent or more of its floor area to the sale of prepackaged or perishable food items. 9 100-91. 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(1), A(2), A(3) and A(20) hereof, are subject to site plan approval by the Planning Board: (7) Retail stores. UP to a maximum of 6.000 total sauare feet of grOSS floor area in anv building (excluding unfinished basement and attic areas). notwithstanding the provisions ofthe Bulk Schedule for Business. Office and Industrial Districts. Such retail stores greater than 3.000 total sauare feet shall complv with the retail building standards for HB Districts listed below. in addition to the site plan reauirements 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 array of articulated elements. layout. design. logos or similar exterior features that have been applied to four (4) or more retail buildings nationwide. Page 13 June 20, 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. ii. 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 sixtv 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 walkway 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 clearlv-defined. highly-visible customer entrance(s) featuring no fewer than three (3) ofthe 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) Display windows; Page 14 June 20, 2006 Town of South old Board Meeting Minutes G) (k) Architectural detail such as tile work and moldings integrated into the building structure and design: or Integral planters or wing walls that incomorate 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. economicallv-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 I. 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 15 June 20, 2006 Town of South old 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 bv 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) Grocery 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 (! 0) 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. (! 0) 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 k 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. n. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. Page 16 June 20, 2006 Town of Southold Board Meeting Minutes 111. Building walls that face oublic streets. connecting oedestrian walkwavs. or adiacent develooment shall meet the following standards: (a) Facades shall be subdivided and orooortioned 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 oercent (60%) of the facade. (b) To maintain the "Main Street" character in the Hamlet Centers. where oractical buildings shall be sited with a zero (0) or minimum setback from the front orooertv line or orimarv oedestrian walkwavs and be transoarent between the height of three (3) feet and eight (8) feet above the grade of the walkway for no less than sixty 60% of the horizontal length of the building facade W Buildings shall achieve architectural variation through the inclusion of architectural features such as columns. ribs or oilasters, oiers. changes in wall olanes 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. (b) Fabric awnings and canvas awnings with a matte finish are oermitted. Awnings with high gloss finish and illuminated. olastic awnings are orohibited. v. Customer Entrances Buildings shall have clearlv-defined. highlv- Page 17 June 20, 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/proiections; (d) Arcades; ( e) Raised corniced parapets over the door; (t) Peaked roofforms; (g) Arches; (h) Outdoor patios; (i) Display 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. 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; 11. Field-painted or pre-finished standard corrugated metal siding; 3. Signage a. Advertisements. including trademark logos. service Page 18 June 20, 2006 Town of South old 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 haye a zero (0) or minimum setback from the sidewalk/front property line. wheneyer 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 proyided in accordance with that reQuired by Article XIX, ofthe 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: i. The existing local retail market. including market shares. if applicable. Page 19 June 20, 2006 Town of South old Board Meeting Minutes ii. The supplv and demand for local retail space. 111. Local wages. benefit and emplovrnent. IV. Revenues retained within the local economies of the Town of South old. v. Public service and facilities costs. vi. Public revenues. vii. Impacts on municipal taxes. Vl11. Impacts of property values in the communi tv. 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. 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 (22) 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 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 reauirements 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 20 June 20, 2006 Town of South old Board Meeting Minutes features that have been applied to four (4) or more retail buildings nationwide. n. Exterior building walls facing side vards shall include materials and design characteristics consistent with those on the front of the building. lll. 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. Awnings. a. Awnings shall be no longer than a single storefront. b. Fabric awnings and canvas awnings with l! matte finish are permitted. Awnings with high closs finish and illuminated. plastic awnings are prohibited. v. Customer Entrances Retail buildings shall have clearlv-defined. hi&!Jb:- 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; (t) Peaked roofforms; (g) Arches; (h) Outdoor patios; (i) Displav windows; Page 21 June 20, 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. 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. b. Exterior building materials shall not include the following: I. 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 receotacles 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 22 June 20, 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 exceotion bv the Planning Board. and all such special exceotion 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. ii. Exterior building walls facing side yards shall include materials and design characteristics consistent with those on the front of the building. Page 23 June 20, 2006 Town of South old Board Meeting Minutes lll. 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 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 c1earlv-defined. highlv-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 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 incomorate Page 24 June 20, 2006 Town of Southold Board Meeting Minutes landscaped areas and/or places for sitting. VB. 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. 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 marks mav not be affixed. painted or glued onto the windows of the business or onto anv 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 thirtv 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 25 June 20, 2006 Town of Southold Board Meeting Minutes 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 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 studv. 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. !h The supply and demand for local retail space. Hi. 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. Vll. Impacts on municipal taxes. Vlll. Impacts of property values in the community. IX. Effects on retail operations in the surrounding market area. x. Employee housing needs. if applicable. xi. The Town of Southold' s ability to implement its Comprehensive Plan consistent with the proposed 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 26 June 20, 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. 0/ Vote Record - Resolution 2006.532 Xes!:~y~ l'l()/JIll8Y Abstain Absent It! Adopted Albert Krupski Jf. Voter It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Initiator It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russen Voter It! 0 0 0 2006-534 Tabled 6/6/2006 7:30 PM CATEGORY: Employment - Town DEPARTMENT: 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. ./ Vote Record - Resolutioo 2006-534 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 Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Initiator It! 0 0 0 Scott Russell Voter It! 0 0 0 2006-537 CATEGORY: DEPARTMENT: Employment - FlFD Town Clerk Appoint Mark Easter to the Position of Purser for the Fishers Island Ferry District Page 27 June 20, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby appoints Mark Easter to the position of Purser for the Fishers Island Ferrv District, effective June 7, 2006 at a rate of $35.00 per hour. ./ Vote Record - Resolution 2006-537 Yesft\.ye l\lo!NllY Abstain Absent 111 Adopted AI~l<l"tlpskiJr. Voter 111 0 0 0 0 Adopted as Amended William P. Edwards Voter 111 0 0 0 0 Defeated Daniel C. Ross Voter 111 0 0 0 0 Tabled Thomas H. Wickham Initiator 111 0 0 0 0 Withdrawn Louisa P. Evans l$~()~d~ li'I 0 0 0 Scott Russell Voter 111 0 0 0 2006-538 CATEGORY: DEPARTMENT: Employment - FIFD Town Clerk Appoint Stephen G. Burke to the Position of Marine Operations Supervisor for the Fishers Island Ferry District RESOLVED that the Town Board of the Town of Southold hereby appoints Stephen G. Burke to the position of Marine Operations Supervisor for the Fishers Island Ferrv District, effective June 7, 2006 at a rate of$88,593.03 per annum. ./ Vote Retord - Resolution 2006-538 Yes/Aye NofNllY Abstain Absent 111 Adopted Albert Krupski Jr. Initiator 111 0 0 0 0 Adopted as Amended William P. Edwards Voter 111 0 0 0 0 Defeated Daniel C. Ross Voter 111 0 0 0 0 Tabled Thomas H. Wickham Voter 111 0 0 0 0 Withdrawn Louisa P. Evans Seconder li'I 0 0 0 Scott Russell Voter 111 0 0 0 2006-539 CATEGORY: DEPARTMENT: Budget Modification Public Works Building & Grounds Personal Services RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Whole Town Budeet as follows: From: Page 28 June 20, 2006 Town of South old Board Meeting Minutes A.1990.4.100.100 Unallocated Contingencies $27,000 To: A.1620.1.100.100 Building & Grounds Full Time Employees $27,000 '" Vote Record - Resolution 2006-539 Yes/Aye NOlNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 Scott Russell Initiator 1<1 0 0 0 2006-540 CATEGORY: DEPARTMENT: Budget Modification Police Dept ModifY the 2006 General Fund Whole Town Budget - Police RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budl!:et as follows: From: A.1990A.100.200 Contingent, Retirement Reserve $2,800.00 To: A.3l20A.600.l00 Confidential Informants $2,800.00 '" Vote Record - Resolution 2006-540 Yes/Aye NolNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross ,..lt1itiata:r 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-541 CATEGORY: DEPARTMENT: Employment - Town Accounting Hire FI School Crossing Guard Evelyn Wall RESOLVED that the Town Board ofthe Town of Southold hereby appoints Evelyn Wall to Page 29 June 20, 2006 Town of Southold Board Meeting Minutes the position of a School Crossin!!: Guard for the Fishers Island School District, effective June 16, 2006, at a rate of $31.86 per day. ~ Vote Record - Resolution 20()6..S41 Yes/Aye NOlNay Abstain Absent Ii! Adopted A~l?~~ps~i Jr. Voter 611 0 0 0 0 Adopted as Amended William P. Edwards Voter 611 0 0 0 0 Defeated Daniel C. Ross Voter Ii! 0 0 0 0 Tabled Thomas H. Wickham Seconder 611 0 0 0 0 Withdrnwn Louisa P. Evans Initiator 611 0 0 0 Scott Russell Voter 611 0 0 0 2006-542 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification--Stormwater Runoff Mitigation RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town bud!!:et as follows: To: A.8090.2.200.500 Trustees, Stormwater Runoff Projects $55,000.00 From: A.9730.6.000.000 Debt Service, BAN Principal A.9730.7.000.000 Debt Service, BAN Interest $35,000.00 20,000.00 ,/ Vote Record - Resolution 2006-542 'y~s/~y~ -NolNay Abstain Absent Ii! Adopted J\1~.:KJ:upsl<i.Jr~ 'IJ1itiatof Ii! 0 0 0 0 Adopted as Amended William P. Edwards Voter 611 0 0 0 0 Defeated Daniel C. Ross Voter 611 0 0 0 0 Tabled Thomas H. Wickham Initiator 611 0 0 0 0 Withdrawn Louisa P. Evans Seconder 611 0 0 0 Scott Russell Voter 611 . 0 0 0 2006-543 CATEGORY: DEPARTMENT: Employment - Town Police Dept Change Status From Part Time to Seasonal for Bay Constable for Robert Conway RESOLVED that the Town Board of the Town of South old hereby changes the status of Bay Constable Robert Conway from part time to seasonal effective Tuesday. June 20. 2006. Page 30 June 20, 2006 Town of Southold Board Meeting Minutes ,/ Vote Retord ~ Resolution 2006-543 Yes/Aye NolNay Abstain Absent I<l Adopted Albert Krupski Jr. Initiator I<l 0 0 0 0 Adopted as Amended William P. Edwards Seconder I<l 0 0 0 0 Defeated Daniel C. Ross Voter I<l 0 0 0 0 Tabled Thomas H. Wickham Voter I<l 0 0 0 0 Withdrawn Louisa p, Evans Voter I<l 0 0 0 Scott Russell Voter Ii1 0 0 0 2006-544 CATEGORY: DEPARTMENT: Advertise Town Clerk Authorization to Advertise for Operator of Pump-Out Boat RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for an operator of the pump-out boat under the supervision of the Town Trustees, on a seasonal basis starting date on or about July I, 2006 through October 31, 2006, at a salary of $12.00 per hour. ,/ Vote Record - Resolution 2006-544 Yes/Aye NolNay Abstain Absent I<l Adopted Albert Krupski Jr. Seconder I<l 0 0 0 0 Adopted as Amended William P. Edwards Initiatof I<l 0 0 0 0 Defeated Daniel C. Ross Voter I<l 0 0 0 Tabled Thomas H. Wickham Voter I<l 0 0 0 0 Withdrawn Louisa P. Evans Voter I<l 0 0 0 Scott Russell Voter I<l 0 0 0 2006-545 CATEGORY: DEPARTMENT: Employment - Town Police Dept Amend Resolution #395 Dated April 25, 2006 RESOLVED that the Town Board of the Town of South old hereby amends resolution #395 adopted at the rel!.ular Town Board meetinl!. April 25. 2006 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints Jeffrey Edwards to the position of Constable Fishers Island effective June 18.2006 at a rate of $15.361.78 per annum. Page 31 June 20, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution 2006-545 Yes/Aye l'l()~ay Abstain Absent Ii!! Adopted AI~ Krupski Jr. Voter Ii!! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!! 0 0 0 0 Defeated Daniel C. Ross Oilliiiator Ii!! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!! 0 0 0 0 Withdrnwn Louisa P. Evans Seconder Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2006-546 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Authorize and Direct the Town Clerk to Advertise for a Member to the Housing Advisory Commission. RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for a member to the Housinl!: Advisory Commission. ./ Vote Record - Resolution 2006-546 Yes/Aye l'lolNay Abstain Absent Ii!! Adopted Albert Krupski Jr. Voter Ii!! 0 0 0 Adopted as Amended William P. Edwards ..Y()ter Ii!! 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 Initiator Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2006-547 CATEGORY: DEPARTMENT: Employment - Town Accounting Appoints Georgia Rudder to Secretarial Assistant RESOLVED that the Town Board of the Town of Southold hereby appoints Georl!:ia Rudder to the position of Secretarial Assistant for the Building Department from the Suffolk County Civil Service certification of eligibility list, effective June 22, 2006, at a rate of $51,489.20 per annum. ./ Vote Record -Resolutioo 2006-547 Ii!! Adopted o Adopted as Amended o Defeated o Tabled o Withdmwn Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Voter Seconder Initiator Voter Initiator Yes/Aye Ii!! Ii!! No/Nay o o Abstain o o o o o o Absent o o o o o o Ii!! o Page 32 June 20, 2006 Town of South old Board Meeting Minutes 2006-548 CATEGORY: DEPARTMENT: Budget Modification Police Dept ModifY the 2006 General Fund Whole Town Budget - Police RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund Whole Town budeet as follows: From: A.3120. 1.100.1 00 Police, P.S., Full-time Regular Earnings $11,000.00 To: A.3120.2.300.1 00 Automobiles $11,000.00 -/ Vote Record ~ Resolution 2006-548 ):'e~~y<<: }'Ill)!Ni\Y Abstain Absent iii Adopted Albert Krupski Jr. i'illiii'ator 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 Withdrawn Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii 0 0 0 2006-549 CATEGORY: DEPARTMENT: Budget Modification Accounting Budget Modification -- Orient Causeway Study RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 General Fund Whole Town budeet as follows: To: Revenues: A.4597.10 Federal Aid - TEA-21 Grant Orient Causeway Study $50,000.00 Appropriations: A.10I0.4.600.710 Town Board, C.E. Miscellaneous Orient Causeway Study $50,000.00 Page 33 June 20, 2006 Town of South old Board Meeting Minutes ,/ Vote Record - Resolutioo2006.S49 Yes! Aye N{)fNJiY Abstain Absent Ii'! Adopted N~,ert Krupski Jr. Voter 0 Ii'! 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 Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-550 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Records Management Budget RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Records Manaeement budeet as foUows: From: A.1460.1.200.1 00 Part-Time Employees $ 248.00 To: A.1460.2.200.500 Computer Equipment $ 248.00 ./ Vote Record M Resolution 2006-550 'ye~'-t\ye f\ll()fNay Abstain Absent Ii'! Adopted All>ert~p~lFi 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 Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2006-551 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Highway Fund Part Town Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Hiehwav Fund Part Town budeet as foUows: To: Appropriations: DB.5112.2.400.905 Consolidated Highway Improvement Capital Outlay Page 34 June 20, 2006 Town of South old Board Meeting Minutes Contracted Services Chips ResurfacinglReconst $75,387.06 To: Revenues: DB.3501.00 State Aid Consolidated Highway Improvement $75,387.06 .t' Vote Record ~ Resolution 2006-551 Yesf~'1~ N()rNIIY Abstain Absent I<l Adopted Albert Krupski I<l 0 0 0 0 Adopted as Amended William P. Edwards Voter I<l 0 0 0 0 Defeated Daniel C. Ross Voter I<l 0 0 0 0 Tabled Thomas H. Wickham Seconder I<l 0 0 0 0 Withdrawn Louisa P. Evans Initiator I<l 0 0 0 Scott Russell Voter I<l 0 0 0 2006-552 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Highway Fund Part Town Budget RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2006 Hililiwav Fund Part Town budeet as follows: To: DB.5140.4.200.100 Brush & Weeds/Miscellaneous, C.E. Utilities Telephones/Cellular Phones $2,000.00 From: DB.5140.4.100.900 Brush & WeedslMiscellaneous, C.E. Supplies & Materials Landscaping Materials $2,000.00 ". Vote Record - Resolution 2006-552 Xes/Aye NOfNay Abstain Absent I<l Adopted AI~Krupski Jr. Voter I<l 0 0 0 0 Adopted as Amended William P. Edwards Voter I<l 0 0 0 0 Defeated Daniel C, Ross Voter I<l 0 0 0 0 Tabled Thomas H. Wickham Initiator I<l 0 0 0 0 Withdrawn Louisa P. Evans Seconder I<l 0 0 0 Scott Russell Voter I<l , 0 0 0 2006-553 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Addendum Rider to the Lease Page 35 June 20, 2006 Town of Southold Board Meeting Minutes Agreement Between the Town of South old and IKON Office Solutions, Inc. RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Suuervisor Scott A. Russell to execute the Addendum Rider to the Lease Aereement between the Town of Southold and IKON Office Solutions. Inc. regarding the Ricoh 3035 copier for the Southold Town Police Department, subject to the approval of the Town Attorney. '" Vote Record - ResolutioD 2006-553 Xe:s!~Ye:_ l'\i~,~~y Abstain Absent 1<1 Adopted Alll~rt~psl<i}~~ Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans i"Yoter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-554 CATEGORY: DEPARTMENT: Grants Land Preservation Authorize and Direct the Land Preservation Coordinator to Submit a Proposal to the New York State Department of Agriculture and Markets RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Land Preservation Coordinator Melissa Suiro to submit a urouosal to the New York State Deuartment of Aericulture and Markets to solicit State assistance from the Farmland Protection Implementation Grant (FPIG) Program. 0/ Vote Record - Resolution 2006-554 Yes! Aye NOlNay Abstain Absent 1<1 Adopted Albert Krupski Jr. Seconder 1<1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Voter 1<1 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2006-555 CATEGORY: DEPARTMENT: Seqra Town Clerk Find that the Adoption of the Local Law Entitled "A Local Law In Relation to Extending the Tax Exemption for Unremarried Spouses of Deceased Firefighters and Ambulance Workers Killed In Line of Duty" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations Page 36 June 20, 2006 Town of Southold Board Meeting Minutes RESOLVED that the Town Board of the Town of South old hereby finds that the adoption ofthe local law entitled "A Local Law in relation to Extendinl! the Tax Exemption for Unremarried Spouses of Deceased Firefil!hters and Ambulance Workers Killed in Line of Duty" is classified as a Tvpe II Action pursuant to SEORA Rules and Rel!Ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ./ Vote Record. Resolution 2006-555 Yes/Ay. NOflllllY Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Initiator ItI 0 0 0 0 Tabled Thomas H. Wickham .Sec9oder ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 ItI 0 Scott Russell Voter ItI 0 0 0 2006-556 CATEGORY: DEPARTMENT: Seqra Town Clerk Find that the Adoption of the Local Law Entitled "A Local Law In Relation to Amendments to the Affordable Housing District" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations RESOLVED that the Town Board ofthe Town of Southold hereby fmds that the adoDtion of the local law entitled "A Local Law in relation to Amendments to the Affordable Housinl! District" is classified as a Tvpe II Action Dursuant to SEQRA Rules and Rel!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. ./ Vote Record - Resolution 2006-556 yes/Aye NolNay Abstain Absent ItI Adopted Alb~ ~pski Jr. ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Seconder ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrawn Louisa P. Evans Initiator ItI 0 0 0 Scott Russell Initiator ItI 0 0 0 2006-557 CATEGORY: DEPARTMENT: Seqra Town Clerk Find that the Adoption of the Local Law Entitled "A Local Law In Relation to the Renumbering of the Code of the Town of Southo/d" is Classified As a Type II Action Pursuant to SEQRA Rules and Regulations Page 37 June 20, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board ofthe Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to the Renumberinl! of the Code of the Town of South old" is classified as a Tvne n Action pursuant to SEORA Rules and Rel!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. .;' Vote Record - Resolution 2006-557 Ves/Aye NolNay Abstain Absent 1<1 Adopted ,A,I~~~ps~iJr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross Voter 1<1 0 0 0 0 Tabled Thomas H. Wickham Initiator 1<1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 2006-558 CATEGORY: DEPARTMENT: Misc. Public Hearing Land Preservation Sets Tuesday, July 11,2006, At 8:00 P.M, Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearingfor the Purchase of a Development Rights Easement on Property Owned by Caberon Properties, Inc RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands), Chapter 59 (Open Space), and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. Julv 11. 2006. at 8:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearin!! for the purchase of a development ri!!hts easement on property owned bv Caberon Properties. Inc. Said properties are identified as SCTM #1000-1 09-5-p/o 16.1 (Parcell) and SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in Cutchogue in an A-C zoning district. Parcel 2 is on the southerly side of Cedars Road approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in an R-40 zoning district. The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The combined parcels are more commonly known as Cedars Golf Club. Page 38 June 20, 2006 Town of South old Board Meeting Minutes The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale. There is a nine-hole public golf course located on the properties. The Town is proposing to acquire the development rights on these properties with the intent of allowing the existing use to continue. Any purchase by the Town will restrict future use of the property to continued use as a public golf course, change of use to a different type of public recreational use, or agricultural use. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and recreational value; and 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. ./ Vote Record - Resolution 2006-558 Yes/Aye NoJN:IIY Abstain Absent ItI Adopted AI~..~ps1ciJr~ Initiator ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrawn Louisa P. Evans Seconder ItI 0 0 0 Scott RusseU oYoter ItI 0 0 0 2006-559 CATEGORY: DEPARTMENT: Subdivisions Town Clerk Accept the Certificate of Deposit From Steven Dubner for the Proposed Clustered Conservation Subdivision RESOLVED that the Town Board of the Town of Southold hereby accevts the Certificate of Devosit #5200009277. in the amount of $34.185.00, from Steven Dubner for the proposed Page 39 June 20, 2006 Town of Southold Board Meeting Minutes clustered Conservation Subdivision, based on the Southold Town Planning Board's recommendation, dated June 14,2006. ./ Vote Record - Resolution Z0f)6..S59 Yes/Aye l'l()!N"y Abstain Absent Ii!! Adopted Albert Krupski Jr. '..Secooder 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 Voter Ii!! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!! 0 0 0 Scott Russell Voter Ii!! 0 0 0 2006-560 CATEGORY: DEPARTMENT: Seqra Land Preservation The Purchase of Property From C & D Realty is Classified As an Unlisted Action Pursuant to the SEQRA Rules and Regulations WHEREAS, the Town Board of the Town of South old wishes to purchase property owned by C&D Realty for open space purposes pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Code of the Town of Southold. 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 (subj ect to survey) property; and WHEREAS, the subject property contains wetlands and borders on Harold's Branch of Mattituck Inlet. 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; and WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (I) Sanitary Flow Credit is available upon the Town's purchase of this property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be Page 40 June 20, 2006 Town of South old Board Meeting Minutes 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; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEORA Rules and Reeulations. 6NYCRR 617.1 et. Seq.; and, be it further RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ./ Vote Record - Resolution 2006-560 Yes/Aye ~o!NllY Abstain Absent Iil Adopted A,I~~:I4upskiJr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross 'Initiator Iil 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2006-561 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Solid Waste Management District Authorize and Direct Supervisor Scott A. Russell to Execute an Extension to the Professional Engineering Services Contract ofL.K. McLean Associates, P.c. WHEREAS the anticipated completion date for construction of the Solid Waste Transfer Station is on or about July 15, 2006, or about 3 weeks later than estimated at the start of the project; and WHEREAS construction oversight engineers L.K. McLean Associates, P .C. will have reached Page 41 June 20, 2006 Town of South old Board Meeting Minutes their contract maximum on or about June 26, 2006; and WHEREAS ongoing professional oversight of activities is necessary to ensure proper completion of the Transfer Station Project; and WHEREAS contingency engineering funds are available for this purpose in the 2006 Solid Waste Management District budget, it is now hereby RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an extension to the professional enlrlneerine services contract ofL.K. McLean Associates. P.C. dated September 7. 2005. for construction oversieht of the Cutchoeue Transfer Station Project at a rate of $5.000 per week for UP to a maximum of 4 additional weeks, all in accordance with the approval of the Town Attorney. 0/ Vote Record - Resolution 2006-561 y e~ AY~.....' ..NolNay 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 Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-562 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District Modify the 2006 Solid Waste Management District Budget RESOLVED that the Town Board of the Town of South old hereby modifies the 2006 Solid Waste Manaeement District budeet as follows: From: SR 8160.4.400.675 SR 8160.4.600.200 Repairs CAT Compactor Meetings & Seminars $ 1,000 $ 500 To: SR 8160.4.400.600 SR 8160.4.600.300 Scale Maintenance Travel Reimbursement $ 1,000 $ 500 Page 42 June 20, 2006 Town of South old Board Meeting Minutes .;' Vote Record -Rtsolution 2006-562 Y4:~J\.Y4l: l~~/N)IY Abstain Absent 1<1 Adopted i\lbert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 1<1 0 0 0 0 Defeated Daniel C. Ross '..SectJllder 1<1 0 0 0 0 Tabled Thomas H. Wickham Initiator 1<1 0 0 0 0 Withdrawn Louisa P. Evans "Yoter 1<1 0 0 0 Scott Russell ' Voter 1<1 0 0 0 2006-563 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Solid Waste Management District Authorize and Direct Supervisor Scott A. Russell to Execute a Letter Agreement with H2M Group to Monitor for Landfill Gas on a Quarterly Basis As Proposed In Their Letter of May 23. 2006 to the Solid Waste Coordinator WHEREAS the New York State DEC requires regular monitoring of landfill gasses; and WHEREAS the Town lacks the resources to perform the required monitoring with proper equipment and experienced personnel on a regular basis; and WHEREAS H2M Group of MelviIIe, NY has submitted the most competitive proposal to monitor for gas by utilizing resources currently provided under its contract with the Town to perform quarterly groundwater monitoring at the landfill along with preparation of all required reports for the DEC; and WHEREAS adequate contingency funds exist in the 2006 SWMD budget that can be utilized for this purpose, it is hereby RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute a letter al!:reement with H2M Group to monitor for landf"illl!:as on a Quarterlv basis as proposed in their letter of Mav 23. 2006 to the Solid Waste Coordinator for the 2nd, 3rd, and 4th quarters of2006 at a total cost not to exceed $4,850, all in accordance with the approval of the Town Attorney. Page 43 June 20, 2006 Town of South old Board Meeting Minutes .t' Vote Record - Resolution 2006-563 YeslA.ye No~ay Abstain Absent Ii!I Adopted t\1~~,I<J:up~ki Jr. Initiator Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii!I 0 0 0 0 Defeated Daniel C. Ross 'Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham L'_Y~ter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2006-564 CATEGORY: DEPARTMENT: Employment - FIFO Accounting Appoint Theater Personnel for Fishers Island Ferry RESOLVED that the Town Board of the Town of South old hereby appoints Mike Conrov to the seasonal position of Recreational Aide at a rate of $125 per movie and Karla Heath to the seasonal position of Clerk at a rate of $200 per week for the operation of the movie theater by the Fishers Island Ferry District, effective from June 30, 2006 to September 5,2006, '" Vote Record - Resolution 2006-564 yes/Jt.Yf, N:j)/Nay 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 Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 0 2006-565 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the New Suffolk Civic Association to Use Town Roadsfor Its Annual Independence Day Parade In New Suffolk on Tuesday, July 4, 2006 RESOLVED that the Town Board of the Town of South old hereby erants permission to the New Suffolk Civic Association to use the followine roads for its Annual Independence Dav Parade in New Suffolk on Tuesdav. Julv 4. 2006 be2innine at 10:30 AM on Old Harbor Road and Tuthill Road, proceeding down New Suffolk Road to Fifth Street, then onto Main Street, turning onto Second Street and ending at the Town Beach, provided they file with the Town Clerk a One Million Dollar Certificate ofInsurance naming the Town of South old as an Page 44 June 20, 2006 Town of Southold Board Meeting Minutes additional insured and notify Capt. Flatley within ten (10) days of the approval of this resolution to coordinate traffic control. ./ Vote Record ~ Resolution 2006-565 Y~slp'ye l\l()/J'Ilay Abstain Absent &'I Adopted AI~~pskiJr. '.Yo!er &'I 0 0 0 0 Adopted as Amended William P. Edwards Voter &'I 0 0 0 0 Defeated Daniel C. Ross Initiator &'I 0 0 0 0 Tabled Thomas H. Wickham Seconder &'I 0 0 0 0 Withdrawn Louisa P. Evans Voter &'I 0 0 0 Scott Russell Yoter &'I 0 0 0 2006-566 CATEGORY: DEPARTMENT: Seqra Town Attorney Determine that the Object and Purpose of the Authorization to Finance the Acquisition of Certain Emergency Generators At an Estimated Total Cost of$175,000 is Classified As a Type II Action Pursuant to SEQRA Rules RESOLVED that the Town Board of the Town of Southold hereby determines that the obiect and purpose of the authorization to fmance the acquisition of certain emen!ency eenerators at an estimated total cost of $175.000 is classified as a Type II Action pursuant to SEORA Rules and Reeulations. 6 NYCRR Section 617.5, and is not subject to further review under SEQRA. ./ Vote Record ~ Resolution 2006-566 Yes/Aye NolNay Abstain Absent &'I Adopted Albert Krupski Jr. Voter &'I 0 0 0 0 Adopted as Amended William P. Edwards Voter &'I 0 0 0 0 Defeated Daniel C. Ross Voter &'I 0 0 0 0 Tabled Thomas H. Wickham Seconder &'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator &'I 0 0 0 Scott Russell Voter &'I , 0 0 0 2006-567 CATEGORY: DEPARTMENT: Bond Town Clerk Authorize the Acquisition of Certain Emergency Generators for Use In and for the Town At the Estimated Maximum Costof$I75,000 BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS Page 45 June 20, 2006 Town of Southold Board Meeting Minutes FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH APPROPRIATION. THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of $25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor. The plan of financing includes the issuance of bonds of the Town in the principal amount of $175,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Serial bonds of the Town in the principal amount of $175,000 are hereby authorized to be issued pursuant to the provisions ofthe Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (referred to herein as the "Law"), to finance said appropriation. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the objects or purposes for which said serial bonds are authorized to be issued, within the limitations of Section 11.00 a. 32 of the Law, is five (5) years. Page 46 June 20, 2006 Town of South old Board Meeting Minutes (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized, or for expenditures made on or prior to such date if a prior declaration of intent has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The Town Board of the Town, acting in the role of Lead Agency pursuant to the provisions of the New York State Environmental Quality Review Act ("SEQRA") has heretofore determined that each specific object or purpose herein above described in Section I is a Type 11 Action as defined in said Act and the Regulations promulgated thereunder and no further review is required. (d) The proposed maturity of the bonds authorized by this resolution will not exceed five (5) years. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town without limitation of rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and of Section 50.00 and Sections 56.00 to 60.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the Page 47 June 20, 2006 Town of South old Board Meeting Minutes renewals of said bond anticipation notes, are hereby delegated to the Supervisor, the chief fiscal officer ofthe Town. The validity of the bonds authorized by this resolution and of any notes issued in anticipation of the sale of said bonds may be contested only if: such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or the provisions oflaw which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or such obligations are authorized in violation of the provisions of the constitution. This bond resolution shall take effect immediately, and the Town Clerk is hereby authorized and directed to publish a summary of this bond resolution, in substantially the form set forth in Exhibit A attached hereto and made a part hereof, together with a Notice attached in substantially the form prescribed by Section 81.00 of the Law in "THE SUFFOLK TIMES," a newspaper published in Southold, New York, having a general circulation in the Town and hereby designated the official newspaper of said Town for such publication. * * * Exhibit A BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JUNE 20, 2006, AUTHORIZING THE ACQUISITION OF CERTAIN EMERGENCY GENERATORS FOR USE IN AND FOR THE TOWN AT THE ESTIMATED MAXIMUM COST OF $175,000; APPROPRIATING SAID AMOUNT THEREFOR AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $175,000 TO FINANCE SUCH APPROPRIATION. Page 48 June 20, 2006 Town of South old Board Meeting Minutes Object or purpose: to acquire certain emergency generators for use in and for the Town, as follows: (a) a 75 kilowatt ("KW") diesel generator for use at Town Hall, at an estimated maximum cost of $40,000; (b) a 75 KW portable diesel generator for use by the Town Police Department, at an estimated maximum cost of $40,000; (c) a 100 KW diesel generator for use by the Town Highway Department, at an estimated maximum cost of $48,000 and (d) a 40 KW diesel generator for use by the Human Resource Center at the estimated maximum cost of$25,000. The estimated total cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $175,000 and said amount is hereby appropriated therefor Amount of obligations to be issued: $175,000 Period of probable usefulness: five (5) years A complete copy of the Bond Resolution summarized above shall be available for public inspection during normal business hours at the office of the Town Clerk, Town Hall, 53095 Main Road, Southold, New York. Dated: June 20, 2006 Southold, New York ". Vote Record. Resolution 2006-567 Y~sl~y~ JIIl~!NllY Abstain Absent Ii! Adopted Albert Krupski Jr. Voter 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 Initiator Ii! 0 0 0 0 Withdmwn Louisa P. Evans Seconder Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2006-568 Page 49 June 20, 2006 Town of South old Board Meeting Minutes CATEGORY: DEPARTMENT: Budget Modification Police Dept Modify the 2006 General Fund, Whole Town Budget - Police RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 General Fund. Whole Town Bud!!:et as follows: TO: Revenues: A.270S.40 Gifts & Donations $500.00 FROM: Appropriations: A.3l20.2.S00.1 00 Breath Analysis Equipment $500.00 ./ Vote Record - Resolution 2006-568 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. o..iDitiator Ii!I 0 0 0 0 Adopted as Amended William P. Edwards Seconder 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 Ii!I 0 0 0 Scott Russell Voter Ii!I 0 0 b 2006-569 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk Grant Permission to the Mattituck Presbyterian Church to Close the Sound Avenue/or Its Annual Summer Fair In Mattituck. RESOLVED that the Town Board of the Town of Southold hereby !!:rants permission to the Mattituck Presbvterian Church to close Sound Avenue from Love Lane to the drivewav of the parkin!!: lot east of the Church of the Redeemer. for its Annual Summer Fair in Mattituck on Au!!:ust 5. 2006 beginning at 7:00 a.m. to 4:00 p.m., 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 within ten (10) days of the approval of this resolution to coordinate traffic control. Page 50 June 20, 2006 Town of South old Board Meeting Minutes ./ Vote Record - Resolution 2006.569 Yes/Aye l'ltl!NllY 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 Ii'I 0 0 0 0 Tabled Thomas H. Wickham . Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-570 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Members to be Stakeholders for the Fishers Island Hamlet Study RESOLVED that the Town Board of the Town of Southold hereby appoints the foUowinl!. members to be stakeholders for the Fishers Island Hamlet Study: Heather Burnham Ken Edwards Judi Imbriglio Peter Burr Bill Ridgway Audrey Ludemann Sarah Malinowski Meredith Harr oJ' Vote Record. Resolution 20(t6...S70 Yes/Aye NolNay Abstain Absent Ii'I Adopted AlbertKropski 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 Voter Ii'I d 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-571 CATEGORY: DEPARTMENT: Traffic Study Town Attorney Authorizes Supervisor Scott A. Russell to Execute the Authorization to Proceed with a Traffic Corridor Study As Outlined In the June I3, 2006 Proposal of Schneider Engineering, PLLC RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute the al!.reement to proceed with a traffic corridor study as outlined in the June 13.2006 Proposal of Schneider Enl!.ineerinl!.. PLLC, as may be modified and directed by the Town Board, subject to the approval of the Town Attorney. PageS! June 20, 2006 Town of South old Board Meeting Minutes ./ Vote Record - ResOlution 2006-571 YesfA.ye. JIllo/rIJay Abstain Absent Ii! Adopted Albet1 Krupski Jr. Voter 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 Tabled Thomas H. Wickham ; .Seconcl'er Ii! 0 0 0 0 Withdrawn Louisa P. Evans "Ifiitiator Ii! 0 0 0 Scott Russell Voter 0 Ii! 0 , 0 2006-572 CATEGORY: DEPARTMENT: Traffic Study Town Attorney Authorizes Supervisor Scoll A. Russell to Retain the Services of VMS Planning Services for the Limited Purpose of Assistance In Scoping a Traffic Corridor Study RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain the services of VMS Plannin!!: Services for the limited purpose of assistance in scopin!!: a traffic corridor study, at an hourly rate not to exceed $125 per hour, at the direction of the Town Board, subject to the approval of the Town Attorney. ./ Vote Record - Resolution 2006-572 Yes/Aye NolNay Abstain Absent 0 Adopted AlbertKrupski Jr. Voter 0 Ii! 0 0 0 Adopted as Amended William P. Edwards Voter Ii! 0 0 0 Ii! Defeated Daniel C. Ross Voter 0 Ii! 0 0 0 Tabled Thomas H. Wickham Initiator 0 Ii! 0 0 0 Withdrawn Louisa P. Evans Seconder Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 2006-573 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact the Local Law Entitled, "A Local Law In Relation to Extending the Tax Exemptionfor Un- Remarried Spouses of Deceased Firefighters and Ambulance Workers Killed In Line of Duty" 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 Extendin!!: the Tax Exemption for Unremarried Spouses of Deceased Firefi!!:hters and Ambulance Workers Killed in Line of Duty" and Page 52 June 20, 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, now therefor be it RESOLVED that the Town Board hereby ENACTS the Local Law entitled, "A Local Law in relation to Extendinl!. the Tax Exemption for Un-remarried Spouses of Deceased Firefil!.hters and Ambulance Workers Killed in Line of Dutv" reads as follows: LOCAL LAW NO......2....2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty. BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose. The amendments to this local law are intended to permit the Board of Assessors to extend the Real Property tax exemption granted to the un-remarried spouses of volunteer fire fighters and ambulance workers who are killed in the line of duty. In support of these vitally necessary volunteers and their efforts to preserve the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it appropriate to extend such tax exemptions to their un-remarried spouses in the event of such tragedy. II. Chapter 85 of the Code of the Town of South old is hereby amended as follows: ~ 85-13. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in line of duty. Any exemption granted under ~ 85-11 to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated volunteer ambulance service, shall be extended to such deceased enrolled member's un-remarried spouse if such member is killed in the line of duty; provided, however, that: A. Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated volunteer ambulance service as an un-remarried spouse of an enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who was killed in the line of duty; and B. Such deceased volunteer had been an enrolled member for at least five years; and C. Such deceased volunteer had been receiving the exemption prior to his or her death. ~ 85-14. Applicability. Page 53 June 20, 2006 Town of South old Board Meeting Minutes Section 85-14 shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2006. 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 2006-573 yes.'Aye r;OIN8Y Abstain Absent I;'J Adopted Albert Krupski Jr. ;Y~ter I;'J 0 0 0 0 Adopted as Amended William P. Edwards Voter I;'J 0 0 0 0 Defeated Daniel C. Ross . 'Seconder I;'J 0 0 0 0 Tabled Thomas H. Wickham Initiator I;'J 0 0 0 0 Withdrawn Louisa P. Evans Voter I;'J 0 0 0 Scott Russell Voter I;'J 0 0 0 2006-574 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact the Local Law Entitled, "A Local Law In Relation to Amendments to the Affordable Housing District" WHEREAS, there has been presented to the Town Board ofthe Town of South old, Suffolk County, New York, on the 23rd day of May, 2006 a Local Law entitled "A Local Law in relation to Amendments to the Affordable Housin!! District", and 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, now therefor be it Page 54 June 20, 2006 Town of South old Board Meeting Minutes RESOLVED that the Town Board hereby ENACTS the Local Law entitled, "A Local Law in relation to Amendments to the Affordable Housine District" which reads as follows: LOCAL LAW NO. 10 OF 2006 A Local Law entitled, "A Local Law in relation to Amendments to the Affordable Housing District" . BE IT ENACTED by the Town Board of the Town of South old as follows: Section 1. Purpose. The Town Board is including a definition of Net Worth, as the term is used in the legislation but not defined. Additionally, a provision is included in the Zoning District to allow for the variance of regulations applicable to the AHD depending on the requirements imposed by subsidy sources in a specific development. Further, this Local Law imposes a maintenance and upkeep requirement in the AHD District, punishable by a fine. Section 2. Code Amendment. ~100-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: NET WORTH- Net Worth of an applicant shall include all liquid assets less debt. liquid assets shall not include sheltered assets. trusts. Individual Retirement Accounts (IRA's). 40lk's and all other federallv recoenized tax deferred vehicles. ~ 1 00-56. General regulations and requirements. G. The Regulations and general provisions of this Chapter mav be varied at the discretion of the Town Board based on the requirements of sub sid v sources ofa specific development. & 1 00-59. Maintenance and Upkeep. Page 55 June 20, 2006 Town of Southold Board Meeting Minutes A. A dwelling unit and premises created in the AHD Zoning District after J anuarv I. 2006. shall be maintained in accordance with the provisions of the Propertv Maintenance Code of New York State. B. Failure to complv with this Section shall be a violation punishable bv a fine of not less than $250.00 and not more than $1.000.00. 9 100~.60 Penalties for offenses. Any violation of any provision of this Article shall be punishable in the following manner: A. First offense: by a fine of not less than $1,000 nor more than $5,000. B. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. C. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. D. Any individual who has violated covenants and resolutions imposed pursuant to this Article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD District. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court or competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 0/ Vote Reeord - Resolution 2006-574 YeslAY~ }lll()/NIlY Abstain Absent iii Adopted AJ.~ert: I~J:lIpsIci Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Voter iii 0 0 0 Page 56 June 20, 2006 Town of South old Board Meeting Minutes 2006-575 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact the Local Law Entitled, "A Local Law In Relation to the Renumbering of the Code of the Town of Southold " WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of May, 2006 a Local Law entitled "A Local Law in relation to the Renumberinl! of the Code of the Town of Sonthold", and 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, now therefor be it RESOLVED that the Town Board hereby ENACTS the Local Law entitled, "A Local Law in relation to the Renumberinl! of the Code of the Town of Southold" which reads as follows: LOCAL LAW NO. 11 OF 2006 A Local Law entitled, "A Local Law in relation to the Renumbering of the Code ofthe Town of Southold". BE IT ENACTED by the Town Board of the Town of South old as follows: ARTICLE II Adoption of Renumbered 2006 Code ~ 1-14. Legislative intent. The local laws and legislation of the Town of Southold of a general and permanent nature, including the 1973 Code adopted by the Town Board of the Town of Southold, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., as set forth in the Derivation Table below, and as renumbered to consist of Chapters I through 280, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of South old," hereafter known and referred to as the "Code." Page 57 June 20, 2006 Town of South old Board Meeting Minutes ChapterlTitle From 1973 Code Location in 2006 Code Ch. I, General Provisions Art. I, Adoption of Code Ch. I, Art. I Art. II, Adoption of Renumbered 2006 Code NLP; see Ch. I, Art. II Ch. 4, Assessors Art. I, Election Ch. 9, Art. I Art II, Number Ch. 9, Art. II Ch. 6, Community Preservation Fund Art. I, Southold Community Preservation Fund Ch. 17, Art. I Art. II, Southold Community Preservation Project Plan Ch. 17, Art. II Art. Ill, Community Preservation Fund Advisory Board Ch. I 7, Art. III Art. IV, Two-Percent Real Estate Transfer Tax Ch. 17, Art. IV Ch. 7, Committees, Appointment of Ch.13 Ch. 8, Defense and Indemnification of Employees Ch.21 Ch. 10, Ethics, Code of Ch.26 Ch. 11, Expenses of Town Officers Ch.30 Ch 14, Local Laws, Adoption of Ch.38 Ch. 16, Officers and Employees Art. I, Town Clerk Ch. 42, Art. I Art. II, Superintendent of Highways Ch. 42, Art. II Ch. 18, Police Department Ch.51 Ch. 22, Transportation Access Management Ch.64 Ch. 24, Alarm Systems Ch.75 Ch. 25, Agricultural Lands Preservation Ch.70 Ch. 26, Appearance Tickets Ch.5 Ch. 28, Bicycles Ch.88 Ch. 30, Bingo and Games of Chance Art. I, Bingo Ch. 92, Art. I Art. II, Games of Chance Ch. 92, Art. II Ch. 32, Boats, Docks and Wharves Art. I, Obstruction and Use of Town Waters Ch. 96, Art. I Art. II, Public Docks Ch. 96, Art. II Art. Ill, Boats Ch. 96, Art. III Art. IV, Floating Homes Ch. 96, Art. IV Art. V, Administration and Enforcement Ch. 96, Art. V Ch. 33, Fishers Island Harbor Management Ch. 157 Page 58 June 20, 2006 Town of South old Board Meeting Minutes Chapterffitle From 1973 Code Location in 2006 Code Ch.36,Burning,Outdoor Ch. 104 Ch. 37, Coastal Erosion Hazard Areas Ch.ll1 Ch. 38, Dogs Art. 1, General Regulations Ch. 83, Art. II Art. II, Fees Ch. 83, Art. III Ch. 39, Domestic Partnerships Ch.121 Ch. 41, Ducks Ch. 83, Art. I Ch. 43, Electrical Inspections Ch. 126 Ch. 44, Environmental Quality Review Ch. 130 Ch. 44A, Filming Ch. 139 Ch. 45, Fire Prevention and Building Code, Uniform Ch. 144 Ch. 46, Flood Damage Prevention Ch. 148 Ch. 47, Farm Stands Ch. 135 Ch. 48, Garbage, Rubbish and Refuse Ch. 233, Art. I Ch. 49, Highway Defects, Notice of Ch. 237, Art. I Ch. 54, Junkyards Ch.166 Ch.56, Landmark Preservation Ch. 170 Ch. 57, Littering Ch.174 Ch. 58, Notice of Public Hearing Ch.55 Ch. 59, Open Space Preservation Ch.185 Ch. 60, Motor-Driven Vehicles Ch. 264, Art. II Ch. 62, Parks and Recreation Areas Art. I, Use Regulations and Restrictions Ch. 193, Art. I Ch. 65, Parking at Beaches Ch. 189, Art. I Ch. 67, Peace and Good Order Art. I, Public Consumption of Alcoholic Beverages Ch. 79, Art. I Ch. 69, Peddlers, Solicitors and Transient Retail Ch. 197 Merchants Ch. 71, Public Entertainment and Special Events Ch. 205 Ch. 72, Records Management Ch. 59, Art. II Ch. 73, Records, Public Access to Ch. 59, Art. I Ch. 74, Salvaging Centers Ch. 211 Ch. 75, Scavenger Wastes Ch. 215, Art. I Ch. 76, Sewers Art. I, Sewer Use Ch. 215, Art. II Art. II, Rents and Charges Ch. 215, Art. III Ch. 77, Shellfish Page 59 June 20, 2006 Town of South old Board Meeting Minutes ChaDterrritle From 1973 Code Location in 2006 Code Art. I, Catching of Shrimp Ch. 219, Art. I Art. II, Taking of Shellfish and Eels Ch. 219, Art. II Ch. 80, Sidewalks Ch. 237, Art. III Ch. 81, Soil Removal Ch. 228 Ch. 83, Street Excavations Ch. 237, Art. II Ch. 84, Street Numbering; Addresses Ch. 237, Art. IV Ch. 85, Taxation Art. I, Senior Citizen Exemption Ch. 245, Art. I Art. II, Business Investment Exemption Ch. 245, Art. II Art. III, Veterans' Exemption Ch. 245, Art. III Art. IV, Exemption for Disabled Persons With Limited Ch. 245, Art. IV Income Art. V, Exemption for Volunteer Fire Fighters and Ch. 245, Art. V Ambulance Workers Ch. 86, Tobacco Advertising Ch. 249 Ch. 87, Transfer of Development Rights Ch. 117 Ch. 88, Tourist and Trailer Camps Art. I, General Regulations Ch. 253, Art. I Art. II, Recreational Vehicle Parks Ch. 253, Art. II Ch. 89, Unlicensed Motor-Driven Vehicles Ch. 264, Art. I Ch. 90, Unsafe Buildings Ch.IOO Ch. 92, Vehicles and Traffic Ch.260 Ch. 95, Waterfront Consistency Review Ch. 268 Ch. 97, Wetlands and Shoreline Ch. 275 Ch. 98, Housing Fund Ch.34 Ch. 100, Zoning Ch. 280 APPENDIX Ch. AI05, Grievance Procedures Ch. 47, Art. I Ch. A106, Subdivision of Land Ch. 240 Ch. AI07, Police Department Rules and Regulations Ch. A290 Ch. AI08, Highway Specifications Ch.161 ~ 1-15. Nonsubstantive changes in previously adopted legislation. In compiling and preparing the legislation and 1973 Code for publication as the 2006 Code of the Town of Southold, no changes in the meaning or intent of such ordinances have been made. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces oflegislation. Chapters, articles and sections have been renumbered pursuant to Page 60 June 20, 2006 Town of South old Board Meeting Minutes the table in 9 1-14, including all internal references and cross-references. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such. ~ 1-16. Continuation of provisions. A. The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law , ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Southold, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. B. For purposes of transition from the 1973 Code to this Code, any reference to a chapter of section number from the 1973 Code on or in any form, license, permit, ticket or other Town document shall be deemed to refer to the corresponding chapter or section in this code until such form, license, permit, ticket or other Town document is revised or reprinted to refer to the numbering in this code. ~ 1-17. Incorporation of provisions into Code. The provisions of this local law are hereby made Article 11 of Chapter 1 of the Code of the Town of Southold, such local law to be entitled "General Provisions, Article 11, Adoption of Renumbered 2006 Code," and the sections of this local law shall be numbered 99 1-14 to 1-18, inclusive. ~ 1-18. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. '" Vote Record - Resolution 2006-575 Y~~~ye NolNay Abstain Absent Ii'I Adopted Alllt:rl~ps.l(i}r. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards VotlT Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2006-576 CATEGORY: Contracts, Lease & Agreements Page 61 June 20, 2006 Town of Southold Board Meeting Minutes DEPARTMENT: Land Preservation Elect to Purchase the Property Owned C & D Realty WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of the property owned by C & D Realty on this 20th day of June, 2006, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-113-4-1 and 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 A venue and Cox Neck Road in Mattituck; and WHEREAS, the subject property contains wetlands and borders on Harold's Branch of Mattituck Inlet; and WHEREAS, the open space acquisition is for fee title of the entire approximately 0.75 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value as a bargain sale. The purchase price for this open space acquisition is $200,000 (two hundred thousand dollars) plus acquisition costs; and WHEREAS, the property is listed on the Town's January 2006 update to the Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its significant wetlands; and WHEREAS, the property is to be purchased for the purpose of the preservation of open space, stormwater remediation and water quality control; and Page 62 June 20, 2006 Town of South old Board Meeting Minutes WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code; 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 L WRP; and WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of SouthoId, Section 87-5, one (1) Sanitary Flow Credit is available upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit into the 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; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the property; and WHEREAS, the Town Board deems it in the best public interest that the Town of SouthoId purchase fee title to the subject property for the purpose of open space, stormwater remediation and water quality control; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, the Town Board of the Town of SouthoId hereby elects to purchase the property owned C & D Realtv. 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 side 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 for fee title is approximately 0.75 acre (subject to survey). and has been offered for sale to the Town of Southold as a bargain sale. The purchase price for this open space Page 63 June 20, 2006 Town of Southold Board Meeting Minutes acquisition is $200,000 (two hundred thousand dollars) plus acquisition costs. Town funding for this purchase is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code; 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. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (I) Sanitary Flow Credit is available upon the Town's purchase of the property. .t' Vote Retard ~ Resolution 2006-576 Yes/Aye l'lC)t~)IY Abstain Absent Iil Adopted A1bertKrupskiJr, Initiator Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Initiator Iil 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iil 0 g 0 Scott Russell Voter Iil 0 0 VII. Public Hearin2s 1. 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 hearin2. ,/ Vote Record - Motion to recess to Public Hearioe: ~~~Ay~ NolN:lIy:___Abstain Absent Albert Krupski Jr. Voter Iil 0 0 0 Iil Adopted William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Withdrawn Thomas H. Wickham Voter Iil 0 0 0 Louisa P. Evans Initiator Iil 0 0 0 Scott Russell Seconder 6'1 0 0 0 Public Hearing # 1 Adjourned 6/20/2006 4:30 PM CHANGE DATE OF TEPERMAN COASTAL EROSION APPEAL COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that the Town Board of the Town of South old hereby sets JUNE 20, 2006 at 9:00 a.m., Southold Town Hall, 53095 Main road, Southold, New York as the time and place for a public hearing on the question of appealing the determination ofthe Southold Town Trustees dated December 21,2005, which decision denied the application of Dr & Mrs. Teperman for beach house repairs as built and proposed. The property in question is identified by SCTM# 1000-21-2-16. The application was denied under Chapter 37 (Coastal Erosion Hazard Areas) of the Town Code. A more detailed description of the above mentioned application is on file in the Southold Town Clerk's Office, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Page 64 June 20, 2006 Town of South old Board Meeting Minutes I have notification that this has appeared as a legal in the newspaper and it has appeared on the Town Clerk's bulletin board outside. I might just mention that this hearing was originally scheduled for May 23'd, at that time it was adjourned at the request of the applicant and put on the agenda or requested for a later date and today's date, this morning at 9:00 is that date. SUPERVISOR RUSSELL: I am going to open up the floor for public comment. ASSISTANT TOWN ATTORNEY CORCORAN: I would suggest for convenience that the Board consider adopting the record below and incorporating into the record of the appeal including the minutes and all exhibits that were introduced at that hearing. COUNCILMAN WICKHAM: I might add that I have all of those records and commentary are in the file here but it is really too voluminous to read at this date. WILLIAM MOORE: William Moore, attorney for the Teperman's. Good morning. Let me just begin by sharing with you some information that you can follow along with. I appreciate your suggestion on the record. That was going to be my request as well, so I join in yours. I have one set of photographs in color, so you can see the property area that we are talking about. And then a folder for each of you with some of the information that will be helpful as well. Let me begin by saying is that what we are appealing here is actually the granting of a permit. The decision the Trustee's granted the permit under coastal erosion and then imposed a series of conditions. So for clarification, we will stick with affirming the grant of the permit but we will adjust our comments and our concerns with the conditions imposed. If you look at the property and we are talking about Aquaview off of Stars Road and Rocky Point Road up in East Marion; high bluff area and historically, down on that beach along those properties have been since the 30's and 40's and throughout, a series of beach cabana's. The photographs that are in that record and are here show that. In fact, there is seven of these beach cabanas down in that area, of which the Teperman's are now the owners of one and the upland house. This says these cabana's were built back in the 50's and sometimes earlier. The subject property of the Teperman's, the cabana actually at one point served as the first dwelling on the property back in the 40's and the 50's that cabana was used and it wasn't until 1975 that the house was built at the top of the bluff. A little bit of trivia, it was the house that was owned by the star of Bonanza, Lome Green, so you are familiar with the property. The Ponderosa. As I said, what we are talking about here is the Trustees granting the Coastal Erosion permit for the structure and a lot of testimony was gone back and forth in that record but the bottom line is, in their decision the Trustee's acknowledged the historic existence of the structure and in the basic footprint that was there. That is not up for discussion or question by us. The Trustee's focus was more on the use of the structure and historic use. And I make more of a lawyer's argument at the moment that is not really the subject of the Coastal Erosion law. The Trustee's reflected the concern of what was inside the structure and how it was going to be used rather than the fact the structure was there and yet in their decision, they acknowledge the structure. So I can tell you this, in reading the comments from the hearings below, there was great concern that this had been used as dwelling and could continue to be used as a dwelling and I offer to the Board now that in lieu of the conditions, if you look in the folder I presented you, the first document in there is the decision. Page 2 of that Page 65 June 20, 2006 Town of South old Board Meeting Minutes decision sets forth a series of conditions and what the Trustees did was deny the application for the as-built beach house, turn around and granted the Coastal Erosion permit; classified the structure as a storage shed and then imposed a series of conditions saying remove all of these various things. The plumbing. In the premises there is a state of the art composting toilet replacing what used to be there back in the 30's and 40's, it was actually a toilet and there was a rudimentary sanitary system. There was even a well down there on the beach. The well has been capped off and closed. Water is brought down from the house above, as it is in all the cabanas up and down the beach there. And there is electric there, as has been since the 40's or so. But these conditions, A through F, if you look at them reflect more on the use and not the structure because I said the Trustees authorized and granted the structure to remain there with these modifications. So my first, my offer or suggestion to the Board if the concern is that it might be used as a dwelling now or in the future; we would be happy to impose a condition on the permit that was granted denying its use as a dwelling and to go so far as to impose a covenant on the property so that anybody buying the property would know it cannot be used as a dwelling. No sleeping quarters. It is simply down there, what had been has been replaced and removed. There was an old kitchen in there with a stove. The stove was removed, it was unsafe. There was a sink in there with running water; there is an outdoor shower. As I mentioned before, the toilet was removed and put in the biolet, the Swedish biolet composting toilet is in there and we would be happy with a permit that restricts and prohibits it as a dwelling space. That is not the intention, it is not its use and that would be perfectly satisfactory with us. As I said, there has been and continues to be electric service down there and water and that is it. It is not used for anything else but a summer respite from the sun. They did throw in, for her 85 year old mother, a through the wall air-conditioning unit. Makes it comfortable for mom out of the sun when you are down there. It is quite a set of steps to go from the bluff down to the beach. That may seem a little excessive but it is there for her comfort and convenience. Again, we are talking about the use of the structure. No sleeping quarters, no cooking facilities. Weare not talking about stoves and any attempt to try and make this a second home on the property. I have Tom Cramer here. Tom has been a consultant for the Town in the past and Tom presented information, testimony to the Board then and he has some comments and observations about the conditions imposed as they relate to the Coastal Erosion law. I will just take you through before I have Tom speak. The other documents in your file for information is a survey of the property showing existing conditions, there are historical surveys in there and like I said, the Trustees didn't question the structure. We had aerial photographs presented, we had in here is a survey dating back to 1973, so the structure has been there. There is no disputes there. We have affidavits from neighbors and former owners as to the existence of the structures. At this point, I would ask Tom to come up and make some observations. His cv is in the file there for you and his professional report with regard to LWRP and the Coastal Erosion law are there for you. Thank you. THOMAS CRAMER: Good morning. For the record, my name is Thomas Cramer, principal firm of Cramer Consulting Group. The office is at 54 North Country Road in Miller Place. I have for the Board copies of some letter reports that I had done. The first one was dated back Ill.... JUSTICE EVANS: I think Bill went through that. Page 66 June 20, 2006 Town of South old Board Meeting Minutes MR. CRAMER: November 24th. Okay. And then subsequent to that, Ms. Moore asked me to take a look at the decision by the Board and I also prepared a letter report. I have copies here which I will hand out. Just for the, a little bit more on my background, I was as Bill stated, I have been a planning and environmental consultant to the Town of Southold in the past. I also was the director of Environmental Protection, as well as the Commissioner of Planning and Environment for the Town of Brookhaven. As such, in those capacities I developed and was Chief Executive officer for the implementation of the Town of Brookhaven's Coastal Erosion hazard area program, as well as the LWRP. I have worked with the Department of State as guest speaker in several of their workshops with regard to both of those programs. So I am thoroughly familiar with the ordinance. The state's part 505, the Coastal Erosion now with the local waterfront revitalization and coastal erosion is the basis of the Town of Southold's ordinance, so again, I am very familiar with all of the programs. I took a look at the resolution that was adopted by the Trustees and there was nine whereas', where they discussed why they granted this permit and why they put the conditions on it. The first four basically went into that the Trustees reviewed the project and did field inspections and took testimony. Numbers five and nine both dealt with the Town of South old's LWRP and stated that it was inconsistent with the LWRP. In my professional opinion, it is not. And most of the, there was no analysis provided, it was just a listing of these policies. The November 24th letter goes into details as far as each one of those and I won't repeat them at this point but most of them were found to be really irrelevant because this was a existing structure on the site, it was not new construction, there was not a proposed increase in size than what was there originally. The sixth one stated that it was in, it was a historic structure and recognized the uses on the particular property. Number eight went on to say that the structure underwent extensive rebuilding and it was not considered ordinary cosmetic repair. This statement itself is unclear as far as what that meant because no where in the Town's wetlands ordinance nor the Coastal Erosion hazard ordinance does it talk anything about that. However the Town's Coastal Erosion hazard does define normal maintenance, which this would fall under. There was testimony put on the record with regard to the status of the uses; there was the previous owners provided testimony to the uses that were on the property, however there was a number of residents that, well, walked along the beach and said that there was a change in it. Certainly there was a change, there was windows replaced and things like that and different siding put on. However, this could be considered under the periodic repair and maintenance of the same kind of structural elements and protection that is included under the definition of normal maintenance. In addition, under Chapter 36, they talk about activities that are specifically allowed within a bluff area, which this structure is located on and it talks specifically about non-major additions to existing structures are allowed on the bluffs pursuant to obtaining a coastal management permit. Although non-major is not defined in the code, major is. And they consider major additions of structures being greater than 25 percent of the existing ground area coverage of an existing structure. So they don't even go into uses, it just talks about the square footage of the ground area coverage and as stated in the record and is recognized by the Trustees, this structure existed into the 50's, we have aerial photos which I don't know whether Bill provided but I have copies, one copy for the Board here from 1976, again in 1993 and 2000 that show the structure essentially in its current configuration on the beach and I will hand in a copy of that for the record. The seventh whereas states that no residences are allowed within the coastal erosion areas. This is not the case. Nowhere through the ordinance does it states that residences are not allowed within the coastal erosion hazard area. In fact, nowhere in Page 67 June 20, 2006 Town of South old Board Meeting Minutes the ordinance is there mention of residence, homes, houses or any types of structures like that. They specifically talk about structures, so as far as saying there are no residences allowed in it, this is incorrect. In fact, the ordinance does allow for the continuation of existing structures in the areas. Depending on which natural erosion protection feature it is in does it relate to how it can be maintained. But for bluff areas, as I said before, existing structures that relate to non- major additions are allowed within the bluff area. UNIDENTIFIED: (Inaudible) MR. CRAMER: This is, the structure is on the bluff. The definition of the beach goes up to the toe of the bluff, so the structure, if you look at the survey, shows the bluff line or the beach line running right across in front of the structure. So it is considered the bluff area. The beach would be in front of the toe of the bluff. COUNCILMAN WICKHAM: Is it one of these pictures? MR. CRAMER: No. In the survey. The survey shows the toe of the bluff and essentially cuts in front of the structure. COUNCILMAN WICKHAM: Is it the bottom one? MR. CRAMER: Yes. The toe of the bluff. ....ifyou look at the survey, the survey clearly shows the toe of the bluff and the structure is set back into the bluff on the bluff and it runs right in front of the structure. But again, this is the, as Bill stated, the Trustees did grant the permit for it and it does fall within the bluff area as defined. There is probably the boardwalks extend out onto the beach area but not the deck or the structure itself. Again, as previously noted, they talk about the removal of the plumbing, the plumbing vent, including the portable toilet, all utilities; appliances, electric, air-conditioner, glass, windows and doors on the north side of the structure. Yet they also exclude the shower in part of their approval, so the approval is even contradicting. In one place they say you can keep the shower and the others say you have to remove all the plumbing. Again, these types of uses do not effect the erosion of the, they are already existing, they do not affect potential erosion on the site because they are existing and they are allowed within the ordinance of the town. That pretty much covers it. Again, looking at the structure, it is, it has existed. The ordinance does allow for it, the ordinance specifically talks about existing structures and the increase of them being the footprint of them, not the use under the erosion hazard area. If the Board has any questions, I would be glad to try to answer them. COUNCILMAN ROSS: Was this an as-built application? MR. CRAMER: Yes. COUNCILMAN ROSS: And prior to the application, was the structure removed? MR. CRAMER: No. The structure remained in place. Page 68 June 20, 2006 Town of South old Board Meeting Minutes COUNCILMAN ROSS: I note in the Trustees whereas, they note that a new foundation was built. MR. CRAMER: I don't know whether new pilings were put in or something. Maybe Bill can speak to that. MR. MOORE: This was an existing locust post foundation. Additional posts were put in to sister or marry up with the existing ones that were there. COUNCILMAN ROSS: Was the structure replaced? MR. MOORE: No, this is an as-built, replaced in place and in kind, with elements, it was resided, not shingled but re-roofed. The footprint remained the same, the posts are there, you know, it was rebuilt where it is. Let me just answer a question for Tom (inaudible) if you can have it, what we are looking at is the Coastal Erosion law and its underlying purposes. And I have provided you a copy of that statute, which is our own Town Code, the purposes of the law. What I had asked Tom to comment upon in his opinion (inaudible) structures and the impacts of structures on erosion, not the uses of the structures, do the conditions imposed by the Trustees decision in any reasonable way advance the purposes of the law and Tom, I ask you to comment or answer that question. COUNCILMAN ROSS: My question really goes to whether before the permit was issued, if the structure was taken down to the posts; in which case, there would be no structure there and your 25% addition would come into play. MR. CRAMER: Okay. As I understand it, the structure was not removed, it was just strictly repaired in place. COUNCILMAN ROSS: So the Trustees 'whereas, they found a new foundation for the structure is incorrect? MR. CRAMER: As Bill said, there was existing locusts posts there and they provided additional posts undemeath to sister the existing posts. As I understand it, they were not removed, the structure was not removed. It was essentially repaired in place, which is provided in the ordinance for existing structures. And again, the only thing that would not be allowed is major construction, which is expansion of the footprint area, the ground coverage area greater than 25%. We could have gone up to 25% and still been a permitted activity within that area, however, that didn't occur. It is essentially the same footprint has just been repaired in place. ASSISTANT TOWN ATTORNEY CORCORAN: I have a question about the bluff (inaudible) an important legal question. All development is prohibited on beaches.... MR. CRAMER: That is correct. Page 69 June 20, 2006 Town of South old Board Meeting Minutes ASSISTANT TOWN ATTORNEY CORCORAN: On bluffs there is a slightly different standard. I am reading the definition of bluffs here and in the law it says a bluff is any bank or cliff with a precipitous or steeply sloped base adjoining a beach or body of water. Can you show me, you know, aside from the survey that says it is on the bluff, can you show me a picture that shows that it is on the bluff? Under that definition. MR. CRAMER: If you look on either side of the structure, the toe of the bluff stops just at the seaward edge of the structure. If you continue across... ASSISTANT TOWN ATTORNEY CORCORAN: Where is the precipitous, steeply sloped base? MR. MOORE: This structure is cut into the bluff behind the structure and unfortunately I didn't provide a photograph of that. I would be happy to add it if you like, from behind the structure. There is a retaining wall behind the structure showing that this thing is set back into the bluff area and the Trustees didn't make any observations or findings as far as it being on the beach and prohibiting it... ASSISTANT TOWN ATTORNEY CORCORAN: Well, yeah, but this Board is going to have to make that determination. MR. MOORE: I understand that. I will be happy to provide that photograph if you like. ASSISTANT TOWN ATTORNEY CORCORAN: I am seeing it sitting on a flat area, that looks like it is the beach. MR. MOORE: I can show you where it is. MR. CRAMER: Does the code speak about the top of the bluff, the bottom of the bluff? ASSISTANT TOWN ATTORNEY CORCORAN: It says the water ward limit of a bluff is the landward limit of its water ward natural protective features. (Inaudible) MR. MOORE: I have a similar picture but this shows the retaining wall and the bluff coming down... ASSISTANT TOWN ATTORNEY CORCORAN: But the steeply sloped part is landward of the structure. MR. MOORE: It is cut back in, the slope continues down on either side of it. COUNCILMAN ROSS: This is flat. MR. MOORE: No, this is cut into.... I would encourage you to go out and take a look at the site. That is probably the best. . .. Page 70 June 20, 2006 Town of South old Board Meeting Minutes PATRICIA MOORE: I am the artist and I was part of the application initially. If you look at, if you do a diagram where you are doing a diagonal, there is a retaining wall behind the and existing, this was all existing from the beginning. There is a retaining wall behind the building. There is about a foot, I would say between the retaining wall and the beginning of the back wall of the cabana. If you were to take and I think what Tom is trying to describe is that you are taking from the surveyor's, the toe of the slope is defined by the survey. It is actually bisecting, if you were to take a straight line across the building, you would actually have the toe of the slope being bisected by the building. It, you have to think of it as a diagonal cut into the toe of the slope. That is the way it was built in the 30's, 40's. That is the way it stays today. COUNCILMAN EDWARDS: So the structure itself was entirely seaward of the retaining wall? MS. MOORE: Yes. Yes. Thank you. Sorry, I had to put those words together so I could answer the question properly. MR. CRAMER: And as the photo shows, the retaining wall is relatively low and it is set back; the retaining wall is maybe about 2 foot high, drops down and then the structure comes out level and sits maybe about 4 feet up above the toe of the bluff and on either side of it the bluff comes down on the sides of it and the toe of the bluff extends out, so there is a grade underneath the structure itself. The slope coming down from the top of the retaining wall down because if it was to be made flat, the retaining wall would have had to have been like 6 feet tall or so but what it does is just the small retaining wall comes down, the structure comes out flat and on either side of it the slope comes down to where it meets the beach. And the, as shown on the survey, drawing that line straight across between the toe of the two slopes on either side is really the toe of the bluff and the beach sits out in front of that. But getting back to the question that Bill asked me with regard to whether these uses that occur whether they are impacting on the ordinance or not. They are not, they don't relate at all to the coastal erosion, they are not going to be impacting the potential erosion of the site, whether you have electricity in there or not. The toilet in fact, from what I understand the original toilet was essentially an outhouse. The new toilet is a self-contained, composting toilet that does not discharge anything into the system. It is essentially a composting toilet and you know, you create dirt at the end of it. The ordinance does talk about the purpose of it and it gives some five points, A through E under section 37-4, talks about the establishment and procedures for minimizing and preventing the damage to structures from coastal erosion hazard and protecting natural features and other natural resources. Again, the structure has been existing, there are provisions in the code that allows for the continuation of existing structures provided that it is not considered a major structure, which in this case is what is being proposed. Again, talk about regulate, coastal areas subject to coastal flooding and erosion, land use development activities so as to minimize and prevent damage or destruction of man-made property, natural protective features or other resources to protect human life. Again, this is not a residence on the beach, this is a beach house that is consistent with the uses in the area and it is a historic use, again, allowed under the code. Regulate new construction or placement of structures in order to place them at a safe distance, again, this is not a new structure, this is an existing structure. There was talks about restricting public investment and services and to encourage new permanent development that is likely to encourage new Page 71 June 20, 2006 Town of Southold Board Meeting Minutes permanent development in the erosion hazard area. This is not a public investment or a service for services or facilities. And the final one is to regulate construction or erosion; protection structures in the coastal zone subject to serious erosion to assure when the structure of coastal protection structures, this is not a coastal protection structure this is the existing structure. Coastal protection structure talks about bulk headings and things like that, which is not the case. Again, and it also is supported in the findings presented as part of 37-5 and I won't go in to each one of those. MR. MOORE: Tom, is it fair to say then, what you just compared, to find it for the purposes of the law with the conditions imposed, do the conditions imposed advance or achieve the objectives of the law? MR. CRAMER: No, the conditions that were imposed do nothing to affect the potential erosion of the site. The structure is allowed, it was recognized as a use. To remove the electric and appliances and things like that do nothing to further protect erosion on that particular site. MR. MOORE: Thank you. JUSTICE EVANS: Can you address the stairs on the west side? MR. MOORE: Pardon? JUSTICE EVANS: The stairs on the west side (inaudible). MR. MOORE: The stairs replaced, there is an earlier survey, I am not sure ifit was in the packet that I gave you or not but in the record there is a survey. The deck at one point stuck out as a spur and the outdoor shower was on the end of that deck. These steps replaced that small portion of a finger deck. If the Board was of a mind, we could remove that set of stairs and that was one of the conditions asked of by the Trustees. We could do that as well. There is two sets of steps that goes down from the decking down to the beach. Certainly we could remove that westerly one. JUSTICE EVANS: (Inaudible) MR. MOORE: If six is the westerly steps then I agree with you, Louisa. Again, the point made here was that the permit was granted. It acknowledges its location on the bluff, not on the beach. At issue was the attempt to put regulations, which really address the use of it, it's a historic use- that was acknowledged. No one has said it didn't exist. Surveys and aerials show that the footprint was not expanded upon and all that we are asking is that the permit be affirmed and that these conditions, which relate more to its use or specifically to its use and not to the structure, be eliminated. COUNCILMAN WICKHAM: Is it fair to say that the construction was done without a permit? MR. MOORE: That is true. One of the things that was presented to the Trustees and not a lot of attention was given to this is whether or not this fit within unregulated activity. You could argue maintenance repair, in kind, in place and not, instead the applicant came in and said I will come Page 72 June 20, 2006 Town of Southold Board Meeting Minutes before you and seek a permit. And the permit was granted. You know, the conditions were imposed but the permit was granted. But you are right, that could have been argued. COUNCILMAN WICKHAM: When was your firm called into this? At what stage? MR. MOORE: We have a whole cadre of wonderful contractors out there who can come and do all kinds of neat things for you and don't mention that you do or don't need permits and certainly coastal erosion permits don't even fall within the thinking processes of a lot of the guys doing work. So Pat was retained, this was after the fact. I will tell you that there was a concern, neighboring property owners had hired someone to do some yard maintenance and clearing and this fellow came into this property and began cutting down trees. And the Trustees were rightly upset, a whole number of cherry trees on the bluff were chopped down, you know, significantly and Dr. Teperman and his family were scrambling, they hadn't hired the guy, he (inaudible) doing stuff. I can happily report, I was there yesterday and there has been a rebirth and a re growth, Jay Cichanowicz did an entire planting plan on the property but the bluff has active growth, up and down. I do encourage you if you are interested to see the site, go take a look. COUNCILMAN WICKHAM: Can you tell us about neighboring cabanas along the stretch? MR. MOORE: There are, I don't profess to have been inside of them or to tell you. There are 7 of them, been there since the 30's, 40's and 50's. They have been rebuilt over time. I know that at least one of them has sleeping quarters for as many as 8 people but I can't say which one that was, it is not ours and like I said, we have no request or desire to make this a dwelling. It is not to be overflow housing for the upper house. It really is just a cabana for respite from the sun. So the use, I appreciate the concern that the Trustees reflected on the use but they did acknowledge the historic existence of this structure. It is not a case where a structure came in. I will make one observation. There were some comments at the last, at the hearings before that a shed was on the property and it has been torn down. In fact, there was if you look at the '73 survey in here, the beach house and a shed. The shed is gone. So if there is any confusion about what might have been there before, there was an old shed there and that is gone. But the beach house remains and the footprint remains. It jives with the... COUNCILMAN WICKHAM: When was the retaining wall put up behind the cabana? MR. MOORE: That was original. This was not a new thing that we put in. That was there. In fact, it was all covered. It was overgrown completely and a small decking area from the retaining wall to back of the cabana was there, totally covered in brush and rubbish. COUNCILMAN WICKHAM: Was this also fixed up at the same time? MR. MOORE: The retaining wall was fixed up... COUNCILMAN WICKHAM: Excuse me? Was this also fixed up at the time that the cabana has recently been upgraded? Page 73 June 20, 2006 Town of South old Board Meeting Minutes MR. MOORE: Yeah, that was all done at the same time. INAUDIBLE MR. MOORE: It is all part of this application, so UNIDENTIFIED: The retaining wall from the photograph clearly (inaudible) on the structure, seaward. MR. MOORE: Right. It wraps around it. Yes. And that had been there before, it was going to be a replacement. Whether that fits the replacement in kind, as being okay without a permit but they came in and asked for a permit anyway and that has not been denied of them. The real question here was the conditions imposed on the use. I question, those conditions don't have any reasonable relationship to the objectives of the code. That is the issue. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this issue? COUNCILMAN WICKHAM: On a really high tide, how high is the tide relative to the foundations or the footings for the floor area of this cabana? INAUDIBLE MR. MOORE: I suppose, I mean, it is not a dwelling. We recognize that, it has been there since the 30's and 40's so whatever (inaudible) have come their way, they have weathered them and it is not going to be a dwelling space. NANCY SAW ASTYNOWICZ: Nancy Sawastynowicz, East Marion. Good evening or good morning. First of all, I would like to know why this is in the morning. I am here to say, so is there a reason for it at 9:00 in the morning? COUNCILMAN ROSS: We traditionally have these hearings from appeals from the Trustees (inaudible). MS. SAW ASTYNOWICZ: Thank you. Okay, thank you. First of all, I have a copy of the survey that was submitted by the Teperman's to the Southold Trustees and it is from 1975 and on here it says no toilet. So this is (inaudible) and they keep saying it was there. That was a survey. The surveyor had nothing to do with favoring them or the Town. This is an unbiased opinion and it is from a surveyor. So I started walking this beach 12 years ago and back in the fall of 2004, that little cabana was totally taken down and it was taken down by, I am not sure of the men, they said that the construction people moved to Florida, that is why I am shocked when they said they could bring them in and they could talk because when we asked who built it, they said oh, we don't know, they left for Florida. Well, it is amazing. They came back and they started working on the stairs. I have a picture of the little trailer that took away all the debris, their license plate number and this is for the record because they keep saying these people are in Florida. Well, they were working on the stairs and I am not sure who they are but I am sure Page 74 June 20, 2006 Town of South old Board Meeting Minutes Southold Town Police can run a test on this license plate and get the name of the people that built this house. They tore this house down and they took it in this little trailer. . . COUNCILMAN WICKHAM: Excuse me, I just don't follow this. What you are saying is, the place was removed. . .. MS. SAW ASTYNOWICZ: Yes. Totally removed with this little trailer, piece by piece. COUNCILMAN WICKHAM: When? MS. SAW ASTYNOWICZ: In the fall of 2004. This is a picture of the trailer that did it. The trailer was the guys that did the house. They are saying that they don't know who the construction company was, they moved to Florida, because the Trustees asked to talk to those people.. . COUNCILMAN WICKHAM: In other words, the application that is before us and work that has been done, although it is in the name of the Teperman family, actually that family doesn't know how that work was commissioned and paid for and all of that? Is that what you are saying? MS. SAWASYTNOWICZ: When we were at the Trustee meeting, yes, they said they don't know who the construction people were, they went to Florida. Because they asked who built it. Whoever owns this trailer is who built the house because they are the ones that moved it away, every time they would take a part of the building they would put it in this little trailer and then it would be gone. And then, I would walk this beach and I see this huge, there is nothing there, they built into the bluff a big cement thing, I don't know what it was called. Then it was like, the next thing I walked down there, there is this huge, big house and it is not a cabana, it is bigger than my rental. It has, let's see, it is IS from the rack line, that is where the high tide deposits the drift wood. It is on the beach. It is into the bluff, when they are saying it is not on the beach, he hasn't been down there. They are calling it normal maintenance, it was tom down. I saw it. People have affidavits in the Trustee hearing that they saw this also. I mean, I have nothing against these people. I just think everybody should get permits and follow the law. It is our Town's way to protect our environment. I also saw, there is this man DeLuca, he gave a report, he walks the beach also. He has high credentials, he has nothing against anybody. I would like everybody to have a copy of this because he is a specialist in the beach and he saw this and the day that the Trustees went to examine this they are saying the Mohr's were down there without permits, they had chainsaws and cutting the trees on the bluff. That is in the Trustees file. Why would Mr. Mohr's crew go on Teperman's property and cut down trees? Mohr the landscaper. He does the whole block, he does all those big, fancy houses there. SUPERVISOR RUSSELL: M 0 H R. MS. SAWASTYNOWICZ: Yes, thank you. I know it gets confusing. But to say some guy is going to show up at your property and cut trees, I wish they would come to my yard, I need help. So anyway, it is IS feet from the Sound. It is right on the beach. They took the whole house away. There were three little cedar posts that were left in the ground, they are still there, if you Page 75 June 20, 2006 Town of South old Board Meeting Minutes go there you can see them. They are not even attached to what is there now. They left three little cedar posts and the old shower nozzle is still there. So by February of 2005 this new house was up. And I just feel like it is going to set a really bad precedent, I mean, the other people there have their little houses there; this was all done before town code was put in place to protect us. We have to start doing what is right for our Town. I mean, we are being invaded now and I just feel like if everything was done with a permit, he would have never gotten permission. Let's get real on this. So anyway, I would like just to say, I saw it happen, it was torn down and I think that the Town should have them take it away and my friend would like to buy it. Thank you. MR. MOORE: A piece of a survey has been photocopied and passed around on which a notation 'no sanitary or no toilet' that relates to the Health Department's approval for the sanitation system on the main dwelling. There is no toilet down below. There was a composting toilet before, there is a composting toilet now. It is a self-contained unit. It has no impact. The Health Department doesn't care about secondary accessory uses like cabanas or such structures if you are going to have a compo sting toilet. No one is suggesting this, in fact, the Trustees in prior times have sought the Health Department's approval of these (inaudible) mulching systems as main dwelling systems. The Health Department is not willing to go that far yet because the system can't handle that but the issue of there being a toilet there, we are talking about a composting toilet and that has been the case for some time. A very rudimentary one has been replaced by a state of the art one. I go back to the comment, Dave Cichanowicz has done the stairs. The Trustees gave the permit to replace the stairs. I haven't seen the photograph, that may be his truck. COUNCILMAN WICKHAM: Can I have clarification about timing and sequence of this all. When was this reconstruction done? MR. MOORE: This was done in '04 at the request of the Teperman's. SUPERVISOR RUSSELL: You know, I am sorry, but a lot of this seems to be semantics to me about, it says here, we fixed the building. It is a brand new building. Let's be frank about a few things. It is a brand new building and the only thing left of the old structure is the concept of a footprint. Alright? It is a brand new structure. Now the issue is whether that structure and the Trustees decision has an effect or is consistent with Coastal Erosion law. So let's all be honest. It is a brand new building. Now the issue is, whether the Trustees did the right thing and applied the Coastal Erosion law fairly or evenly or consistently. Am I right, Kieran? ASSISTANT TOWN ATTORNEY CORCORAN: Well, it is for consideration. JUSTICE EVANS: I think what it comes down to is (inaudible) and what they are asking is (inaudible). ASSISTANT TOWN ATTORNEY CORCORAN: There are a couple of different ways it breaks down. You have to start with whether it is in a beach or a bluff and this Board needs to make a decision on that because it is a different standard, that if it is in a beach you can't do Page 76 June 20, 2006 Town of Southold Board Meeting Minutes anything and in a bluff, you can do non-major additions. And then you need to determine whether this is a non-major addition or not. And then you need to determine whether the Trustees applied the standard correctly and whether, you know, even a non-major addition requires a permit and requires the Trustees to find that it is appropriate and it is not going to affect the shoreline in an erosion hazard area. So there is a series of consideration we need to go through. MR. MOORE: Well, that of course is a choice if you choose to start as though we were starting with you as a Board as opposed to an appeal. I take the position, we have appealed a permit granted and the issue is, as you said Louisa, the conditions imposed on that permit. I encourage you to go out, if there is more information you would like with regard to survey lines or information relative to where the toe of the bluff is, if that is a question you want to work through, I am happy to sit there and take the time and get you the additional information. You know, adjourn the hearing or leave it open for decision if that is an important question for you. SUPERVISOR RUSSELL: Can I hear from the Trustees? JIM KING: My name is Jim King, Board of Trustees. I think what initiated this whole thing was a complaint that came in that a new beach house was built. This goes back to February of 2005 I think it was, when it first came into the office. We received an application for an existing beach house. Permit for an existing beach house. That is my understanding of what started this whole thing. Normally we have our field inspections on Wednesday's. Almost since I have been on the Board, it is Wednesday's we do our field inspections. The schedule was changed and we went out on Thursday. When we arrived, the sound of chainsaws running and the (inaudible) bluff came clear. So it kind of set the tone. A whole new stairway, set of stairs were built, there was a whole new deck up above, we went down and it just looks like a brand-new house. French doors, air-conditioning. The retaining wall behind it was brand new. Perhaps it was an old retaining wall that had been rebuilt, I don't know. Everything there was totally rebuilt. I kind of peaked underneath, I am not a contractor or anything but I have had some building experience and I don't even know how you could put those cement columns in without either punching big wholes in the floor or removing everything to get the structure in place. In my estimation, it is a brand-new building. The old one was just completely demolished and a new one put in its place. Maybe the same size, I don't know. It is hard to tell from these old aerials. It just shows a, you know. So it has been a difficult thing all along. My feeling is, a cabana on the beach is where you store your beach chairs, maybe you have a shower, you go change your clothes and take a shower. That is the use of it. SUPERVISOR RUSSELL: That brings up a good issue for me because one of the terms of your approval was no water. So how do we reconcile that with your permission to have an outdoor shower? MR. KING: I personally would not have a big problem with a shower down there, so they could rinse themselves off. SUPERVISOR RUSSELL: I am sorry? I am trying to... Page 77 June 20, 2006 Town of Southold Board Meeting Minutes MR. KING: Yeah. SUPERVISOR RUSSELL: You gave them the shower but then we said they can't have water. How do we reconcile that? MR. KING: If there is electric, you know, I don't know what the Building Department requires, if there is electric there, they should somehow be certified and everything was done without permits. That I could see. There was electric, there was plumbing there; that all needs some sort of, is there a CO? There is a lot of stuff I don't know, personally. COUNCILMAN ROSS: You did say you that you wanted the plumbing removed. Not necessarily no water. MR. KING: Well, we couldn't go inside, so I don't know if there is a sink, stove. I know there was, there was a roof vent. . . SUPERVISOR RUSSELL: (Inaudible) an issue of what you want them to have. MR. KING: Yeah. I would like to see it used as a cabana, what a cabana is supposed to be. COUNCILMAN EDWARDS: I have a question. From the point of view of the Trustees, (inaudible) and perhaps all of the Trustees' opinion, that this was a new structure... MR. KING: It certainly looked like a brand new structure, yes. COUNCILMAN EDWARDS: And one were there was a retaining wall (inaudible) you weren't sure whether they replaced an old structure (inaudible) I understand that, I just want you to explain.. .. MR. KING: Just trying to be nice guys. That is the bottom line. Yeah. Anything else? SUPERVISOR RUSSELL: Would anybody else like to comment? BENJA SCHWARTZ: Nobody else. They have to put up with listening to me, Benja Schwartz. I don't, you know, a couple of thing that we have heard already this morning didn't make sense. There was a shed that was tom down, well, this, in the earlier hearings for the Trustees it was established or the applicants showed that the previous building had been built over the property lines of both neighbors on both sides of this property and they were saying, well, now we have reduced the size of it to bring it into compliance. It is right on the property lines now. If there was a shed there, it would have had to be in the water. I don't know. The story about Chris Mohr changed, too. Originally they had hired him but just to take away some garbage and he did more than they wanted. Now, they say they have got nothing to do with him. Anyways, to spare you the pain of me improvising here, I have written a short statement which I would like to read for you. During the hearing before the Town Trustees, the applicants lawyer Patricia Moore argued this application should be processed like any application to restore a house. According to Page 78 June 20, 2006 Town of South old Board Meeting Minutes Patricia Moore, even though no permit was applied for until after the new house was built, the application fee surcharge for an as-built application had been paid and therefore this application should be treated the same as an application to build. Patricia Moore's interpretation of zoning law is a distortion. It is impossible to handle as-built applications like applications to build. The subject of as-built applications are already built. Patricia Moore was not really asking for equal treatment but rather for special treatment. If she gets it, everyone is going to want it. Furthermore, in this case, the application is based on the false premise that the new building is a restoration of a pre-existing building. I saw them replacing or putting in that retaining wall and there was nothing in front of it. They were pouring concrete right into the base of the bluff. At the hearing, I asked Patricia Moore what part of the building is pre-existing? At first, she didn't want to answer me because she said she was talking only to the Trustees, but some of the Trustees asked her to answer and she replied that there were three old cedar pilings underneath the building. I don't think it is necessary to consider that these three pilings would be enough to characterize this building as a restoration because although they are underneath the building, I saw them there, they are not connected to the new building. They are just left in the sand. The new building is not a restoration. It is a completely new and a completely illegal building. It is obvious that without any pre-existing building, an application for the subject beach house cannot be approved. There is no other comparable building in Southold Town. A house on the beach, this changes the entire face of the Sound shore of Southold Town and if this Board allows this building to remain there, we have lost the ability to walk along the Sound shore without feeling like we are imposing on somebody without being in their front yard, in front of their house. Take away the spotlights, take away the windows, you have still got an ugly house on the beach. It is not an ugly house, I take that back. It is a beautiful house, I would like to have the house and I have room for it on my property. But on this property, there is not room for that house. There is no place for it. A house on the beach is inconsistent with the comprehensive town plan of Southold Town. I don't know, this guy is from Miller Place, I don't think he understands. Coastal erosion doesn't just mean coastal erosion, it is about coastal. We are a coastal town. I think we have as much coast line as the south shore is bigger or something but I love our coast line and rather than saving what is left, the negative environmental building are abusing what is left. It is ironic that the applicant, I am glad to see that he is here with us today, is a transplant surgeon. He knows that in medicine, the transplant must be planned before they remove the old organ. Similarly, as a lawyer, I know that by law a restoration and not just as a lawyer but also as a property owner out here, I have taken down a building and replaced it and the new building, I had to remove it. That is what the Building Department told me to do and I did it. By law, a restoration must be applied for before an old building is removed. This attempt at a building transplant is a failure. The new building must be removed. Thank you. Anybody have any questions? SUPERVISOR RUSSELL: Anybody else like to address the Board on this issue? MR. MOORE: Did you all want information on the toe of the bluff? SUPERVISOR RUSSELL: Certainly clarification, I think would help us all. MR. MOORE: Then I ask to leave the hearing open so I can present that for you. Page 79 June 20, 2006 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: Is that fine with the Board? Okay, we will leave the hearing open. And then we will adjourn until two weeks from today. COUNCILMAN ROSS: Just so the crowd understands, are we leaving it open for the limited purpose of receiving information? We are not going to have further testimony from the public. SUPERVISOR RUSSELL: We are going to close the public portion and we are just leaving... MR. MOORE: Well, given some of the remarks, I would like, I would save for that point an opportunity to respond to some of the things that were said here today. I will limit....1 understand, I will limit only to those remarks that were made today. I won't expand beyond that. JUSTICE EVANS: (Inaudible) MR. MOORE: I can do that. Sure. JUSTICE EVANS: (Inaudible) SUPERVISOR RUSSELL: I think what we would like to do is close the public portion of the hearing. We will leave the hearing open for the receiving of any written comments or supporting documents from either side of the case to two weeks from today. MS. MOORE: I am sorry. We are leaving for Argentina, so he is not realizing... MR. MOORE: I didn't hear what the date was. MS. MOORE: ...if it can be pushed of to an August date, only so we have time when we come back... SUPERVISOR RUSSELL: Okay. The regular meeting of August 8th? MR. MOORE: Thanks. COUNCILMAN WICKHAM: What about four weeks from today? SUPERVISOR RUSSELL: Four weeks from today, that puts at... COUNCILMAN WICKHAM: The middle of July. SUPERVISOR RUSSELL: July 25th. MR. MOORE: That is okay by us. MS. MOORE: Bill, we are away. Page 80 June 20, 2006 Town of South old Board Meeting Minutes MR. MOORE: No, we are not. We are back. My poor wife is so eager to go to her home country and see her home city that she thinks....we will be back on August 9th. Uh, September.. .July 9th. We are back July 9th. July 25th is fine. Thank you. COUNCILMAN EDWARDS: I wonder, Bill, if you could address this question that has been raised by a couple of the people who have spoken about, including Jim King, about where was the structure and the columns, the posts and so forth? MR. MOORE: Okay. COUNCILMAN EDWARDS: If you have anything to say (inaudible) MR. MOORE: I will get information on that. What do I have to show, no, I can't, I will go out and get you pictures and whatever information we can get to try and answer that. COUNCILMAN EDWARDS: The argument has been made that the structure is not in the same, my indication is that it is not in the same place that it was. MR. MOORE: No, I think the Trustees resolved that and did corne to the conclusion, the deck as it got put out was put too big and was cut back. It did cross the line by a little bit but I can address that. Thank you. SUPERVISOR RUSSELL: Okay. Motion to close the hearing. ~ Vote Record - Public HeariDe Nl Yes/Aye l"fc.!Nay Abstain Absent J\1_~~_~p~lci_Jr. ;b1itillt(}r Ii'! 0 0 0 Ii'! Adjourned William P. Edwards Seconder Ii'! 0 0 0 0 Closed Daniel C. Ross Voter Ii'! 0 0 0 Next: Jult!, 2006 7:30 PM Thomas H. Wickham Voter Ii'! 0 0 0 Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Public Hearing # 2 SET JUNE 20, 2006 AT 5:00 PM., SOUTHOLD TOWN HALL As THE TIME AND PLACE FOR A PUBLIC HEARING ON AMENDMENT TO VOLUNTEER FIREFlGHTERT AX EXEMPTION LOCAL 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 Extendinl!: the Tax Exemption for Unremarried Spouses of Deceased Firefil!:hters and Ambulance Workers Killed in Line of Dutv" AND NOTICE IS HEREBY GIVEN that the Town Board of the Town of South old will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 20th day of June, 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. Page 81 June 20, 2006 Town of Southold Board Meeting Minutes The proposed Local Law entitled, "A Local Law in relation to Extendinl!. the Tax Exemption for Un-remarried Spouses of Deceased Firefil!.hters and Ambulance Workers Killed in Line of Dutv" reads as follows: LOCAL LAW NO._2006 A Local Law in relation to Extending the Tax Exemption for Un-remarried Spouses of Deceased Firefighters and Ambulance Workers Killed in Line of Duty. BE IT ENACTED by the Town Board of the Town of South old as follows: I. Purpose. The amendments to this local law are intended to permit the Board of Assessors to extend the Real Property tax exemption granted to the un-remarried spouses of volunteer fire fighters and ambulance workers who are killed in the line of duty. In support of these vitally necessary volunteers and their efforts to preserve the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it appropriate to extend such tax exemptions to their un-remarried spouses in the event of such tragedy. II. Chapter 85 of the Code of the Town of South old is hereby amended as follows: 985-13. Un-remarried spouses of volunteer firefighters or volunteer ambulance workers killed in line of duty. Any exemption granted under 9 85-11 to an enrolled member of an incorporated volunteer fire company, fire department, or incorporated volunteer ambulance service, shall be extended to such deceased enrolled member's un-remarried spouse if such member is killed in the line of duty; provided, however, that: A. Such un-remarried spouse is certified by the authority having jurisdiction for the incorporated volunteer fire company, fire department or incorporated volunteer ambulance service as an un-remarried spouse of an enrolled member of such incorporated volunteer fire company, fire department or incorporated voluntary ambulance service who was killed in the line of duty; and B. Such deceased volunteer had been an enrolled member for at least five years; and C. Such deceased volunteer had been receiving the exemption prior to his or her death. 9 85-14. Applicability. Section 85-14 shall apply to assessment rolls prepared on the basis of taxable status dates occurring on or after January I, 2006. 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. This local law has appeared as a legal in the local newspaper and it has appeared on the Town Clerk's bulletin board outside. I have no significant communications that would affect the Board in passing or not passing this resolution. Page 82 June 20, 2006 Town of Southold Board Meeting Minutes SUPERVISOR RUSSELL: Would anybody like to comment on this legislation? This exemption? Barring none, I would like to say that I am going to support this and I truly hope that this is an exemption no one every qualifies for because it would mean that they had lost a spouse in the line of duty. I will close this public hearing. Vote Record - Public Hearirw-#2 Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter iii 0 0 0 0 Adjourned William P. Edwards Seconder iii 0 0 0 Daniel C. Ross . Voter iii 0 0 0 iii Closed Thomas H. Wickham L)J1itia~(}i iii 0 0 0 Louisa P. Evans Voter iii 0 0 0 Scott Russell Voter iii , 0 0 0 Public Hearing # 3 SET JUNE 20, 2006 AT 5:05 P.M. AT THE SOUTHOLD TOWN HALL, SOUTHOLD, NEW YORK As THE TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN RELA nON TO AMENDMENTS TO THE AFFORDABLE HOUSING DISTRICT" 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 23'd day of May, 2006 a Local Law entitled "A Local Law in relation to Amendments to the Affordable Housinl!: District", AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of South old will hold a public hearinl!: on the aforesaid Local Law at the Southold Town Hall 53095 Main Road. Southold. New York. on the 20th day of June. 2006 at 5:05 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Affordable Housinl!: District" reads as follows: LOCAL LAW NO. OF 2006 A Local Law entitled, "A Local Law in relation to Amendments to the Affordable Housing District". BE IT ENACTED by the Town Board of the Town of South old as follows: Section I. Purpose. The Town Board is including a definition of Net Worth, as the term is used in the legislation but not defined. Additionally, a provision is included in the Zoning District to allow for the variance of regulations applicable to the AHD depending on the requirements imposed by subsidy sources in a specific development. Further, this Local Law imposes a maintenance and upkeep requirement in the AHD District, punishable by a fine. Section 2. Code Amendment. 9100-51. Definitions. For the purpose of this Article, the following terms, phrases and words shall have the following meanings: NET WORTH- Net Worth of an applicant shall include all liQuid assets less debt. LiQuid assets shall not include sheltered assets. trusts. Individual Retirement Accounts (IRA's). 401k's and all other federallv recognized tax deferred vehicles. & I 00-56. General regulations and reQuirements. Page 83 June 20, 2006 Town of South old Board Meeting Minutes G. The Regulations and general provisions of this Chapter mav be varied at the discretion of the Town Board based on the reQuirements of subsidv sources of a specific development. & 1 00-59. Maintenance and Upkeep. A. A dwelling unit and premises created in the AHD Zoning District after January 1. 2006. shall be maintained in accordance with the provisions of the Propertv Maintenance Code of New York State. B. Failure to complv with this Section shall be a violation punishable bv a fine of not less than $250.00 and not more than $1.000.00. S 100-'w.60 Penalties for offenses. Any violation of any provision of this Article shall be punishable in the following manner: A. B. First offense: by a fine of not less than $1,000 nor more than $5,000. Second offense and for any offense thereafter: by a fine of not less than $5,000 and not more than $10,000 for each offense. Any offense under this article may be punishable by revocation of an existing certificate of occupancy. Any individual who has violated covenants and resolutions imposed pursuant to this Article shall be prohibited from further participation in ownership opportunities and benefits within an approved AHD district. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court or competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. VI. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. C. D. V. I have that it has appeared as a legal in the local newspaper, it has appeared out there on the Town Clerk's bulletin board. I believe there are no other communications about this law. SUPERVISOR RUSSELL: Would anybody like to comment on this particular law? (No response) Close the hearing. IY" Vote: Record. Public Hearllll #3 Yes/Aye NolNay Abstain Absent Albert Krupski Jr. Voter Ii! 0 0 0 0 Adjourned William P. Edwards Voter Ii! 0 0 0 Ii! Closed Daniel C, Ross Seconder Ii! 0 0 0 Thomas H. Wickham Voter Ii! 0 0 0 Louisa P. Evans Initiatof Ii! 0 0 0 Scott Russell Voter Ii! 0 0 0 Page 84 June 20, 2006 Town of Southold Board Meeting Minutes Public Hearing # 4 SET JUNE 20, 2006 AT 5:10 P.M., SOUTHOLD TOWN HALL, SOUTHOLD, NEW YORK As THE TIME AND PLACE TO HOLD A PuBLIC HEARING ON THE PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN RELATION TO THE RENUMBERING OF THE CODE OF THE TOWN OF SOUTHOLD" 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 23rd day of May, 2006 a Local Law entitled "A Local Law in relation to the Renumberinl!: of the Code of the Town of Southold", AND NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of South old will hold a public hearinl!: on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York. on the 20th day of June. 2006 at 5:10 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 the Renumberinl!: of the Code of the Town of Southold" reads as follows: LOCAL LAW NO. OF 2006 A Local Law entitled, "A Local Law in relation to the Renumbering of the Code of the Town of Southold". BE IT ENACTED by the Town Board of the Town of South old as follows: ARTICLE II Adoption of Renumbered 2006 Code ~ 1-14. Legislative intent. The local laws and legislation of the Town of Southold of a general and permanent nature, including the 1973 Code adopted by the Town Board of the Town of Southold, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., as set forth in the Derivation Table below, and as renumbered to consist of Chapters I through 280, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Town of Southold," hereafter known and referred to as the "Code." Chanter/Title From 1973 Code Location in 2006 Code Ch. I, General Provisions Art. I, Adoption of Code Ch. I, Art. I Art. II, Adoption of Renumbered 2006 Code NLP; see Ch. I, Art. II Ch. 4, Assessors Art. I, Election Ch. 9, Art. I Art II, Number Ch. 9, Art. II Ch. 6, Community Preservation Fund Art. I, Southold Community Preservation Fund Ch. 17, Art. I Art. II, Southold Community Preservation Project Plan Ch. 17, Art. II Art. III, Community Preservation Fund Advisory Board Ch. I 7, Art. III Art. IV, Two-Percent Real Estate Transfer Tax Ch. 17, Art. IV Ch. 7, Committees, Appointment of Ch.13 Page 85 June 20, 2006 Town of Southold Board Meeting Minutes ChaDter/TitIe From 1973 Code Location in 2006 Code Ch. 8, Defense and Indemnification of Employees Ch.21 Ch. 10, Ethics, Code of Ch.26 Ch. II, Expenses of Town Officers Ch.30 Ch 14, Local Laws, Adoption of Ch.38 Ch. 16, Officers and Employees Art. I, Town Clerk Ch. 42, Art. I Art. II, Superintendent of Highways Ch. 42, Art. II Ch. 18, Police Department Ch.51 Ch. 22, Transportation Access Management Ch.64 Ch. 24, Alarm Systems Ch.75 Ch. 25, Agricultural Lands Preservation Ch.70 Ch. 26, Appearance Tickets Ch.5 Ch. 28, Bicycles Ch.88 Ch. 30, Bingo and Games of Chance Art. I, Bingo Ch. 92, Art. I Art. II, Games of Chance Ch. 92, Art. II Ch. 32, Boats, Docks and Wharves Art. I, Obstruction and Use of Town Waters Ch. 96, Art. I Art. II, Public Docks Ch. 96, Art. II Art. III, Boats Ch. 96, Art. III Art. IV, Floating Homes Ch. 96, Art. IV Art. V, Administration and Enforcement Ch. 96, Art. V Ch. 33, Fishers Island Harbor Management Ch.157 Ch. 36, Burning, Outdoor Ch.104 Ch. 37, Coastal Erosion Hazard Areas Ch. III Ch. 38, Dogs Art. I, General Regulations Ch. 83, Art. II Art. II, Fees Ch. 83, Art. III Ch. 39, Domestic Partnerships Ch.121 Ch. 41, Ducks Ch. 83, Art. I Ch. 43, Electrical Inspections Ch.126 Ch. 44, Environmental Quality Review Ch. 130 Ch. 44A, Filming Ch. 139 Ch. 45, Fire Prevention and Building Code, Uniform Ch. 144 Ch. 46, Flood Damage Prevention Ch. 148 Ch. 47, Farm Stands Ch. 135 Page 86 June 20, 2006 Town of Southold Board Meeting Minutes Chapterffitle From 1973 Code Location in 2006 Code Ch. 48, Garbage, Rubbish and Refuse Ch. 233, Art. I Ch. 49, Highway Defects, Notice of Ch. 237, Art. I Ch. 54, Junkyards Ch. 166 Ch.56, Landmark Preservation Ch. 170 Ch. 57, Littering Ch.174 Ch. 58, Notice of Public Hearing Ch.55 Ch. 59, Open Space Preservation Ch.185 Ch. 60, Motor-Driven Vehicles Ch. 264, Art. II Ch. 62, Parks and Recreation Areas Art. I, Use Regulations and Restrictions Ch. 193, Art. I Ch. 65, Parking at Beaches Ch. 189, Art. I Ch. 67, Peace and Good Order Art. I, Public Consumption of Alcoholic Beverages Ch. 79, Art. I Ch. 69, Peddlers, Solicitors and Transient Retail Ch. 197 Merchants Ch. 71, Public Entertainment and Special Events Ch. 205 Ch. 72, Records Management Ch. 59, Art. II Ch. 73, Records, Public Access to Ch. 59, Art. I Ch. 74, Salvaging Centers Ch.211 Ch. 75, Scavenger Wastes Ch. 215, Art. I Ch. 76, Sewers Art. I, Sewer Use Ch. 215, Art. II Art. II, Rents and Charges Ch. 215, Art. III Ch. 77, Shellfish Art. I, Catching of Shrimp Ch. 219, Art. I Art. II, Taking of Shellfish and Eels Ch. 219, Art. II Ch. 80, Sidewalks Ch. 237, Art. III Ch. 81, Soil Removal Ch. 228 Ch. 83, Street Excavations Ch. 237, Art. II Ch. 84, Street Numbering; Addresses Ch. 237, Art. IV Ch. 85, Taxation Art. I, Senior Citizen Exemption Ch. 245, Art. I Art. II, Business Investment Exemption Ch. 245, Art. II Art. III, Veterans' Exemption Ch. 245, Art. III Art. IV, Exemption for Disabled Persons With Limited Ch. 245, Art. IV Income Page 87 June 20, 2006 Town of Southold Board Meeting Minutes Chapter/Title From 1973 Code Location in 2006 Code Art. V, Exemption for Volunteer Fire Fighters and Ch. 245, Art. V Ambulance Workers Ch. 86, Tobacco Advertising Ch. 249 Ch. 87, Transfer of Development Rights Ch. 117 Ch. 88, Tourist and Trailer Camps Art. I, General Regulations Ch. 253, Art. I Art. II, Recreational Vehicle Parks Ch. 253, Art. II Ch. 89, Unlicensed Motor-Driven Vehicles Ch. 264, Art. I Ch. 90, Unsafe Buildings Ch.IOO Ch. 92, Vehicles and Traffic Ch.260 Ch. 95, Waterfront Consistency Review Ch. 268 Ch. 97, Wetlands and Shoreline Ch. 275 Ch. 98, Housing Fund Ch.34 Ch. 100, Zoning Ch. 280 APPENDIX Ch. AI05, Grievance Procedures Ch. 47, Art. I Ch. A106, Subdivision of Land Ch. 240 Ch. A107, Police Department Rules and Regulations Ch. A290 Ch. A108, Highway Specifications Ch.161 ~ 1-15. Nonsubstantive changes in previously adopted legislation. In compiling and preparing the legislation and 1973 Code for publication as the 2006 Code of the Town of Southold, no changes in the meaning or intent of such ordinances have been made. Certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. Chapters, articles and sections have been renumbered pursuant to the table in ~ 1-14, including all internal references and cross-references. It is the intention of the Town Board that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such. ~ 1-16. Continuation of provisions. A. The provisions of the Code, insofar as they are substantively the same as those of local laws, ordinances and resolutions in force immediately prior to the enactment of the Code by this local law, are intended as a continuation of such local laws, ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior local law, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the Town Board of the Town of Southold, and it is the intention of said Board that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. B. For purposes of transition from the 1973 Code to this Code, any reference to a chapter of section number from the 1973 Code on or in any form, license, permit, ticket or other Town document shall be deemed to refer to the corresponding chapter or section in this code until such Page 88 June 20, 2006 Town of South old Board Meeting Minutes form, license, permit, ticket or other Town document is revised or reprinted to refer to the numbering in this code. ~ 1-17. Incorporation of provisions into Code. The provisions of this local law are hereby made Article II of Chapter I of the Code of the Town of Southold, such local law to be entitled "General Provisions, Article II, Adoption of Renumbered 2006 Code," and the sections of this local law shall be numbered 99 1-14 to 1-18, inclusive. ~ 1-18. When effective. This local law shall take effect immediately upon filing with the Secretary of State of the State of New York. I don't believe that there are any additional comments about this and it has appeared as a legal in the newspaper and it has appeared on the Town Clerk's bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to comment on this public hearing? (No response) Close the hearing. Vote Record - Public Heario.;-#4 Ves/,.\y<<: N~~IlY Abstain Absent AlbertI{rupsld Jr. L.Y.o~_~ 1<1 0 0 0 0 Adjourned William P. Edwards Voter 1<1 0 0 0 Daniel C. Ross Seconder 1<1 0 0 0 1<1 Closed Thomas H. Wickham Voter 1<1 0 0 0 Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 Public Hearing # 5 SET JUNE 20, 2006 AT 5:15 P.M., SOUTHOLD TOWN HALL, As THE TIME AND PLACE FORA PuBLIC HEARING ON THE PURCHASE OF OPEN SPACE - C&D REALTY COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. 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 hearine: for the purchase of open space on property currentlv owned bv C&D Realtv. 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 Page 89 June 20, 2006 Town of South old Board Meeting Minutes purchased for the purpose of the preservation of open space, stormwater remediation and water quality control. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, one (1) Sanitary Flow Credit is available upon the Town's purchase of the property. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the property, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel 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. This has appeared as a legal in the local newspaper and it has appeared as a legal out on the Town Clerk's bulletin board and I have a memo from Mark Terry, Senior Environmental Planner and LWRP coordinator, 'To members of the Town Board and Supervisor, The proposed acquisition is for fee title of about :y.; of an acre, known as the C&D Realty property. The property borders on Harold's branch in Mattituck Inlet. The proposed action has been reviewed to Chapter 95, the Waterfront Consistency Review of the Town of Southold and the Local Waterfront Revitalization policy standards. Based upon the information provided and submitted to this department, as well as the records available to me, it is my recommendations that the proposed action is generally consistent with the policy standards of L WRP and is therefore consistent with it.' And I believe that is the only comment that is in the file for this public hearing. SUPERVISOR RUSSELL: Would anybody like to comment on the acquisition of this property? Yes, Melissa. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Good evening, Melissa Spiro. I am the Land Preservation Coordinator, as you know. This hearing is for the Town to purchase the :y.; of an acre parcel for the purposes of open space preservation, stormwater remediation and water quality control. The property is currently vacant. For quite some time the Trustees have recommended that the Town purchase this property and I am sure that they are very happy that the Town is proceeding to do so. The property is considered non-subdividable, buildable lot and the landowners have offered it to us at a purchase price of $200,000. This is below the fair market value and the appraised value of the property. It is hoped that the Town, once we acquire this property, will be able to use the purchase and the appraised value as a match on future grants. Both the Committee and I are in favor and the Trustees, in favor of purchasing this property. Once we acquire it, we will come back before the Town Board to transfer the sanitary credit and we are hoping to close on this actually next week or the week after. SUPERVISOR RUSSELL: Thank you. Would anybody else like to comment? Mr. Wills. FRANK WILLS: Frank Wills, Mattituck. For general information, is it possible to find out what the actual appraised value of that property is? Page 90 June 20, 2006 Town of South old Board Meeting Minutes SUPERVISOR RUSSELL: I don't believe that is disclosable. MR. WILLS: Okay. SUPERVISOR RUSSELL: I'm sorry. Correct me if I am wrong. Melissa, that is not disclosable, is it? I would like to point out on this, that what is important about this piece of property is not just a reduction of the potential of a home going into an environmentally sensitive area but it is going to playa critical role in stormwater mitigation from getting into the creek. There is a tremendous road run-off issue in that particular location and that is going to serve in our needs to mitigate that as a bio- filter etc. to prevent that road run-off from getting into that sensitive Mattituck Creek Inlet. COUNCILMAN KRUPSKI: And I would like to thank Melissa for her work on this. This is a piece of property that has been problematic as far as water quality goes for years. And I would like to thank the property owners also, for making it available to the Town because this is going to improve water quality a lot in Mattituck Inlet. SUPERVISOR RUSSELL: Would anybody else like to comment on this? (No response) Close the hearing. ./ Vote Record - Public Hearino #5 Y~s/t\:y~ N()!NIIY Abstain Absent Albert Krupski Jr. Voter 1<1 0 0 0 0 Adjourned William P. Edwards Voter 1<1 0 0 0 Daniel C. Ross Seconder 1<1 0 0 0 1<1 Closed Thomas H. Wickham Voter 1<1 0 0 0 Louisa P. Evans Initiator 1<1 0 0 0 Scott Russell VOler 1<1 0 0 0 8. Statement SUPERVISOR RUSSELL: I will now open up the floor to anybody that would like to comment on any issue of mutual interest with the Town Board. For discussion of any kind. MS. W ACHSBERGER: Could I just ask for a little clarification because you said you weren't approving the resolution to engage Valerie Scopaz today but it would be coming back? The reason I am asking is that I feel strongly that it is important for the Town to have somebody who will bring some of those issues into focus, to give the traffic study, Mr. Schneider his marching orders essentially, and particularly I think it would save money in the long run to focus and define what his charge is so that it doesn't become ambiguous and possibly cost the Town, cost you more money in the long run. I think it would be a valuable thing to do and I just wondered when it will be coming back and on what basis. That was the piece that I didn't understand. SUPERVISOR RUSSELL: I will tell you, I agree with you but I would hope that within the next two weeks we can bring back Valerie, oh, I am sorry, we are three weeks away from our next work session. COUNCILMAN WICKHAM: I would like to work with the Supervisor on this and have her actually attend a meeting of the Town Board work session. She was not here today. The Board only received a one plus page broad statement and I wasn't comfortable that we as a Board had Page 91 June 20, 2006 Town of South old Board Meeting Minutes had a chance to go over it carefully and know precisely the role she would play vis-a-vis that of Schneider Engineering. But I think that could be sorted out and I am hopeful that we could bring her on board along the lines that you suggested. MS. W ACHSBERGER: Great. To whom, I keep getting, people keep talking to me or accosting me or e-mailing me and saying, oh, you should really consider this and oh, you know, they have read about this proposal in the papers. Well, this what really should be done and my marketing experience says you ought to do this and all of that. And I should send all of these on to somebody for somebody's consideration. To whom... SUPERVISOR RUSSELL: I would at this point advise either Mark Terry or Kieran Corcoran, who are the point men appointed to deal with the Schneider firm. So I would forward those to them. MS. W ACHSBERGER: Okay. Thank you. SUPERVISOR RUSSELL: Thank you. Any other comments on any issue? (No response) Motion to adjourn. 9. Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 6:20_ P.M. . . . . . o~~o~ Elizabeth A. Neville Southold Town Clerk -/ Vote Record ~ Adjourn Town Board Meetiol! Yes/Aye ~olNay Abstain Absent Albert Krupski Jr. "Voter Ii'l 0 0 0 Ii'l Adopted William P. Edwards Voter Ii'l 0 0 0 0 Defeated Daniel C. Ross Seconder Ii'l 0 0 0 0 Withdrawn Tho'mas H. Wickham Voter Ii'l 0 0 0 Louisa P. Evans Initiator Ii'l 0 0 0 Scott Russell Voter Ii'l 0 0 0 Page 92