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HomeMy WebLinkAboutTB-08/09/2006 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown.northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES August 9, 2006 1:30PM A Regular Meeting of the Southold Town Board was held Wednesday, August 9, 2006 at the Fishers Island, Fishers Island, Ny. Supervisor Russell opened the meeting at I :30 PM with the Pledge of Allegiance to the Flag. Attendee Name Albert Krupski Jr. William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Elizabeth Neville Kieran Corcoran I. Resolutions Organization Town of South old Town of Southold Town of Southold Town of South old Town of South old Town of South old Town of Southold Town of S()llthold Title Councilman Councilman Councilman Councilman Justice Supervisor Town Clerk Assistant Town Attorne Status Present Present Present Present Present Present Present Present Arrived 1. Statement SUPERVISOR RUSSELL: What I would like to do first is have everybody stand for the Pledge of AlIegillnce to the Flag./What I am going to do is I am going to announce all of the people who were~bletomj!ke the trip over today. Of course, I want to thank the peorle of Fishers Islarld for having us, it is a pleasure. I have been coming here, this is about my 16' year and it is always a pleasure. Especially now that I am supervisor I don't get yelled at over taxes anymore. What I would like to do is announce all of the people that made the trip today, if I miss someone, I am very sorry and I did the best I could to acconunodate all of you. Today we have Marc Alessi, who is the Assemblyman from the first assembly district. Bill Anderson from the Plum Island Fire Department; you know what we are going to do, let me just announce everyone and then we will clap at the end. How is that? Patricia Barry, from the Department of Motor Vehicles, Eastern Long Island District Director; Phil Beltz, is our Special Projects Coordinator for Southold Town; Dave Bergen, Southold Town Trustee; Ken Bergman, New York State Page I August 9, 2006 Town of South old Board Meeting Minutes Emergency Management; Mike Boken, Cutchogue Fire Department; Ed Boyd, Southold Town Fire Chief counsel; Lieutenant Frank Carbone, NYS DEC State law enforcement; Bob Connelly, Assistant District Attorney, east end; John Conover, from Environmental Enforcement New York State DEC; Kieran Corcoran, Assistant Town Attorney; John Cushman, Town Comptroller; Donna Deckelman from the New York State Archives; John DiGiuseppe, Suffolk County Health Department Public Sanitarian; Jim Dinizio, Zoning Board of Appeals; Jill Doherty, Southold Town Trustees; Melanie Doroski from the Land Preservation Department; Darlene Duffy, Southold Town Assessor; Jim Eckerd, Southold Town Conservation Advisory Commission; Bill Edwards a Southold Town Board member; Susanna Enriquez from Newsday; Louisa Evans, of course we all know Louisa, a Justice and Southold Town Board member; Bill Faulk, the aide to Suffolk County legislator Ed Romaine; Jerard Fernandez from Hawkins, Delafield and Wood; Marty Flatley, our Southold Town police captain; Amy Ford from the Planning Department; Ed Forrester from Code Enforcement; Cliff Foy from Suffolk County Water Authority; Carrie Gallagher, Suffolk County Department of Planning; Charles Gardner, Director of Suffolk County Department Consumer Affairs; Jerry Goehringer, Zoning Board of Appeals; Jim Grathwohl, Southold Town Historic Preservation Commission; Susan Harley, Suffolk County Fire Academy; Peter Harris, Southold Town Superintendent of Highway; Scott Harris, Suffolk County Consumer Affairs Complaints and Investigations; Brian Hassemann, Department of Homeland Security; Lorraine Hill-Campbell, New York State Archives; Mary Hime, Suffolk County Department of Health Services; Mary LaFlair Hough, Suffolk County Department of Health Services; Tim Huss, NYS DEC law enforcement; John Jerome, of course, from maintenance, he is cooking the burgers today; Brownell Johnston, attorney Southold Town Trustees; Albert Krupski, Southold Town Board member; Steve Libretto, representing the Mattituck Fire Department, he is the Fire Department Chief; Susan Lienau, staff, NYS Assembly; Joanne Liguori, Staff, NYS Assembly; Deborah Lynn, Office of Senator Kenneth LaValle; Tom Martin, Southold Town Fire Coordinator; Michelle Martocchia, Town Clerk's office; Timothy Mattimore, Suffolk County Water Authority; Jack McGreevy, Southold Town Conservation Advisory Commission; Doug McKay, NYS Department of Ag & Markets; Karen McLaughlin, Human Services Director; Jim McMahon, Community Development and Department of Public Works; Lori Hulse Montefusco, Assistant Town Attorney; Pat Moore, Attorney; Michelle Myers, Suffolk Times; Elizabeth Neville, Southold Town Clerk; Stacey Norklun, Records Management; Kathryn Oheim, Suffolk County Planning; Belle Pagdanganan, Suffolk County Emergency Management; Jim Palrneiri, Department of Homeland Security, Plum Island; Paul Ponturo, Suffolk County Department of Health Services; Ken Reeves, Southold Town Recreation Director; Sue Reilly, Suffolk County Department of Health Services; Lloyd Reisenberg, Data Processing; Jamie Richter, Town Engineer; Edward Romaine, Suffolk County legislator; Helen Rosenblum, REMSCO Representative; Dan Ross, Southold Town Board member; Barbara Rudder, Accounting Department; Lieutenant Bill Sawicki, Southold Town Emergency Management; Thomas Sawicki, Department of Homeland Security, Plum Island; Ed Scheyer, Suffolk County Fire Marshal; Michael Schlosberg, Suffolk County Clerk, Director of Security; Robert Scott, Southold Town Assessor; Peter Scully, Regional Director, NYS DEC; Mike Seamen, Allen Video; Michael Simon, Zoning Board of Appeals; Richard Smith, NYS Codes Division; Robert Smith, Hawkins, Delafield & Wood; Gary Solomon, Department of Motor Vehicles, Regional Director; George Solomon, Planning Board; Melissa Spiro, Land Preservation Coordinator; Holly Rhodes Teague, Suffolk County Office of the Aging; Mark Page 2 August 9, 2006 Town of Southold Board Meeting Minutes Terry, Planning Department; Zach Tomaszewski, Data Processing; Lydia Tortora, Supervisor's Office; Mike Verity, Southold Town Building Department; Kevin Webster, Southold Town Assessor; Leslie Weisman, Zoning Board of Appeals; Tom Wickham, Southold Town Board mernber; Jerilyn Woodhouse, Chairwoman of the Planning Board; Ruthanne Woodhull, Supervisor's Office; Peter Young, Southold Town Conservation Advisory Commission; Marian Zucker, Suffolk County Affordable Housing and Ben Zwirn, Assistant Deputy County Executive. That is everybody I see. Jimmy King, I also see, Southold Town Trustee; Ruth Oliva I think is from the ZBA, Ruth is here today; and somebody from Suffolk County Department of Water Conservation, who are you? Paul Tenyenhuis. Is that good? I am not going to win any awards for pronunciation. That is the introduction of the people that came over today; they are here to answer all of your questions and any of the concerns that you have. I implore you to take advantage of that opportunity. It is an actual pleasure for all of us to be here today. With that said, I would like to move on to the regular meeting of the Town Board. It is a very short agenda today but I would give anybody the opportunity that wants to address any item that is on the agenda, to come before the Town Board now. We will have an opportunity later, after we complete the business to open up the floor to any issue of mutual concern. Would anybody like to address the Board? (No response) .Hearing none, let's move on with the agenda. 2006-684 CATEGORY: DEPARTMENT: Budget Modification Town Clerk ModifY the 2006 Fishers Island Ferry District Budget RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Fishers Island Ferry District budl!:et. as follows: To: SM.571O.2.IOO.000 Fish Ladder $ 70,000 From: SM.57IO.2.000.000 Equipment $ 70,000 "'Vote Record - Resolution RES-2006w684 Yes/Aye NolNay Abstain Absent Ii:! Adopted Al~~.~pski.Jr. Initiator Ii:! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii:! 0 0 0 0 Defeated Daniel C. Ross Voter Ii:! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii:! 0 0 0 0 Withdrawn Louisa P. Evans ' S.econder Ii:! 0 0 0 Scott Russell Voter Ii:! 0 0 0 2006-685 CATEGORY: DEPARTMENT: Seqra Land Preservation Page 3 August 9, 2006 Town of South old Board Meeting Minutes Seqra FITF, LLC WHEREAS, the Town Board of the Town of South old wishes to purchase property owned by FITF, LLC for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 zoning district. The proposed acquisition is for fee title for approximately oi2.4 acres of the oi3.29 acre (subject to survey) parcel that is located within the R-80 zoning district. The acquisition is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R- 40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property; and WHEREAS, the portion of the property that has been offered for sale to the Town of Southold is open space waterfront property. 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 exceptional scenic value and undeveloped beachland and shoreline. The property is to be purchased for the purpose of the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, undeveloped beachlands and shorelines; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 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 South old hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Page 4 August 9, 2006 Town of Southold Board Meeting Minutes '" Vole Record- Resolution RE8-20(}6.;685 yes/Aye No~ay Abstain Absent 611 Adopted Alb~, J<.n.Ip~l;ciJr. Seconder 611 0 0 0 0 Adopted as Amended William p, Edwards Initiator 611 0 0 0 0 Defeated Daniel C. Ross Voter 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 2006-686 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Land Preservation FITF, LLC Elect to Purchase WHEREAS, the Town Board of the Town of South old held a public hearing on the question of the purchase of the property owned by FITF, LLC on this 9th day of August, 2006, pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (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 part ofSCTM #1000-9-8-2 and is located on Reservoir Road at Silver Eel Cove, Fishers Island, New York, approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island; and WHEREAS, the open space acquisition is for fee title of approximately "=2.4 acres (subject to survey) of the "=3.29 acre parcel that is located within the R-80 zoning district. The acquisition is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R -80 portion from the existing Mll portion, ZBA variances, rezoning of the Mll portion to R- 40, and restrictions on the future residential structure to be located on what is now the Mll zoned area of the property; and WHEREAS, this property has been offered for sale below fair market value to the Town of Southold as open space waterfront property. The purchase price for this open space acquisition is $770,000.00 (seven hundred seventy thousand dollars) plus acquisition costs. The seller may claim a bargain sale; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as land that should be preserved due to its exceptional scenic value, undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, undeveloped beachlands and shorelines; and WHEREAS, uses of the property will be limited to passive recreational uses in a manner consistent with the environmentally sensitive nature of the property; and Page 5 August 9, 2006 Town of Southold Board Meeting Minutes WHEREAS, the purchase of this property is in conformance with the provisions of Chapter 185 (Opm Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of South old; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, as per Chapter 1 17 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined than no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island; 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 Southold purchase fee title to the subject property for the purpose of the preservation and protection of opel' space, scenic values, undeveloped beachlands and shorelines; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase the property owned by FITF, LLC. Said property is identified as part of SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title of approximately 102.4 acres (subject to survey) of the 103.29 acre parcel that is located within the R-80 zoning district and is subject to and contingent upon several conditions, including, but not limited to, subdivision of the R-80 portion from the existing MIl portion, ZBA variances, rezoning of the MIl portion to R -40, and restrictions on the future residential structure to be located on what is now the MIl zoned area of the property. The purchase price for this open space acquisition is $770,000.00 (seven hundred seventy thousand dollars) plus acquisition costs. The seller may claim a bargain sale as the purchase price is below fair market value. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code. Uses of the property will be limited to passive recreational uses in a manner consistent with the environmentally sensitive nature of the property. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the L WRP. As per Chapter 1 17 (Transfer of Development Rights) of the Codp. of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. Page 6 August 9, 2006 Town of South old Board Meeting Minutes ./ Vote Reeord . Resolution RES-2006-686 X~sf~ye N~-'!~~)"y Abstain Absent Iil Adopted Albo:t,-f<.rl1pskiJr. Seconder 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 Voter Iil 0 0 0 Scott Russell Voter Iil 0 0 0 5. Statement COUNCILMAN WICKHAM: We have one more resolution that we put together today after meeting with an architect and an engineer, whose office is in Norwich, Connecticut so we took advantage of the facility here and the school to sit with him and to clarify some last minute questions that the Board had. I think the Board is ready to consider the following resolution that our Town Attorney has drafted for us. 2006-687 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Clerk Authorize and Directs Supervisor Scott Russell to Accept the Proposal of Designed Learned for the Re- Design of a Town of Southold Animal Shelter RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott Russell to accept the proposal of Desi2ned Learned for the re-desi2n of a Town of Southold Animal shelter, reduced in size approximately 7,000 square feet, at a cost not to exceed $80,860.00, all in accordance with the approval of the Town Attorney. ./ Vo.e Retard - Resolution RES.2006-687 Iil Adopted o Adopted as Amended o Defeated o Tabled o Withdrawn Al~~_~pslci k William P. Edwards Daniel C. Ross Thomas H. Wickham Louisa P. Evans Scott Russell Voter Initiator Voter Seconder Voter Voter y ~sfAY~ Iil Iil Iil Iil Iil Iil I'fo~a)' o o o o o o Abstain o o o o o o Absent o o o o o o 7. Statement SUPERVISOR RUSSELL: Now this is the point in the meeting where we open up the floor to discuss any issue of mutual concern; if anybody would like to address the Town Board? UNIDENTIFIED: Mr. Supervisor, members of the Board. I would like to thank you and all the elected and appointed officials from the county and the state for making the effort to come here today. I know how hard it is to get to Fishers and how hard it is for us to get to Southold but I think it is important for us to be able to put the faces and the names together. At this time, I would like to introduce a person who is very important to Fishers Island, our Island administrator (inaudible). Page 7 August 9, 2006 Town of Southold Board Meeting Minutes INAUDIBLE: My name is (inaudible) and I am the island administrator. I am going to give you a brief reason why I (inaudible) working for a non-profit organization up in Maine called the (inaudible) so because of my background as a planner (inaudible) with the desire to have somebody (inaudible) so my task since I have been here has been a couple of things. Help the Fishers Island Civic Association become a more pro-active board and body (inaudible) coordinating all of our efforts here, to better communicate with you guys and just get information (inaudible) so the idea was to get more input from the community (inaudible) with that we also established an island office (inaudible) which I have been doing that for two years and plan on continuing (inaudible). So that will be kind of nice. But we have done things like start a newsletter (inaudible) and one of our big projects that has come out of this that we are proud of and I (inaudible) is the hamlet study. And this is our version of it (inaudible) and the things I kind of wanted to thank you for mostly was funding (inaudible) because we didn't really fit the hamlet mold and the model (inaudible) because we are an island and things are different. So you werf' very patient with us and allowed us (inaudible) and in fact about a month ago she came in and started that process. And we have got our stakeholder group, this is another positive thing about the community board, is they were (inaudible) and also become some of the stakeholders. (inaudible) and we are meeting again on the 17th (inaudible) our main thing that has come out of this and today was helpful with it, too, we are going to have a very active database of all of our island (inaudible) I spent part of the day with your archives people which is great, so we are going to have actually discs and stuff instead of very old papers, so this will be great. I mean, this is something (inaudible) for that kind of information (inaudible) we have got 34 volunteers, basically organizations that ranges from our (inaudible) and so we have got a lot of people working in a positive direction but we want to keep going in the same direction, so that was the idea with this island administration position and the hamlet study (inaudible) because our second goal with the hamlet study was basically a sustainable vision for (inaudible) growth over the next decade and the continuation of many (inaudible). So the way we are treating the hamlet study is basically (inaudible) for us, so it is a great opportunity for us and I think we are going to get a lot out of it. So, thank you and it was nice to meet you. SUPERVISOR RUSSELL: Would anybody else like to come and address the Town Board on any issue? BILL RIDGWAY: Bill Ridgway, member of the Fishers Island Community Board. I would like to ask this Board what the status of the exercise path (inaudible). SUPERVISOR RUSSELL: Bill, I knew you weren't going to let us get away with it. Jim, can you come on up and address this? JIM MCMAHON: Jim McMahon, Department of Public Works. A contractor has been let by the Town, Corazzini Asphalt should be delivering the material, I think he figured it was 8 trucks per ferry, he is renting a ferry over here, starting right after Labor Day. So the material will be delivered and hopefully we will get this long awaited project under way. I was here earlier today looking at the tennis courts. I am very pleased the way that surface held up and when we get back to the mainland, we are going to look at maybe resurfacing the basketball courts, either this Page 8 August 9, 2006 Town of South old Board Meeting Minutes year or in the spring. Again, that material is kind of an experimental, something that we have never used before but we are very pleased with the way it held up, so we are going to try it on that other surface. So we'll maybe get that done in the spring. SUPERVISOR RUSSELL: Thank you. I think the only real hold-up there was the material, getting the materials to the island which threw a curveball to us but I think it is resolved and actually, I had come here a few months ago and met with several of you and it is amazing to me because you have about 200 people living here and 250 different civic organizations and I tried to meet with as many as possible. I am going to do that again, probably sometime in September; I will set up my schedule. I would like to do it on a weekend this time, so that many of the people that have to work during the day during the week will have access to sit down with me to sit down and discuss issues of mutual concern. Hopefully, by the time I come here in mid September, we will be working on a new fitness trail. Would anybody else like to address the Board on any issue? MARC ALESSI: State Assemblyman Marc Alessi. I just want to thank the Board on behalf of all the other guests here. Since I have come into office, I have felt a sense of obligation to come out here. I feel a sense of obligation when some of my reporters (inaudible) that my district runs from Miller Place to Orient Point, I have to correct and let them know that it ends way out here (inaudible) and I have had a number of communications with people on Fishers Island, like the Superintendent of the Schools who was pretty supportive when I was going to Albany and fighting to more state aid but to come to my round table on Long Island is almost impossible. So what this Town Board does here today is truly remarkable. A tremendous benefit to residents and a tremendous benefit the representatives and the elected's. I had a wonderful tour by the (inaudible) and I think that in general, a day like today helps us all in our jobs, so I hope you utilize it after this Town Board meeting and come to us with your issues. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Town Board on any issue? (No response) Okay. What I am going to do before I close the meeting, I just wan to thank a few people. First and obviously the school for being the gracious hosts of this meeting. I want to thank the Highway Department, John Jerome and Pete Harris and the rest of them, they come through for us every year on the set up and the logistics of moving equipment over here so that we can put this thing together. I want to thank Mike Imbriglio for the sound. I want to thank the ferry district for their cooperation and the use of the facility. I also want to send special thanks to Ruthanne and Lydia from my office, who organized this effort. They put a lot of work into it, there is a lot of work that goes on behind the scene and I want to thank them both for that. With that being said, can I get a motion to close the meeting? II. Public Hearinl!s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: Page 9 August 9, 2006 Town of South old Board Meeting Minutes RESOLVED that this meeting of the Southold Town Board be and herebv is declared Recessed in order to hold a public hearinl!. RESULT: ADOPTED [UNANIMOUS) MOVER: Albert Krupski Jr., Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 2. Set August 9th, 2006,1:45 P.M., At the Fishers Island School As the Time and Place of a Public Hearing on a Proposed Local Law Entitled "A Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of that Portion of SCTM #1000-9-8-2 Presently Zoned As M-ll, As Well As SCTM #1000-9-8-3.4, From M-ll to R-40" History: 08/09/06 ADJOURNED Next: 08/22/06 COUNCILMAN WICKHAM: This is a public hearing at which any member of the public is entitled and welcome to join and address the Town Board on the subject that I will read as follows.: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesdav. AUl!ust 9. 2006. at 1:50 p.m.. Fishers Island School. Winthrop Drive. Fishers Island. New York as the time and place for a public hearinl! for the purchase of open space on property owned bv FITF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately "=2.4 acre (subject to survey) of the "=3.29 acre parcel that is located within the R-80 zoning district and subject to FlTF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining "=0.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Page 10 August 9, 2006 Town of South old Board Meeting Minutes Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. 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. SUPERVISOR RUSSELL: At this time, would anybody like to come up and address the Town Board on this public hearing? Melissa Spiro the Land Preservation Coordinator. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. There are two hearings today. One is in regard to the FITF properly for the open space purposes and the other is in regard to zone changes. This purchase hearing is now on the land acquisition. It is a fairly com\llicated but I believe a significant open space purchase on Fishers Island. The properly involved in the land preservation application is owned by FITF, LLC of which Dixon Harvey is one of the owners. I have been working with Dixon, so I am going to refer to this as either the Dixon or the Harvey properly. The total area of the Harvey properly is approximately 3.29 acres. The lot is split zoned, approximately 2.4 acres located on the north side in the R-80 zoning district and approximately .9 acres in the M-II district. That properly is on the south side of the property. The Harvey properly contains uplands, rocky beach, land within the coastal erosion hazard line, tidal wetlands and an existing building and a dilapidated or somewhat dilapidated dock. Both the building and the dock are located in the M-II zoned area. The M-II zoned portion of the properly was used years ago as a fuel oil terminal and oil tanks were located on the property. The tanks have been removed and remediation to remove contaminated soil is under way. The land owner has supplied the Land Preservation Department with extensive environmental reports including a phase II environmental site assessment. The Town open space purchase involves the 2.4 acre R-80 zoned portion of the property only. The Town's acquisition will include all of the existing R-80 zoned properly in addition to any land shown on the survey as a 'cobble beach', the beach area sticking out into the harbor. The open space purchase does not involve the currently M II zoned portion of the properly. The Land Preservation Committee commissioned an appraisal for the residential portion of the properly and made an offer to Dixon Harvey to purchase the property under the Town's Land Preservation Program for open space purposes. Dixon made a counter offer back to the Town which was slightly unusual and also sligl.tly lower than the Town's offer and the Town accepted his offer. The purchase price is $770,000 which is below the fair market value of the property and is thus considered a bargain sale. A contract has been signed by the landowners and is pending Town Board resolution for the Town Board to sign and execute the contract. The contract is subject to and contingent on several conditions and I will briefly explain these conditions: Since the Town is purchasing only a portion of the properly, the existing R -80 zoned area, this portion needs to be separated from the existing M-II zoned portion of the properly. This requires subdivision approval from the Town's Planning Board. The preservation acquisition is therefore subject to subdivision approval. The lots within the proposed subdivision do not meet the minimum lot area requirements of the zoning code once unbuildable lands are excluded. Therefore, in order for the subdivision to proceed, an area variance from the Zoning Board of Appeals will be necessary. Page II August 9, 2006 Town of Southold Board Meeting Minutes So the land preservation application is subject to ZBA approvals. The subdivision process and perhaps the ZBA process will require other approvals, such as Health Department, DEC etc. So the preservation acquisition is subject to all those other agency approvals. During negotiations with Dixon in regard to the preservation acquisition, the Land Preservation Committee had concerns about what was going to occur on the M-II portion left out of the preservation acquisition. Dixon and his family volunteered some restrictions on future use of the property: There is an existing building on the M-II zoned portion of the property. It was agreed that any future residential use ofthe property would not exceed 1,296 square feet, the size of the footprint of the existing building. Relocation will be allowed, but the structure will not be allowed to exceed the 1,296 square feet. An attached open, covered porch will be allowed in addition to the 1,296 square foot footprint however, it will not be allowed to exceed the 10 foot by 35 foot in area. In addition, any second story will be reduced in size by the square footage applied to the covered porch. The height of the dwelling will be limited to 28 feet at the peak. No detached accessory structures will be permitted on the property. There is an existing dilapidated dock on the property. The existing dock may be reconstructed and altered in accordance with regulatory permits but will be limited to 4 private residential slips and will not be used for commercial purposes. In light of the land preservation application and all of the conditions volunteered for future use of the M-II zoned portion of the property, it became apparent that the M-ll zoned portion of the property should be rezoned to a residential zone. The zone change hearing after this hearing involves the zone change of the M-ll portion of the property 1 have been discussing from M-ll to R-40 in addition to a zone change from M-ll to R-40 on the separate adjacent property to the south. There is also a separate parcel that is also owned by the Harvey family and that is also zoned M-II, that is adjacent to that, it has an additional house on it; that parcel is also subject to the hearing, the next hearing. The aerial map up front, 1 don't know if you can all see it from where you are but it shows the zoning code parcels and the other map shows the land acquisition. The Land Preservation Committee reviewed all of the conditions and was in favor of proceeding with the preservation application subject to the conditions. The restrictions in regard to the future house and dock will be recorded within a Declaration of Covenants and Restrictions for the portion of the property not involved in the preservation acquisition. The way this is set up, the land preservation acquisition will not occur until all conditions are met. So, like 1 said earlier, this is a fairly complicated acquisition as the land preservation acquisition is subject to all of these but I have faith that it will all be able to be worked out and we will come to completion with them. The Town will be using Committee Preservation funds to acquire the property. Once acquired, the use of the property will be limited to passive recreation uses in a manner consistent with the environmentally sensitive nature of the property. We have to work out all of the details, but it is likely that stewardship and management of the property will be funded by the Community Preservation Fund and a stewardship agreement will be developed between the Town and the Ferguson Museum. A management plan for the property will be developed with museum involvement. The Committee and I both feel that this is a significant preservation acquisition for Fishers Island. You all know Fishers Island much better than I do but I do know that this property is extremely visible to all entering the island via the ferry. Preservation will ensure that a house is never built at the entrance to Fishers Island and will allow for passive recreational use of this property. I thank the landowners, who are all here and sitting in different places in the audience, for participating in the Town's preservation efforts and I look forward to working with them to complete all the necessary steps in a timely manner. Both the Committee Page 12 August 9, 2006 Town of South old Board Meeting Minutes and I recommend that the Town Board proceed with passing a resolution to purchase this significant property. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on the acquisition? PAT MOORE: Good afternoon, Patricia Moore, I am the attorney that came on board and I thank you for the opportunity to come before this Board. I represent Mr. Dixon Harvey and the LLC and it has been a really challenging application, I know that it is going to take a group effort of municipal and owner cooperation. I feel that my job is going to be to move papers along very quickly because we all have the goal of completing the task within a certain period of months. That, we want to thank Melissa, her creativity and the Board's willingness to be creative with respect to this acquisition is making this possible and I think overall it is going to be a very worthwhile project. I thank you and I hope that if the Zoning Board (inaudible) I know Mr. Harvey is certainly available and can show them the property. Thank you. PETER BURR: My name is Peter Burr, I am a member of the Land Preservation Committee of the Town, I am also the coordinator for Fishers Island. I just wanted to re-state what you just said previously. I have worked very closely with Melissa and the Committee and this is our first access to the Community Preservation Fund. It is a tremendous situation and we are very grateful for the Board's support, very grateful for the Committee's support and all of the Town, we have 100 % cooperation. So we thank you on behalf of Fishers Island. SUPERVISOR RUSSELL: Thank you, Mr. Burr. Would anyone else like to comment on this acquisition? (No response) Hearing none, can I get a motion? 08/22/06 ADJOURNED Next: 09/05/06 COMMENTS - Current Meeting: COUNCILMAN WICKHAM: This is a public hearing at which any member of the public is entitled and welcome to join and address the Town Board on the subject that I will read as follows.: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Wednesdav. Aueust 9. 2006. at 1:50 p.rn.. Fishers Island School. Winthrop Drive. Fishers Island. New York as the time and place for a public hearine for the purchase of open space on property owned bv FITF. LLC. Said property is identified as SCTM #1000-9-8-2. The address is Reservoir Road at Silver Eel Cove, Fishers Island, New York, and is located approximately 500 feet from the intersection of Reservoir Road and Winthrop Drive on Fishers Island in the R-80 and MIl zoning districts. The proposed acquisition is for fee title for approximately 0102.4 acre (subject to survey) of the 0103.29 acre parcel that is located within the R-80 zoning district and subject to FITF, LLC obtaining subdivision approval to separate the R-80 portion of the lot the Town is to purchase from the MIl portion of the property. The acquisition is also subject to limitations (covenants & restrictions) being placed on the remaining 0100.89 acre portion of the property that is currently in the MIl zoning district regarding its future use. Page 13 August 9, 2006 Town of South old Board Meeting Minutes The property has been offered for sale to the Town of Southold as open space waterfront property. The purchase price is $770,000.00 (seven hundred seventy thousand dollars). The seller may claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its exceptional scenic value and undeveloped beachland and shoreline. The purchase of the acquisition is for the preservation of open space and falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, and undeveloped beachlands and shorelines. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, Section 117-5, the Land Preservation Coordinator and the Town Board have determined that no Sanitary Flow Credits are available from this purchase being that the property is located on Fishers Island. 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. SUPERVISOR RUSSELL: At this time, would anybody like to come up and address the Town Board on this public hearing? Melissa Spiro the Land Preservation Coordinator. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. There are two hearings today. One is in regard to the FITF property for the open space purposes and the other is in regard to zone changes. This purchase hearing is now on the land acquisition. It is a fairly complicated but 1 believe a significant open space purchase on Fishers Island. The property involved in the land preservation application is owned by FITF, LLC of which Dixon Harvey is one of the owners. 1 have been working with Dixon, so 1 am going to refer to this as either the Dixon or the Harvey property. The total area of the Harvey property is approximately 3.29 acres. The lot is split zoned, approximately 2.4 acres located on the north side in the R-80 zoning district and approximately .9 acres in the M-II district. That property is on the south side of the property. The Harvey property contains uplands, rocky beach, land within the coastal erosion hazard line, tidal wetlands and an existing building and a dilapidated or somewhat dilapidated dock. Both the building and the dock are located in the M-II zoned area. The M-11 zoned portion of the property was used years ago as a fuel oil terminal and oil tanks were located on the property. The tanks have been removed and remediation to remove contaminated soil is under way. The land owner has supplied the Land Preservation Department with extensive environmental reports including a phase II environmental site assessment. The Town open space purchase involves the 2.4 acre R-80 zoned portion of the property only. The Town's acquisition will include all of the existing R-80 zoned property in addition to any land shown on the survey as a 'cobble beach', the beach area sticking out into the harbor. The open space purchase does not involve the currently M 11 zoned portion of the property. The Land Preservation Committee Page 14 August 9, 2006 Town of Southold Board Meeting Minutes commissioned an appraisal for the residential portion of the property and made an offer to Dixon Harvey to purchase the property under the Town's Land Preservation Program for open space purposes. Dixon made a counter offer back to the Town which was slightly unusual and also slightly lower than the Town's offer and the Town accepted his offer. The purchase price is $770,000 which is below the fair market value of the property and is thus considered a bargain sale. A contract has been signed by the landowners and is pending Town Board resolution for the Town Board to sign and execute the contract. The contract is subject to and contingent on several conditions and I will briefly explain these conditions: Since the Town is purchasing only a portion of the property, the existing R -80 zoned area, this portion needs to be separated from the existing M-II zoned portion of the property. This requires subdivision approval from the Town's Planning Board. The preservation acquisition is therefore subject to subdivision approval. The lots within the proposed subdivision do not meet the minimum lot area requirements of the zoning code once unbuildable lands are excluded. Therefore, in order for the subdivision to proceed, an area variance from the Zoning Board of Appeals will be necessary. So the land preservation application is subject to ZBA approvals. The subdivision process and perhaps the ZBA process will require other approvals, such as Health Department, DEC etc. So the preservation acquisition is subject to all those other agency approvals. During negotiations with Dixon in regard to the preservation acquisition, the Land Preservation Committee had concerns about what was going to occur on the M-II portion left out of the preservation acquisition. Dixon and his family volunteered some restrictions on future use of the property: There is an existing building on the M-II zoned portion of the property. It was agreed that any future residential use of the property would not exceed 1,296 square feet, the size of the footprint of the existing building. Relocation will be allowed, but the structure will not be allowed to exceed the 1,296 square feet. An attached open, covered porch will be allowed in addition to the 1,296 square foot footprint however, it will not be allowed to exceed the 10 foot by 35 foot in area. In addition, any second story will be reduced in size by the square footage applied to the covered porch. The height of the dwelling will be limited to 28 feet at the peak. No detached accessory structures will be permitted on the property. There is an existing dilapidated dock on the property. The existing dock may be reconstructed and altered in accordance with regulatory permits but will be limited to 4 private residential slips and will not be used for commercial purposes. In light of the land preservation application and all of the conditions volunteered for future use of the M-II zoned portion of the property, it became apparent that the M-II zoned portion of the property should be rezoned to a residential zone. The zone change hearing after this hearing involves the zone change of the M-II portion of the property I have been discussing from M-II to R-40 in addition to a zone change from M-II to R-40 on the separate adjacent property to the south. There is also a separate parcel that is also owned by the Harvey family and that is also zoned M - II, that is adjacent to that, it has an additional house on it; that parcel is also subject to the hearing, the next hearing. The aerial map up front, I don't know if you can all see it from where you are but it shows the zoning code parcels and the other map shows the land acquisition. The Land Preservation Committee reviewed all of the conditions and was in favor of proceeding with the preservation application subject to the conditions. The restrictions in regard to the future house and dock will be recorded within a Declaration of Covenants and Restrictions for the portion of the property not involved in the preservation acquisition. The way this is set up, the land preservation acquisition will not occur until all conditions are met. So, like I said earlier, this is a fairly complicated acquisition as the land preservation acquisition is subject to all Page 15 August 9, 2006 Town of South old Board Meeting Minutes of these but I have faith that it will all be able to be worked out and we will come to completion with them. The Town will be using Committee Preservation funds to acquire the property. Once acquired, the use of the property will be limited to passive recreation uses in a manner consistent with the environmentally sensitive nature of the property. We have to work out all of the details, but it is likely that stewardship and management of the property will be funded by the Corr.munity Preservation Fund and a stewardship agreement will be developed between the Town and the Ferguson Museum. A management plan for the property will be developed with museum involvement. The Committee and I both feel that this is a significant preservation acquisition for Fishers Island. You all know Fishers Island much better than I do but I do know that this property is extremely visible to all entering the island via the ferry. Preservation will ensure that a house is never built at the entrance to Fishers Island and will allow for passive recreational use of this property. I thank the landowners, who are all here and sitting in different places in the audience, for participating in the Town's preservation efforts and I look forward to working with them to complete all the necessary steps in a timely manner. Both the Committee and I recommend that the Town Board proceed with passing a resolution to purchase this significant property. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on the acquisition? PAT MOORE: Good afternoon, Patricia Moore, I am the attorney that came on board and I thank you for the opportunity to come before this Board. I represent Mr. Dixon Harvey and the LLC and it has been a really challenging application, I know that it is going to take a group effort of municipal and owner cooperation. I feel that my job is going to be to move papers along very quickly because we all have the goal of completing the task within a certain period of months. That, we want to thank Melissa, her creativity and the Board's willingness to be creative with respect to this acquisition is making this possible and I think overall it is going to be a very worthwhile project. I thank you and I hope that if the Zoning Board (inaudible) I know Mr. Harvey is certainly available and can show them the property. Thank you. PETER BURR: My name is Peter Burr, I am a member of the Land Preservation Committee of the Town, I am also the coordinator for Fishers Island. I just wanted to re-state what you just said previously. I have worked very closely with Melissa and the Committee and this is our first access to the Community Preservation Fund. It is a tremendous situation and we are very gratdul for the Board's support, very grateful for the Committee's support and all of the Town, we have 100 % cooperation. So we thank you on behalf of Fishers Island. SUPERVISOR RUSSELL: Thank you, Mr. Burr. Would anyone else like to comment on this acquisition? (No response) Hearing none, can I get a motion? RESULT: ADJOURNED [UNANIMOUS) Next: 8/22/20064:30 PM MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 16 August 9, 2006 Town of Southold Board Meeting Minutes 3. Statement COUNCILMAN WICKHAM: A few minutes ago our Land Preservation Coordinator indicated the two-fold purpose of what we are trying to accomplish today in this preservation effort and the following public hearing has to do with the second purpose. 4. Set Wednesday, August 9, 2006, At 1:50 P.M., Fishers Island School, Winthrop Drive, Fishers Island, New York As the Time and Place for a Public Hearing for the Purchase of Open Space on Property Owned by FITF, LLC COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the requirements ofNYS Town Law and the Code of the Town of South old, Suffolk County, New York, the Town Board of the Town of Southold will hold a public hearinl!: on a proposed Local Law entitled "A Local Law to amend the Zoninl!: MaD of the Town of Southold bv ChanWI!: the Zoninl!: Desil!:nation of that portion of SCTM #1000-9-8-2 presentlv zoned as M-I1. as well as SCTM #1000-9-8-3.4. from M-I1 to R-40" at the Fishers Island School, Winthrop Drive, Fishers Island, New York, at 1:45 p.m. on August 9, 2006. The proposed rezonings, if adopted, shall be conditioned upon the closing of the contract permanently to preserve the portion ofSCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions limiting the size of any dwelling on the remaining unpreserved portion of that property to be rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as well as limiting the building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and with no detached accessory structures permitted. The rezonings shall revert to their prior zoning classifications if the preservation contract closing does not occur within two years of the enactment of this Local Law. The petitioner for this request is the Town Board of the Town of Southold. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road on Fishers Island. This notice of public hearing has appeared on the Town Clerk's bulletin board outside of Town Hall. It also has appeared as a legal in our local newspapers and I have a number of different affidavits here showing that communications have been conducted between the Town and Fish<;:rs Island and all the different people. Do I have anything else of a legal nature? There is a letter, a memo, from....I should have a response from the Planning Board where we asked for their opinion about this. There are several other communications that we have here. I should point out that there are several gaps, not gaps, there are several pieces of communications that the Town is still awaiting. We are awaiting a response from the Suffolk County Planning Department which we are obliged to have in our possession before we vote on these, on a zone change of this nature. We are also waiting for a response from our Planning Board which just recently got it. We are holding the public hearing today here on Fishers Island because obviously these two measures are of great importance to the people of Fishers Island. We will not be able to take a vote on it today because the file is still not complete. The Town Attorney reminds me that we can vote on the contract but not on the zone change. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this zone Page 17 August 9, 2006 Town of South old Board Meeting Minutes change? (No response) JUSTICE EVANS: I move that we leave this hearing open and move back into regular session. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. 3. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 2:21 P.M. * * * * * E'/tduti Q~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Page 18