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HomeMy WebLinkAboutAG-03/27/2007 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD March 27, 2007 4:30 PM Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Patricia A Finnegan ??? POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order. Pledge of Allegiance. I. REPORTS 1. Program for the Disabled February 2007 2. Island Group Claim Lag Report 3/1/06 - 2/28/07 3. Justice Evans February 2007 4. Justice Price February 2007 Southold Town Meeting Agenda - March 27, 2007 Page 2 5. Board of Trustees February 2007 6. Recreation Department Monthly Report - February 2007 II. PUBLIC NOTICES 1. Application to US Army Corps of Engineers Suffolk County Department of Public Works - Dredge with ten years maintenance and sand discharge for beach nourishment - Jockey Creek Spur 2. NYS DEC Notice of Complete Application FITF LLC - Property at Reservoir Rd, Fishers Island SCTM #1000-9-8-2 to subdivide a 3.3. acre lot into 2 lots. 3. Application to US Army Corps of Engineers Suffolk County Department of Public Works - application to dredge with 10 years mainenance and sand discharge for beach nourishment-James Creek a tributary to Great Peconic Bay 4. Liquor License Renewal with NYS Liquor Authority Pagano’s, Main Road, Southold 5. Liquor License Renewal with NYS Liquor Authority Lieb Family Cellars, 35 Cox Neck Rd., Mattituck 6. NYSDEC Notice OF Complete Application Suffolk County Water Authority, Brecknock Hall Wellfield & Pump Station III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 AM - Board of Trustees Proposed chapter 34 - Mooring and Anchoring Regulations 2. 10:00 AM - Merlon Wiggins Plum Island Lighthouse 3. Part-Time Custodial Worker Southold Town Meeting Agenda - March 27, 2007 Page 3 4. 10:30 AM - Richard Zuckerman, Esq. CSEA Negotiations 5. Request for Seminar Continuing education requirement 6. 12:00 Noon - Gail Wickham, Esq. Peconic Recycling 7. 12:30 AM - Greenport Mayor-Elect David Nyce Village Issues 8. 1:00 PM - Melissa Spiro Property Acquisition 9. Recreation Bringing electricity to Strawberry Fields Parks Use Policy 10. Town Planning Director Salary 11. Hamlet Stakeholders’ Kick-Off 12. Heritage Community Meeting Update Supervisor Russell 13. 2:30 P.M. Executive Session - Personnel Karen McLaughlin 14. Love Lane Septic Study Scope - Per Supervisor Russell 15. Ferries In Marine Zones - Per Supervisor Russell 16. Cross Sound Ferry Request to Appear At Worksession 17. Amendments to Merger Law Sec. 280-10C(6) for clarification 18. CDC Closing Expenses - Reimbursement 19. Secretary for Ag Advisory Committee - Per Councilman Edwards 20. Request of Cornell to Dock At Norman Klipp Park Southold Town Meeting Agenda - March 27, 2007 Page 4 21. Boat Ramp Fees and Ramps - Per Councilman Krupski 22. Wind Energy Code 23. SEQRA Goldsmith Inlet 24. TDR - Voorhis Proposal 25. LWRP General Discussion - Per Councilman Krupski 26. LIPA Grant Writing Regarding Energy Savings - Animal Shelter and Hamlet Improvements - Per Councilman Wickham 27. MOA - Personnel Deduction 28. Personnel- PD Resignation 29. Personnel - Trustee/LWRP Job Description V. SPECIAL PRESENTATION 1. 4:30 PM Mattituck Fire Department Steven Cleary, Judd Lincoln, Greg Simmons, Greg Zuhoski and Chris Mathven VI. MINUTES APPROVAL 1. Tuesday, March 13, 2007 VII. RESOLUTIONS 2007-295 CATEGORY: Audit DEPARTMENT: Town Clerk Audit 3/27/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby March 27, 2007. Vote Record - Resolution RES-2007-295 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - March 27, 2007 Page 5 2007-296 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 4/10/07 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 10, 2007 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Vote Record - Resolution RES-2007-296 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-298 Tabled 2/27/2007 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk A Local Law In Relation to Stormwater, Grading and Drainage Control WHEREAS, there had been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 30th day of January, 2007 a Local Law entitled relation to Stormwater, Grading and Drainage Control” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Stormwater, Grading and Drainage Local Law entitled, Control” which reads as follows: LOCAL LAW NO. 2007 Southold Town Meeting Agenda - March 27, 2007 Page 6 “A Local Law in relation to Stormwater, Grading and Drainage A Local Law entitled, Control” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. A new Chapter 236 of the Code of the Town of Southold is hereby adopted as follows: § 236-1. Title. This local law shall be known as the “Stormwater, Grading and Drainage Control law”. § 236-2.Statutory Authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. § 236-3.Purpose. It is the purpose of this local law to promote and protect, to the greatest extent practicable, the public health, safety and general welfare by: (a) Minimizing soil erosion, sedimentation and stormwater runoff; (b) Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including wetlands, which contribute to the accommodation of flood waters and retention of sediment; (c) Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff, and/or which result in discharge onto public lands, neighboring properties or natural protective features; and (d) Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and discharge onto public lands, neighboring properties or natural protective features. (e) Promoting the recharge of stormwater into the fresh water aquifer to protect the drinking water supply and minimize salt water intrusion. § 236-4.Definitions. As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURE – The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids Southold Town Meeting Agenda - March 27, 2007 Page 7 thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. BEST MANAGEMENT PRACTICE - Procedures and methods pertaining to construction activities which are intended to prevent stormwater runoff, retain valuable topsoil and minimize water pollution. BUILDING INSPECTOR - The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CLEAN FILL – Naturally deposited earthen material from an approved upland borrow source. CONSTRUCTION - The siting, building, erection, extension, or material alteration of any structure the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. DEVELOPMENT - Any man-made change to improved or unimproved real property including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating landforms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. DISCHARGE – to emit, expel, pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS - Includes gutters, swales, pipes, conduits and superstructures (e.g., drywells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION - The wearing away of land as a result of the action of natural forces or man-related activities. EROSION, SEDIMENTATION AND STORMWATER RUNOFF CONTROL PLAN - A drawing showing the proposed use of the site and the methods, techniques and improvements, both during and after construction, that will be employed to control erosion, sedimentation and stormwater runoff, which shall employ best management practices. Where the nature of the existing conditions and proposed activities warrant, the Building Inspector may require that such plan be prepared by a registered design professional licensed in the State of New York. Southold Town Meeting Agenda - March 27, 2007 Page 8 EXCAVATION - The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING - The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. GRADING - The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. ILLICIT DISCHARGES - Illicit Discharges shall include but not be limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. IMPERVIOUS SURFACE – Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to, structures, paving, paving blocks, bedding material, packed earth, treated surfaces, roof structures, patios, decking, stoops, porches, and accessory structures. MUNICIPAL PERMIT - Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. NATURAL DRAINAGE - The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL WATERCOURSE – The route farmed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED - An area of land which in its natural state and prior to any man- made change, and due to its topography and geology, drains to a particular location within that area. NATURAL PROTECTIVE FEATURE - A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. ONE-HUNDRED YEAR FLOOD PLAIN - The land area subject to the highest level of flooding that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one- percent chance of occurring each year), as said level is shown on the Federal Emergency Southold Town Meeting Agenda - March 27, 2007 Page 9 Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. RESPONSIBLE PARTY – Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this local law. SEDIMENTATION - The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SITE PREPARATION - The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STORMWATER RUNOFF - That part of precipitation that flows over the land surface. STRIPPING - The process of mechanically scraping away topsoil. STRUCTURE - Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. TOPSOIL – The uppermost layer of soil, usually the top 15-20 cm, it having the highest concentration of organic matter and microorganisms, and where most of the Earth’s biological soil activity occurs. § 236-5. This local law shall apply to all property within the Town of Southold, and shall govern: A. All grading, drainage and erosion control, whether or not a permit is required; B. All new or replaced impervious surface and all land disturbing activities, whether or not a permit is required; C. All discharges directly or indirectly to a highway or public right of way, public drainage control system, neighboring property, wetland or public waterway; and D. All new and existing land uses within the Town. § 236-6.Discharges. All discharges within the Town are subject to this subtitle unless explicitly exempted. Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. § 236-7. Prohibited Discharges. The following discharges are prohibited: Southold Town Meeting Agenda - March 27, 2007 Page 10 A. Discharges to public highways and rights-of- way. B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of this Town Code. C. Discharges from private properties to adjoining properties, without express permission. D. Discharges to public drainage control systems and networks, without express permission. E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. § 236-8. Requirements for all Stormwater Discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all run-off generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public Right-of-Ways. D. Maintaining and protecting Natural Drainage patterns. E. Maintaining and protecting Natural Watersheds. § 236-9 . Requirements for all Land Disturbing Activities or Impervious Surfaces. All land disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls, and shall be required to contain a 2” rain fall on site, even where a Drainage Control Permit is not required under this Chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard, either by the installation of gutters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. § 236-10. Activities Requiring a Drainage Control Permit. None of the following activities shall be undertaken until a Drainage Control Permit has been issued under the provisions of this local law. 1) Grading or stripping which affects more than five thousand (5,000) square feet of ground surface. 2) Excavation or filling involving more than two hundred (200) cubic yards of material within any parcel or any contiguous area. 3) Site preparation on slopes which exceed ten (10) feet of vertical rise to one hundred (100) feet of horizontal distance. 4) Site preparation within one hundred (100) feet of wetlands, beach, bluff or coastal erosion hazard area. 5) Site preparation within the one hundred (100) year floodplain of any watercourse. Southold Town Meeting Agenda - March 27, 2007 Page 11 The following activities shall be exempted from such review: 1) Minor clearing or excavation work not incident to a substantial change in the existing use of the land, which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved. 2) Emergency repairs on public or private objects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this local law as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emergency repairs. Following such an emergency situation, however, any approvals required by this local law shall be obtained. 3) Routine maintenance or repair work on public or private roads or utility line rights-of- way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. 4) Pervious structures, e.g., open decks, where the removal of topsoil allows for the recharge of groundwater. § 236-11. Compliance. Where a Drainage Control Permit is required by this Local Law, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved Erosion, Sedimentation and Stormwater Runoff Control Plan, and all other requirements of this local law. Where a Trustee permit, subdivision plat or site plan approval has been obtained and drainage has been addressed, the Building Inspector may consider such approval in satisfaction of these requirements, except that all development on individual lots in an approved subdivision shall remain subject to these requirements on an individual basis. § 236-12. Application Process. a) Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining compliance with this local law. Applicants that meet the threshold set forth above and require a Drainage Control Permit shall also submit an Erosion, Sedimentation and Stormwater Runoff Control Plan to the Building Inspector. b) Upon receipt by the Building Inspector of any application for a Drainage Control Permit to conduct any activity regulated by this law, the Building Inspector may refer the proposed Erosion, Sedimentation, and Stormwater Runoff Control Plan to the Town Engineering Department for comment and recommendation. No municipal permit that shall be issued for activities requiring a Drainage Control Permit, nor shall any Southold Town Meeting Agenda - March 27, 2007 Page 12 application therefor be deemed complete, until the Building Inspector has first issued its approval of the Erosion, Sedimentation and Stormwater Runoff Control Plan. c) Such plan may contain the following elements, which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: 1) A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (1) inch showing the relationship of the site to its general surroundings. 2) A plan of the site drawn to a scale of not less than one hundred (100) feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within five hundred (500) feet of the site boundary, including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five (5) feet where the slope is ten percent or greater and not more than two (2) feet where the slope is less than ten percent, soil characteristics, location of wooded areas, the depth to seasonal high watertable and a copy of the Soil Conservation District soil survey where available. 3) Location and description of proposed changes to the site and existing development on the site, which includes: a) all excavation, filling, stripping and grading proposed to be undertaken, identified as to the depth, volume, and nature of the materials involved; b) all areas requiring clearing, identified as to the nature of vegetation affected; c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; d) all temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; e) all temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including ponds, recharge and sediment basins (identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet); f) the anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all major points within the drainage system; g) the location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and h) the final contours of the site at intervals of no greater than two (2) feet. 4) A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the project including anticipated starting and completion dates. § 236-13. Performance Standards for Approval of Erosion, Sedimentation and Stormwater Runoff Control Plans. Southold Town Meeting Agenda - March 27, 2007 Page 13 a) The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topography, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize grading and cut and fill operations, ensure conformity with natural topography, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. b) Site grading, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of neighboring property owners and the general public. c) Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During grading operations, appropriate measures for dust control shall be undertaken. d) Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the NYS DEC SPDES Program in effect. e) Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. f) Site preparation, including stripping of vegetative cover and grading, shall be undertaken so that no individual building site is stripped of its vegetation cover more than thirty (30) days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration. g) Disturbed soils shall be stabilized and revegetated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins, berming, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. h) In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right of way attendant to an adjacent Town highway, at the applicant’s expense. i) During the construction period, disposal of stormwater runoff generated by development activity shall be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. j) All projects, regardless of the area of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along waterbodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. k) Natural land features such as shallow depressions shall be used, wherever possible, to collect stormwater on-site for recharge. l) Site designs shall minimize impermeable paving. m) Stormwater runoff shall not be directly discharged to surface waters, marshes and Southold Town Meeting Agenda - March 27, 2007 Page 14 wetlands. Stormwater pollutants shall not be discharged directly into a wetland, but shall be attenuated by using holding ponds, sedimentation basins, perimeter berming, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. n) All wetland vegetation shall be maintained. Dredging and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. o) Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. p) The elevation of a wetland shall not be altered. q) No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by grading, erosion, sedimentation, or direct removal of vegetation. r) Fill shall not encroach on natural watercourses, constructed channels, wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. s) Trails and walking paths along waterbodies shall be sited and constructed so they are not a source of sediment subject to the approval of the Board of Trustees. t) The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adjacent to coastal waters, storm water shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. u) Natural flood plains and major drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. v) No land having a slope equal to or greater than twenty (20) percent shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topography shall be retained To stabilize soils and reduce the volume of stormwater overflow. w) On lands having slopes of less than twenty (20) percent, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of neighboring properties, the development proposal shall not be approved as submitted. x) All permanent (final) vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith. Southold Town Meeting Agenda - March 27, 2007 Page 15 § 236-14. Approved Plans. Plans approved by the Building Inspector in conjunction with the issuance of a Drainage Control Permit shall also be filed with the County Clerk indicating that such plans are binding as against future purchasers, granting the Town permission to enter the property for compliance enforcement purposes, and containing a summary of the plan’s requirements. § 236-15. Variances. A variance may be granted by the Zoning Board of Appeals of the Town of Southold upon receipt of an application from a property owner which meets the criteria for an area variance set forth in §267-a of the Town Law. § 236-16. Inspection, Restoration, Certificate of Occupancy and Fines. a) Inspection Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this local law. b) Restoration. Any clearing, excavation or development of land in violation of this local law shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. c) Certificate of Occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done. d) Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this local law, or falsifying information in connection with the requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). Such person shall be deemed guilty of a separate offense for each day during which a violation of this local law is committed or continues. e) Enforcement. Southold Town Meeting Agenda - March 27, 2007 Page 16 The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this Chapter, and have the authority to issue violations of this Chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines, the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. II. 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. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-298 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-299 CATEGORY: Budget Modification DEPARTMENT: Community Development Community Development Budget Mod. RESOLVEDmodifies the Year 30 that the Town Board of the Town of Southold hereby Community Development Block Grant Budget, effective December 31, 2006, as follows: TO: Appropriations: CD.8660.V.004.002 Oysterponds Park Improvements $5,000 Revenues: CD.2701.00 Refund, Prior CD Project $5,000 Southold Town Meeting Agenda - March 27, 2007 Page 17 Vote Record - Resolution RES-2007-299 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-300 CATEGORY: Employment - Town DEPARTMENT: Police Dept Accept the Resignation of Christopher MacDowell As a Public Safety Dispatcher I In the Police Department RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Christopher MacDowell from the position of Public Safety Dispatcher I in the Police Department , effective March 14, 2007. Vote Record - Resolution RES-2007-300 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-301 CATEGORY: Budget Modification DEPARTMENT: Data Processing Data Processing Budget Modification RESOLVED modifies the 2007 General that the Town Board of the Town of Southold hereby Fund, Whole Town budget as follows: From: A.1680.4.200.100 Frame Relay $ 11,900.00 To: A.1680.4.200.300 Internet Service $ 6500.00 A.1680.4.200.200 Cell Phone Service 1400.00 A.1680.4.400.425 Router Maintenance 4000.00 Southold Town Meeting Agenda - March 27, 2007 Page 18 Vote Record - Resolution RES-2007-301 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-302 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification Supervisor RESOLVEDmodifies the General Fund that the Town Board of the Town of Southold hereby Whole Town 2007 Budget as follows: To: A.4010.4.400.600 Showmobile Rental $1,950.00 From: A.1990.4.100.100 Unallocated Contingencies $1,950.00 Vote Record - Resolution RES-2007-302 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-303 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Captain Martin Flatley to Attend Yearly FBINAA Training Conference From May 27 to May 30, 2007 In Cooperstown, NY RESOLVED grants permission to that the Town Board of the Town of Southold hereby Captain Martin Flatley to attend the yearly FBI National Academy's Training Conference in Cooperstown, New York, commencing Sunday, May 27 through Tuesday, May 29, 2007. All expenses for registration, travel and lodging to be a legal charge to the 2007 Police Budget training line (A.3120.4.600.200). Southold Town Meeting Agenda - March 27, 2007 Page 19 Vote Record - Resolution RES-2007-303 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-304 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Leukemia & Lymphoma Society and Bicycle Shows USA to Use the Following Roads and New Suffolk Beach for Its Bike-A-Thon on August 26, 2007 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Leukemia & Lymphoma Society and Bicycle Shows USA to use the following roads and New Suffolk Beach for its Bike-A-Thon on August 26, 2007 beginning at 6:30AM: Moore’s Lane, Sound View Avenue, Sound View Avenue Ext., and Chapel Lane, Greenport; Lighthouse Road, Soundview Avenue, Horton’ Lane, North Sea Drive, and Kenny’s Road, Southold; Mill Road, Peconic; Bridge Lane and Oregon Road, Cutchogue; Oregon Road, East Mill Road, Reeve Road, Grand Avenue, Wickham Avenue, Cox Neck Road, Bergen Avenue, and Sound Avenue, Mattituck; Peconic Bay Blvd. and Bay Avenue, Laurel; New Suffolk Avenue, Jackson Street, First Street, Orchard Street, and Fifth Street, New Suffolk; Village Lane, King Street, and Narrow River Road, Orient, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley, upon receipt of this resolution, to coordinate traffic control. Vote Record - Resolution RES-2007-304 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-305 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Southold Town Meeting Agenda - March 27, 2007 Page 20 Approve Annual MS 150 Twin Forks Bike Tour 9/16/07 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby National Multiple Sclerosis Society to use the following roads for its Annual MS 150 Twin Forks Bide Tour on September 16, 2007 : Soundview Avenue, Southold and Peconic; Mill Lane and Peconic Lane, Peconic; New Suffolk Road, New Suffolk; New Suffolk Avenue, Mattituck; Bay Avenue and Peconic Bay Blvd., Mattituck and Laurel, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley, upon receipt of a certified copy of this resolution, to coordinate traffic control. Vote Record - Resolution RES-2007-305 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-306 CATEGORY: Employment - Town DEPARTMENT: Accounting Amend Resolution 2007-258 - Jesse Wilson RESOLVEDamends resolution Number that the Town Board of the Town of Southold hereby 2007-258 to change the effective retirement date for Jesse Wilson from March 29, 2007 to March 31, 2007. Vote Record - Resolution RES-2007-306 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-307 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Southold Town Meeting Agenda - March 27, 2007 Page 21 Compost Product Pricing RESOLVEDconfirms prices for that the Town Board of the Town of Southold hereby products produced at the Southold Town Yard Waste Compost Facility as follows, for the year 2007: By Volume By Weight ?? Screened Leaf Compost: $10/cu. Yd $20/ton (<2000 lbs) $15/ton (>2000 lbs) ?? Unscreened Leaf Compost $ 7/cu. Yd $15/ton ?? Shredded Leaves $ 5/cu. Yd $10/ton ?? Screened Woodchip Mulch: $ 6/cu. Yd $20/ton (<2000 lbs) $15/ton (>2000 lbs) ?? Double Ground Woodchip Mulch $ 6/cu. Yd $20/ton (<2000 lbs) $15/ton (>2000 lbs) ?? Unscreened Woodchip Mulch FREE FREE (single-ground) ?? Commercial Delivery: Within Town of Southold: $75; Town of Southold + 15 miles: $125; Town of Southold + 15 – 40 miles: $150. These prices shall NOT impact the Free Mulch Program for Town residents. Vote Record - Resolution RES-2007-307 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-308 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Amend Stakeholder Resolution 283 RESOLVEDamends resolution #2007- that the Town Board of the Town of Southold hereby 283, adopted at the March 13, 2007 regular Town Board meeting to read as follows: WHEREAS, the Town Board of the Town of Southold intends to appoint stakeholders from each Hamlet to assist with the implementation of the 2005 Hamlet Study findings to further define a Southold Town Meeting Agenda - March 27, 2007 Page 22 vision statement for each Hamlet; to assist the Town in identifying and prioritizing short and long-term planning projects outlined in the Study; to identify funding resources available to accomplish identified projects; to solicit public and private partnerships to facilitate such projects and help disseminate information to all residents within the community; and it is therefore RESOLVED, that the Town Board of the Town of Southold hereby appoints the following members as Hamlet Stakeholders (additional stakeholder names may be added as needed): ORIENT: Jim Latham Vote Record - Resolution RES-2007-308 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-309 CATEGORY: Employment - FIFD DEPARTMENT: Accounting .Appoint James G. Traub to FIFD Fulltime Deckhand RESOLVEDappoints James G. Traub that the Town Board of the Town of Southold hereby to the position of a full time Deckhand for the Fishers Island Ferry District effective March 21, 2007, at a rate of $14.00 per hour. Vote Record - Resolution RES-2007-309 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-310 CATEGORY: Public Service DEPARTMENT: Town Clerk Grant Permission to the Fishers Island Community Center to Utilize Any Available Parking Spaces Southold Town Meeting Agenda - March 27, 2007 Page 23 Located In the Fishers Island Ferry District Overnight Parking Area At the End of Fox Lane RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Fishers Island Community Center to utilize any available parking spaces located in the Fishers Island Ferry District overnight parking area , situated at the end of Fox Lane on Fishers Island. Vote Record - Resolution RES-2007-310 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-311 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Fork/Southold Little League Baseball & Softball to UseTown Roads for Its Opening Day Parade on Saturday, April 28, 2007 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork/Southold Little League Baseball & Softball to use the following roads for its Opening Day Parade on Saturday, April 28, 2007, beginning at 11:30AM: Recreation Center parking lot, Peconic Lane and Carroll Avenue, Peconic provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley upon receipt of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-311 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-312 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Linda Randolph to the Position of Secretary to the Southold Town Tree Committee Southold Town Meeting Agenda - March 27, 2007 Page 24 RESOLVEDappoints Linda Randolph that the Town Board of the Town of Southold hereby to the position of Secretary to the Southold Town Tree Committee , effective immediately through December 31, 2007 not to exceed five (5) hours per week in addition to her regular 35 hour work week, regardless of the number of committees she serves. . Vote Record - Resolution RES-2007-312 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-313 CATEGORY: Public Service DEPARTMENT: Town Clerk Spring Clean-Up Grace Period April 14 Through May 13 and Highway Pick Ups Begin April 16 In Laurel RESOLVEDacceptance of that the Town Board of the Town of Southold hereby authorizes the residential leaves and brush at the Southold Town Compost facility, free of charge, for four (4) weeks in connection with the Spring Cleanup for the year 2007 starting Saturday, April 14, 2007, through Sunday, May 13 ; and be it FURTHER RESOLVED that the Town Board hereby extends the waiver of such fees to commercial entities carrying leaves and brush from residential properties (within the Town only) during that period; and be it FURTHER RESOLVEDSpring Cleanup will commence on that the Highway Department Monday, April 16, in LAUREL and end at ORIENT POINT ; and be it FURTHER RESOLVEDFishers Island Spring Cleanup will also commence on that the Monday, April 16, 2007. Southold Town Meeting Agenda - March 27, 2007 Page 25 Vote Record - Resolution RES-2007-313 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-314 CATEGORY: Budget Modification DEPARTMENT: Community Development Goldsmith Inlet Budget Mod RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Whole Town Budget as follows: From: A.1990.4.100.100 Unclassified Contingencies $46,000 To: A.1010.4.500.300 Town Board C.E. $46,000 Environmental Consultants Vote Record - Resolution RES-2007-314 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-315 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification FIFD RESOLVEDmodifies the 2006 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: TO: Appropriations: SM.5709.2.000.100 Repairs, Rental Buildings $4,005.00 Southold Town Meeting Agenda - March 27, 2007 Page 26 To: Revenues: SM.5990.00 Appropriated Fund Balance $4,005.00 Vote Record - Resolution RES-2007-315 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-316 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - FIFD RESOLVEDmodifies the 2006 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: TO: Appropriations: SM.5709.2 Repairs, Other $1,200.00 To: Revenues: SM.5990.00 Appropriated Fund Balance $1,200.00 Vote Record - Resolution RES-2007-316 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-317 CATEGORY: Employment - Town DEPARTMENT: Accounting Perm Status for Zachary Tomaszewski Tech Cord I RESOLVEDpermanently appoints that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - March 27, 2007 Page 27 Zachary Tomaszewski to the position of Technical Coordinator I from the Suffolk County Department of Civil Service Certification of Eligibles effective March 16, 2007 , salary to remain the same. Vote Record - Resolution RES-2007-317 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-318 CATEGORY: Budget Modification DEPARTMENT: Data Processing Data Processing Budget Modification RESOLVED modifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: From: A.1680.4.400.350 A/S 400 Maintenance $631.00 To: A.9901.9.000.100 Trans. To Capital Fund $631.00 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 Capital Fund budget as follows: To: Revenues: H.5031.10 Interfund Transfers $631.00 Appropriations: H.1680.2.200.200 Computer Server Upgrade $631.00 Vote Record - Resolution RES-2007-318 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - March 27, 2007 Page 28 2007-319 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set Tuesday, April 10, 2007, At 7:55 P.M., Southold Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of an Open Space Conservation Easement on Property Owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Tuesday, April 10, 2007, at Town Code, the Town Board of the Town of Southold hereby sets 7:55 p.m. , Southold Town Hall, 53095 Main Road, Southold, New York as the time and place public hearing for the purchase of an open space conservation easement on property for a owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber . Said property is identified as SCTM #1000-54-5-55.1. The address is 445 Dogwood Lane, Southold, New York, and is located on the westerly side of Dogwood Lane approximately 444 feet from the intersection of Dogwood Lane and Kenney’s Road in Southold in the R-40 zoning district. The proposed acquisition is for a conservation easement and is approximately 0.2 acre (subject to survey). A conservation easement on this property has been offered for sale to the Town of Southold. The purchase price is $2,500.00 (two thousand five hundred dollars). The easement will be acquired using Town open space funding. The easement has been offered to the Town at below fair market value, and the seller may claim a bargain sale. The purchase of this conservation easement will contribute to natural resource and wetland protection, will retain scenic open space, and will reduce residential density in an environmentally sensitive area. 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 reviewed the acquisition and have determined that the property is eligible for the transfer of a sanitary flow credit; however, the landowner has requested that this transfer not take place so therefore sanitary flow credits will not be transferred from this property. Southold Town Meeting Agenda - March 27, 2007 Page 29 FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2007-319 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-320 CATEGORY: Budget Modification DEPARTMENT: Engineering Orient Causeway Study RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby budget as follows: From: A. 1990.4.100.100 Unallocated Contingencies $ 5,000.00 To: A. 1010.4.600.710 Orient Causeway Study $ 25,000.00 A. 4597.10 Federal Aid - ISTEA Grant $ 20,000.00 Vote Record - Resolution RES-2007-320 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - March 27, 2007 Page 30 2007-321 CATEGORY: Budget Modification DEPARTMENT: Engineering Interpretive Signage Project Bodget Modification RESOLVEDmodifies the 2007 that the Town Board of the Town of Southold hereby General Fund Whole Town budget as follows: To: Appropriations: A. 1010.4.600.720 Interpretive Signage Project $45,000.00 Revenues: A. 4597.20 Interpretive Signage - T 21 $6,000.00 From: Appropriations: A. 1990.4.100.100 Unallocated Contingencies $9,000.00 Vote Record - Resolution RES-2007-321 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-322 CATEGORY: Authorize to Bid DEPARTMENT: Engineering Interpretive Signage Project RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for an RFP for Professional Design Services in connection with the Design and Scoping for Phase 1 of a Project entitled Interpretive Information Project - Interpretive Signage & Facilities - DOT Pin #: 0758.90. Southold Town Meeting Agenda - March 27, 2007 Page 31 Vote Record - Resolution RES-2007-322 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-323 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Mini Bus Driver RESOLVEDappoints John R. Murphy that the Town Board of the Town of Southold hereby to the position of part-time Mini-Bus Driver for the Department of Human Services, for 17½ hours per week, effective April 2, 2007, at a rate of $12.11 per hour. Vote Record - Resolution RES-2007-323 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-324 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation NYS Ag & Mkts Contract C800606 Extension of Time RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an amendment to the New York State Department of Agriculture and Markets Contract No. C800606 to extend the term of the contract due to expire on March 31, 2007 to July 31, 2007 , in connection with an awarded Agricultural and Farmland Protection Implementation Grant in the amount of $1,200,000, all in accordance with the approval of the Town Attorney. Southold Town Meeting Agenda - March 27, 2007 Page 32 Vote Record - Resolution RES-2007-324 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-326 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Asphalt Bids RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for various road treatment bids for the calendar year 2007 . Vote Record - Resolution RES-2007-326 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-327 CATEGORY: Seqra DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain Nelson, Pope & Voorhis, LLC to Perform a SEQRA Review for Goldsmith Inlet, Pursuant to Their Proposal Dated February 26, 2007 RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain Nelson, Pope & Voorhis, LLC to perform a SEQRA review for Goldsmith Inlet, pursuant to their Proposal dated February 26, 2007 , at a cost not to exceed $46,000.00, subject to the approval of the Town Attorney and the Department of State. Vote Record - Resolution RES-2007-327 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - March 27, 2007 Page 33 2007-328 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Cornell/Klipp Park - Boat Docking RESOLVEDpermission to that the Town Board of the Town of Southold hereby grants Cornell Cooperative Extension to dock its workboat, “Shell Star”, at Norman Klipp Park, to facilitate the large-scale bay scallop spawner sanctuary project that Cornell Cooperative Extension is conducting in Orient Harbor. Vote Record - Resolution RES-2007-328 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-329 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Town Clerk PH 4/10/07 7:50 Pm Amend Resolution 281 RESOLVEDamends resolution #2007- that the Town Board of the Town of Southold hereby 281, adopted at the March 13, 2007 regular Town Board meeting: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, April 10, 2007, at 7:50 p.m., hereby Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah’s Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is Southold Town Meeting Agenda - March 27, 2007 Page 34 accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town’s Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Vote Record - Resolution RES-2007-329 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-330 CATEGORY: Employment - Town DEPARTMENT: Public Works Southold Town Meeting Agenda - March 27, 2007 Page 35 Part-Time Custodian RESOLVEDappoints Scott Kessler to that the Town Board of the Town of Southold hereby the position of Part-time Custodian for the Department of Public Works, effective March 28, 2007, at a rate of $16.11 per hour. Vote Record - Resolution RES-2007-330 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-331 CATEGORY: Budget Modification DEPARTMENT: Accounting Budget Modification-Reappropriate Dept of State Gr RESOLVEDmodifies the 2007 General that the Town Board of the Town of Southold hereby Fund Whole Town budget as follows: To: Revenues: A.3089.80 NYS Dept. of State Grants $64,554.81 To: Appropriations: A.8020.4.400.100 Planning, C.E., Contracted Services Cornell Cooperative Extension Southold Creek LWRP Implementation $ 37,963.84 A.8020.4.400.200 Planning, C.E., Contracted Services Cornell Cooperative Extension Stormwater Management Plan 26,590.97 Vote Record - Resolution RES-2007-331 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - March 27, 2007 Page 36 2007-332 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk Wind Energy LL PH WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 13th day of March, 2007 a Local Law entitled relation to Wind Energy Systems for Agricultural Uses” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on 24th day of April, 2007 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Wind Energy Systems for The proposed Local Law entitled, Agricultural Uses” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Wind Energy Systems for Agricultural A Local Law entitled, Uses” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board of the Town of Southold finds it appropriate to encourage the development of small wind energy systems attendant to bona fide agricultural uses, and to provide standards for such systems. The overriding goal of this local law is to promote the reduction of on-site consumption of utility power for such uses, while protecting . from any adverse effects of such systems II. Chapter 280 of the Code of the Town of Southold is hereby amended, as follows: § 280- 4. Definitions. B. Southold Town Meeting Agenda - March 27, 2007 Page 37 SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. ARTICLE III Agricultural-Conservation (A-C) District and Residential R-80, R-120, R-200 and R-400 Districts § 280-13. Use Regulations. A. Permitted Uses. (5) Small wind energy systems on parcels greater than seven (7) acres in size, which parcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standards provided in Chapter 277 of this Town Code. III. A new Chapter 277 of the Code of the Town of Southold is hereby adopted, as follows: § 277-1. Definitions. SMALL WIND ENERGY SYSTEM -- A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. TOWER HEIGHT – The height above grade of the fixed portion of a tower that is part of a small wind energy system, exclusive of the wind turbine. § 277-2. Application. Applications for small wind energy systems shall be submitted to the Town of Southold Building Department and shall include: a. Name, address, telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant. b. Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner (i) confirming that the property owner is familiar with the Southold Town Meeting Agenda - March 27, 2007 Page 38 proposed applications and (ii) authorizing the submission of the application. c. Address of each proposed tower site, including tax map section, block and lot number. d. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system. e. A plot plan at 1’ = 100’ scale depicting the limits of the fall zone distance from structures, property lines, public roads and projected noise levels decibels (DBA) from the small wind energy system to nearest occupied dwellings. f. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code. g. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant’s intent to install an interconnected customer- owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid. §277-3. Development standards. a. Tower Height. Tower height shall not exceed one-hundred twenty (120) feet. To prevent harmful wind turbulence to the small wind energy system, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a 250 foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure. b. Set-backs. Notwithstanding the provisions of the Bulk Schedule, the following standards shall apply to Small Wind Energy Systems: i. A small wind energy system shall be set back from a property line a distance no less than the total height of small wind energy system plus ten (10) feet. ii. No part of the wind system structure, including guy wire anchors, may extend closer than ten (10) feet to the property boundaries of the installation site. iii. A small wind energy system shall be set-back from the nearest public road a distance no less than the total height of the small wind energy system, plus ten (10) feet, and in no instance less than one hundred (100) feet. c. Noise. Small wind energy systems shall not exceed 60 DBA, as measured at the Southold Town Meeting Agenda - March 27, 2007 Page 39 closest neighboring inhabited dwelling at the time of installation. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms. d. Approved Wind Turbines. Small wind turbines must have been approved under the small wind certification program recognized by the American Wind Energy Association and/or NYSERTA. e. Compliance with Uniform Building Code. Building permit applications for small wind energy systems shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer. f. Compliance with National Electric Code. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer. g. Compliance with FAA Regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the code of Federal Regulations regarding installations close to airports. h. Utility Notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement. §277-4. Construction standards. a. Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration. b. The system’s tower and blades shall be a non-reflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate non-reflective surfaces to minimize any visual disruption. c. All on-site electrical wires associated with the system shall be installed underground except for “tie-ins” to a public utility company and public utility company transmission poles, towers and lines. Southold Town Meeting Agenda - March 27, 2007 Page 40 d. The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system. e. At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. f. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower’s manufacturer’s logo may be displayed on a system generator housing in an unobtrusive manner. g. Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access: i. Tower-climbing apparatus located no closer than 12 feet from the ground. ii. A locked anti-climb device installed on the tower. iii. A locked, protective fence at least six feet in height that encloses the tower. h. Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any above-ground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground. i. All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer. §277-5. Fees. a. The Building Department fee for small wind energy system applications shall be $250.00. §277-6. Abandonment of Use. All small wind energy systems which are not used for twelve (12) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Building Department. §277-7. Enforcement; Penalties and Remedies for Violations. Southold Town Meeting Agenda - March 27, 2007 Page 41 A. The Town Board shall appoint such Town Staff or outside consultants as it sees fit to enforce this Article. Notwithstanding such appointment, the Building Inspector, Code Enforcement Officer and Town Attorney shall have authority to enforce this Article. B. Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy conversion facility or wind monitoring tower in violation of this Article or in noncompliance with the terms and conditions of any permit issued pursuant to this Article, or any order of the enforcement officer, and any agent who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $1000.00 or to imprisonment for a period of not more than 30 thirty days, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $1000.00 for each violation and each week said violation continues shall be deemed a separate violation. C. In case of any violation or threatened violation of any of the provisions of this Article, including the terms and conditions imposed by any permit issued pursuant to this Article, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act. IV. SEVERABILITY. Should any provision of this Local Law be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Local Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. V. EFFECTIVE DATE. This Local Law shall be effective upon its filing with the Secretary of State in accordance with the Municipal Home Rule Law. Vote Record - Resolution RES-2007-332 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-333 CATEGORY: Planning DEPARTMENT: Town Clerk Send LL Wind Energy to SCPD & PB Southold Town Meeting Agenda - March 27, 2007 Page 42 RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward a copy of the proposed Local Law entitled “A Local Law in relation to Wind Energy Systems for Agricultural Uses” to the Suffolk County Planning Department and the Southold Town Planning Board for their review and recommendations/comments. Vote Record - Resolution RES-2007-333 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-334 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Planning Director Advertise RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Planning Board to advertise for the position of Town Planning Director in the Southold Town Planning Department on the American Planning Association’s Job Mart website, and be it further RESOLVEDauthorized and directed to advertise in the Suffolk that the Town Clerk be Times. Vote Record - Resolution RES-2007-334 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-335 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Clerk Southold Town Meeting Agenda - March 27, 2007 Page 43 TDR Nelson, Pope Voorhis RESOLVEDretains Nelson, Pope and that the Town Board of the Town of Southold hereby Voorhis to provide professional planning services in connection with a TDR program pursuant to their proposal dated March 13, 2007 in an amount not to exceed $16,900, subject to the approval of the Town Attorney. Vote Record - Resolution RES-2007-335 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-336 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA Merger Law LL RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Amendments to the Merger Law” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as a lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 27, 2007 and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-336 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-337 CATEGORY: Seqra DEPARTMENT: Town Attorney Southold Town Meeting Agenda - March 27, 2007 Page 44 SEQRA Calculation of Lot Coverage LL RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Amendments to the Calculation of Lot Coverage of Buildable Land” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as a lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 27, 2007 and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith. Vote Record - Resolution RES-2007-337 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-338 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Merger WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of February, 2007, a Local Law entitled “A Local Law in relation to Amendments to the Merger Law” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now, therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, “A Local Law in relation to Amendments to the Merger Law” reads as follows: LOCAL LAW NO. 9 of 2007 A Local Law entitled, “A Local Law in relation to Amendments to the Merger Law”. BE IT ENACTED by the Town Board of the Town of Southold as follows: Southold Town Meeting Agenda - March 27, 2007 Page 45 I.Purpose – The Town Board has received substantial public comment to the effect that the Town of Southold merger law, as currently constituted, unfairly subjects surviving spouses and other joint owners of property to the loss of the single and separate status of their adjoining properties merely by the death of one such joint owner. Insamuch as the Town Board believes this result is unjust and not the intended consequence of the merger law, it believes it necessary to provide for a limited exception to the merger of such properties. II.Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: § 280-10. Merger. A. Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of 50 feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common ownership" shall mean that the parcel is held by the same person in the same percentage of ownership as an adjoining parcel. C. Exceptions. Lots which are recognized under § 280-9 and meet any of the following categories shall be exempt from the merger provision set forth above and shall not be deemed merged by operation of this chapter: (1) The nonconforming lot has a minimum size of 40,000 square feet, or (2) The nonconforming lot obtained a lot size variance from the Zoning Board, or (3) If the lot is not on the maps described in former § 100-12, Editor's Note: Former § 100- 12, Exceptions, was repealed 11-28-1995 by L.L. No. 23-1995, effective January 1, 1996. the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or (4) If the lot is on the maps described in former § 100-12, the nonconforming lot has been held in single and separate ownership from January 1, 1997, to date, [Amended 3-4- 1997 by L.L. No. 4-1997] or. (5) Each lot is currently developed with a one-family dwelling with a minimum 850 square feet which falls within the existing lot lines and which has a certificate of occupancy or would qualify for one, [Added 3-4-1997 by L.L. No. 4-1997] or. (6) The lots would be considered merged merely by operation of law as a result of the death of a co-owner of one or more of the adjoining lots, the lots are greater than 20,000 square feet, and the lots remain in the ownership of the surviving co-owner. Southold Town Meeting Agenda - March 27, 2007 Page 46 III.SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-338 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-339 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Calculation of Lot Coverage WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 27th day of February, 2007 a Local Law entitled relation to Amendments to the Calculation of Lot Coverage of Buildable Land ” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed “A Local Law in relation to the Calculation of Lot Coverage of Local Law entitled, Buildable Land” reads as follows: LOCAL LAW NO. 2007 Southold Town Meeting Agenda - March 27, 2007 Page 47 “A Local Law in relation to the Calculation of Lot Coverage of A Local Law entitled, Buildable Land” . BE IT ENACTED by the Town Board of the Town of Southold as follows: IV. Purpose – In order to provide for the health, safety and welfare for the citizens of the Town of Southold, the Town Board finds it expedient to amend the Town Code so that the calculation of permissible lot coverage on an individual parcel shall first exclude lands that have . been deemed unbuildable by our local laws from an environmental perspective V. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. LOT COVERAGE – That percentage of the buildable lands existing on a lot area which is covered by the building area. BUILDABLE LANDS – The area of a lot or parcel, not including the square footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary dunes, or underwater lands. The terms “wetlands,” beaches,” “bluffs,” and “underwater lands” shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms “coastal erosion hazard area line,” “primary dunes” and “secondary dunes” shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Area, of the Town Code. BUILDABLE LAND – The net area of a lot or parcel after deducting wetlands, streams, ponds, slopes over 15%, underwater land, easements or other restrictions preventing use of such land for construction of buildings or development. VI. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Southold Town Meeting Agenda - March 27, 2007 Page 48 Vote Record - Resolution RES-2007-339 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell VIII. PUBLIC HEARINGS 1. Set a PH for a Local Law In Relation to Amendments to the Merger Law for 3/27/07 At 4:45 PM 2. Set PH LL Buildable Lot Coverage 3/27/07 At 4:50 PM