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Home My WebLink AboutTB-03/27/2007 ELIZABETH A. NEVILLE gOFFO(,t Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS ~ ~ Fax (631) 765-6145 MARRIAGE OFFICER ~'of ,F ,gad' Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES March 27, 2007 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, March 27, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert ICrupski Jr. Town of Southold Councilman Present William P. Edwards Town of Southold Councilman Present Daniel C. Ross Town of Southold Councilman Present Thomas H. Wickham .Town of Southold 'Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold 'Supervisor Present Elizabeth A Neville Town of Southold Town Clerk Present Patricia A Finne an Town of Southold Town Attorme Present I. Reports 1. Program for the Disabled Februazy 2007 2. Island Group Claim Lag Report 3/1/06 - 2/28/07 3. Justice Evans Februazy 2007 4. Justice Price Februazy 2007 Page 1 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes 5. Board of Trustees Februazy 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 yeazs maintenance and sand dischazge 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 4. 10:30 AM -Richard Zuckerman, Esq. Page 2 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes 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 I1. Hamlet Stakeholders' Kick-Off 12. Heritage Community Meeting Update Supervisor Russell 13. 2:30 P.M. Executive Session -Personnel Kazen 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. 280-1OC(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 Page 3 March 27, 2007 Southold Town Board Board Meeting Minutes 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 Methuen VI. Minutes Aanroval 1. Tuesday, Mazch 13, 2007 VII. Resolutions 1. Statement SUPERVISOR RUSSELL: Welcome to the Mazch 27`h regulaz meeting of the Southold Town Boazd. Please rise and join with me in the pledge of allegiance to the flag. Before we get the meeting underway, I want to take caze of some formality. Like I told you, I didn't think you guys would show up in uniform. I guess you are taking this drainage code pretty seriously. I want to hand out some proclamations. We have some heroes among us today, members of the Mattituck Fire Department. I will read the first proclamation so you will have an understanding of what they did. Upon learning that there may be a man inside a burning home and without concern for personal safety, these brave firefighters battled heavy flames to enter the home and remove an unconscious adult from the premises and got him ambulance caze and got him to a medical facility. Essentially these fine people went into a burning home to save a man's life. And I am here tonight to bring them all forwazd, if I can have Steve, Judd, Greg, Greg and Chris, we have five guys tonight. Bring them up. WHEREAS the intervention of firefighters and rescue personnel can literally make the difference between life and Page 4 Mazch 27, 2007 Southold Town Board Boazd Meeting Minutes death in many emergency situations; and WHEREAS the Town Board, on behalf of the residents of Southold Town, wishes to particularly honor firefighters STEVEN CLEARY, JUDD LINCOLN, GREG SIMMONS, GREG ZUHOSKI and CHRIS METHVEN who, along with other members of the Mattituck Fire Depart-ment, responded to a life threatening fire on February 5, 2007; and WHEREAS upon learning that there may be a man inside the burning home, and without concern for personal safety, these brave fire-fighters battled heavy flames to enter the home and remove the unconscious victim to a waiting ambulance; now, therefore, be it RESOLVED : that the Town Board of the Town of Southold wishes to recognize STEVEN CLEARY, JUDD LINCOLN, GREG SIMMONS, GREG ZUHOSKI and CHRIS METHVEN for their quick thinking and heroic actions, and we wish to express our sincere appreciation for their service to their community and the residents of Southold Town. DATED March 27, 2007 Supervisor Scott A. Russell Councilman Thomas H. Wickham Councilman William P. Edwards Councilman Daniel C. Ross Councilman Albert J. Krupski, Jr. Justice Louisa P. Evans Town Clerk Elizabeth A. Neville And that is from myself and all of the Town Board members up here. We just want to say thank you and congratulations to all of you for being a hero and shining example For all of us. And to the fire department and every fire department out here, certainly there are heroes among us. Thank you very much. UNIDENTIFIED: Scott had given me a call to find out a little bit about what had happened at the fire and I filled him in and I will just give you a brief synopsis. We were called to a fire on February Soh, 2007 and upon arriving found out that there was a possibility of a victim inside. These five gentlemen went around to the back of the building and without any regard for their own safety, went into the building, pulled him out. The entire front of the building was completely covered in flames, the entire home was filled with smoke and like I said, without any regard for their own safety, went in and brought this gentleman out of the house, to his safety, to an awaiting ambulance where he was then transferred to a hospital to receive treatment and from what I understand is doing well. So they went above and beyond the call of duty without any Page 5 Mazch 27, 2007 Southold Town Board Board Meeting Minutes doubt. Definitely saved a man's life that day. SUPERVISOR RUSSELL: Did you get the fireman of the year last yeaz? Like plebe of the year? You jump into the game early, don't you? You guys aze half my age and you are heroes. Congratulations to all of you. NICHOLAS TSOUNIS: My name is Nicholas Tsounis. That man who was in that house, that man was my father. You saved my father's life. And I want to thank you all for doing that and the Tsounis family all thanks the fire department, all you gentlemen, for saving my father's life. SUPERVISOR RUSSELL: Would anyone like to come before the Town Board and address any item as it appeazs on the agenda? Mrs. Egan. JOAN EGAN: Good evening, Joan Egan, East Marion. Again, I say it is a hazd act to follow but we will try. Since this is probably the last meeting before Passover and Easter, I wish the Jewish community and the Christian community all god bless. Did not get the new agenda. No excuse. This happens too ofren. It is wrong, okay? I wrote a letter to the paper about it. That is fine. Now, this drainage, you know, I truly don't know, except the people who aze really involved in it that it is necessary to put this all on the agenda. And again, I say, this is all very important, I have been in meetings here where it was addressed and the same thing which my letter addressed last week. You need at least, at least one more code enforcer. There is water coming up all over, the drainage out here in eastern Long Island is shot. 207-298, what is that all about? SUPERVISOR RUSSELL: Budget modifications from our community development fund that is for improvements for the Oyster Ponds park. We have a maintenance agreement with the Oyster Ponds school district for improvements to the community pazk out there and that would be for fencing... MS. EGAN: Is that the new baseball park out there? SUPERVISOR RUSSELL: Yeah it is the... MS. EGAN: Which never should have happened but it is a done deed. SUPERVISOR RUSSELL: Well, this will cover, we have some fencing and some other repairs to do out there. We have people driving up on to that playground. We are looking to put a fence along to stop that and some other improvements. MS. EGAN: Yep, yep. And it is just another place where they can pass drugs. And the police can't cover it. Now, item 2007-299, another public dispatcher. Is he retiring or... SUPERVISOR RUSSELL: He actually was one of the provisional hires that when we hired several police dispatchers over the past several months. He was on probation. He had decided that the job wasn't for him and he had actually tendered his resignation to us because I think he wanted to move on to a field or a profession that was more suitable to his liking. Page 6 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes MS. EGAN: Even though we had increased their salary through the union, they can get better jobs, better money. Now I spoke to Mr. McMahon this morning that our, speaking about police, that our flag pole, he prematurely last fall took out a lot of the flowers that I personally laid out money for so what I suggested to him is that he put in some permanent, small greenery around the pole. So it always looks nice and then you can add a little flowers and I will do some of that, so I hope that gets done. Oh, item 302, that is again police. Captain Flatley, who did take the FBI course is getting, I guess, a refresher course, from the FBI and that is great. I notice a lot of turnover, item 2007-305, I notice there is a lot of turnover in this agenda for the accounting department. SUPERVISOR RUSSELL: This was actually a resolution that was delivered to us from the accounting department but it is actually for a worker from the landfill. That is Jesse Wilson. That is his retirement from his position down there. He was the public servant of the year this past yeaz. MS. EGAN: He was what? SUPERVISOR RUSSELL: He was the public servant of the year by the Suffolk Times. MS. EGAN: Oh. So what is he going to be doing now? SUPERVISOR RUSSELL: Enjoying retirement, enjoying grandchildren and I imagine doing some gazdening and playing some golf. MS. EGAN: Oh. We aze replacing him? SUPERVISOR RUSSELL: There is no replacing Jesse but will we be employing someone in his stead? Likely. MS. EGAN: Good. Oh, item 2007-307, this whole amendment has caused quite a stir all over the different hamlets. Everybody cried and cried that you wanted affordable housing and now you are appointing somebody else, I see, right? SUPERVISOR RUSSELL: I think this is just a corrective resolution to correct some of the language of the resolution that was already adopted by this Board on Mazch 13`h. Okay. And we aze adding Jim Latham to Orient stakeholders. MS. EGAN: In other words, you are taking Joe Townsend off, who is on the Planning Board? SUPERVISOR RUSSELL: He is still on the stakeholders, he, I believe is an East Marion stakeholder. He is one original stakeholders. MS. EGAN: He is East Mazion. Yeah. Well, Page 7 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes SUPERVISOR RUSSELL: When we created these, again, we recognized that these memberships would probably be somewhat fluid. Some people would be leaving, some people would be coming on board as we went along the process. MS. EGAN: Yeah. Well, it has caused quite a stir where I live in East Mazion. There are a number of people who are very strongly objecting to the projection of Rocky Point Road. Oh, item, 2007-310. You know, I stopped smoking and I have a worse cough now. Now you have two officers going to, going away. To the best of my knowledge, Police Officer William Brewer is an officer in chazge of the youth and you have, I think, Police Officer SUPERVISOR RUSSELL: Hudock. MS. EGAN: Hudock? SUPERVISOR RUSSELL: Brewer and Hudock aze our juvenile... MS. EGAN: How come Sergeant Santacroce is going? SUPERVISOR RUSSELL: He would be their Sergeant, I suppose. MS. EGAN: Hmm? SUPERVISOR RUSSELL: Sergeant Santacroce had been active, he had been the juvenile officer for several yeazs. MS. EGAN: When? SUPERVISOR RUSSELL: He taught the DARE program probably a decade ago. MS. EGAN: Oh, yeah. So how come he is going now and not Hudock? SUPERVISOR RUSSELL: I don't know. That was an assignment that was given to us by the police department, I am not going to.. MS. EGAN: You don't buck them. SUPERVISOR RUSSELL: No, he is a sergeant, he is probably the sergeant to those two officers and he, you know... MS. EGAN: Well, these little trips costa ]ot of money. Item 317, what is that about? SUPERVISOR RUSSELL: That is an employee who had been working provisionally for the past yeaz, he has passed the civil service exam for the position he has been working in and that is a formality, by making him a permanent employee at the position of Technical Coordinator I. MS. EGAN: Good. Okay. This is important, 320, on that Orient causeway. I don't know what Page 8 March 27, 2007 Southold Town Board Board Meeting Minutes in god's name you are going to be able to do there. Item 320. I don't see why we need another study. SUPERVISOR RUSSELL: That study has already been done. This is merely an accounting procedure to pay for that study. When it is all said and done, with grants that are attributable to that study, our net cost at the Town level is going to be well under $5,000. MS. EGAN: Oh, well that is good. Oh, item 322, now is this in regard to, because I do notice, I think the last time when I was here I asked about it again and you were going to, you said there would be a flashing light by Greenport and Mattituck. It hasn't happened. Is that what this is about? SUPERVISOR RUSSELL: No, this is actually an initiative by the Transportation Committee, that would bring some clarity to the commercial signage in Southold Town. It would be something that, in other words, to beautify the Town from the clutter of all the different kinds of signs that aze out there. This is trying to bring a standard to signage, so that if you are a tourist, you would be able to find the restaurants, the, whatever our offerings are. Wineries, etc. with a little bit more ease and without the blight or the clutter of the landscape right now with signage. MS. EGAN: Good luck. SUPERVISOR RUSSELL: Yeah. MS. EGAN: Oh, now we have another change at the Human Resource Center? Another driver. 823? Too many changes there, as far as I am concerned. Now I think I passed over it, but I did want to mention it. I think it was in here someplace about, from the landfill, or maybe it was on the agenda I picked up the other day, about the getting you know, you know, the gray stuff there that is in the back for cultivating and the like. Wasn't that on one of the agendas? SUPERVISOR RUSSELL: Not today, not to my knowledge. MS. EGAN: No, not today. The other day, the one I got yesterday. Well, so be it. I'll check it out. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody like to address the Town Board on any issues on the agenda? I see some faces here, I know some people are here for the drainage code. I know some people aze here for the lot merger provision law. We will have public hearings for those later to address them, to address those specific. But if anybody wants to address on any of the other items on the agenda. (No response) Okay, let's move forward. 2007-295 CATEGORY.• Audit DEPARTMENT.• Town Clerk Audit 3/27/07 Page 9 March 27, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the Town Boazd of the Town of Southold hereby approves the audit dated March 27.2007. ~ Vote Record -Resolution RES-2007-295 Yes/Aye No/Nay Abstain Absent 8 Adopted Albert Krupski Jr Voter ® ? ? ? ? Adopted as Amended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross Voter 0 ? ? ? ? Tabled Thomas H. Wickham Seconder 8 ? ? ? ? Withdrawn Louisa P. Evans Initiator 0 ? ? ? Scott Russell Voter 0 ? ? ? 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 - Resolutioo RES-200'7-296 Yes/Aye NoMay Abstain Absent ® Adopted Albert Krupski Jr. Voter 0 ? ? ? ? Adopted as Amended Wdham P. Edwards Voter D ? ? ? ? Defeated Daniel C. Ross Voer ® ? ? ? ? Tabled Thomas H. Wickham Seconder ® ? ? ? ? Withdrawn Louisa P. Evans Initiator 0 ? ? ? Scott Russell Voter 0 ? ? ? 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 Boazd of the Town of Southold, Suffolk County, New York, on the 30th day of January, 2007 a Local Law entitled "A Local Law in relation to Stormwater. Gradin¢ and Drainage Control" and WHEREAS the Town Boazd 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 Page 10 Mazch 27, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Stormwater, Gradine and Drainaee Control" which reads as follows: LOCAL LAW N0.9 of 2007 A Local Law entitled, "A Local Law in relation to Stormwater, Gradine and Drainaee Control". BE IT ENACTED by the Town Boazd of the Town of Southold as follows: I. Anew 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 vaziance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of vaziances 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 aze 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. Page 11 March 27, 2007 Southold Town Board Board Meeting Minutes § 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 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, pazking 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 weazing away of land as a result of the action of natural forces or man-related activities. Page 12 March 27, 2007 Southold Town Boazd Board Meeting Minutes 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 afrer 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. 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 Dischazges shall include but not be limited to dischazge 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, cleaning 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. Page 13 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes NATURAL PROTECTIVE FEATURE - A neazshore 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 aone- percent chance of occurring each yeaz), as said level is shown on the Federal Emergency 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 neaz 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, cleazing, 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 Eazth'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. Page 14 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes All dischazges within the Town aze 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 aze prohibited: 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. Dischazges to public drainage control systems and networks, without express permission. E. Dischazges of illicit liquids to any of the azeas 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 temporazy 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 standazd, 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) squaze feet of ground Page 15 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes 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. 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 boundazies 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, open decks, where the removal of topsoil allows for the rechazge 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 Page 16 March 27, 2007 Southold Town Board Board Meeting Minutes 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 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 Page 17 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes 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 Standazds for Approval of Erosion, Sedimentation and Stormwater Runoff Control Plans. 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, temporazy 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 prepazation 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, rechazge 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 similaz measures shall be used to contain soil erosion on the site. Page 18 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes j) All projects, regazdless of the azea of groundwater removal and/or grading, shall retain a natural vegetative buffer zone along waterbodies, including wetlands and mazshes, if one is imposed by the Boazd 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. 1) Site designs shall minimize impermeable paving. m) Stormwater runoff shall not be directly dischazged to surface waters, mazshes and 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 dischazged 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 Boazd 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 similaz surfaces within these azeas 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 Boazd of Trustees shall be permitted. Natural vegetation and topography shall be retained To stabilize soils and reduce the volume of stormwater overflow. Page 19 March 27, 2007 Southold Town Board Board Meeting Minutes 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. § 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. Vaziances. 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 cleazing, 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. Page 20 Mazch 27, 2007 Southold Town Board Board Meeting Minutes Any responsible party undertaking cleazing, 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 sepazate offense for each day during which a violation of this local law is committed or continues. e) Enforcement. 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 Boazd 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 Secretazy of State as provided by law. ~ Vote Record - Resolution RES-2007-298 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Voter 0 ? ? ? ? Adopted as Amended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross Voter 0 ? ? ? ? Tabled Thomas H. Wickham Seconder ® ? ? ? ? W i[hdmwn Louisa P. Evans Initiator m ? ? ? Scott Russell Voter 0 ? ? ? 2007-299 CATEGORY.• Budget Modification DEPARTMENT.• Community Development Community Development Budget Mod. RESOLVED that the Town Board of the Town of Southold hereby modiTes the Year 30 Community Development Block Grant Budeet, effective December 31, 2006, as follows: TO: Appropriations: Page 21 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes CD.8660.V.004.002 Oysterponds Park Improvements $5,000 Revenues: CD.2701.00 Refund, Prior CD Project $5,000 ? Vote Record -Resolution RES-2007-299 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Seconder 0 ? ? ? ? Adop[ed as Amended WilliamP Edwards Initiator 0 ? ? ? ? Defeated Daniel C. Ross Voter 8 ? ? ? ? Tabled Thomas H. Wickham Voter 0 ? ? ? ? W i[hdrawn Louisa P. Evans Voter 8 ? ? ? Scott Russell Voter 0 ? ? ? 2007-300 CATEGORY.• Employment -Town DEPARTMENT.• Police Dept Accept the Resignation of Christopher MacDowell As a Public Safety Dispatcher Iln the Police Department RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Christopher MacDowell from the position of Public Safety Dispatcher I in the Police Deaartment, effective Mazch 14, 2007. ? Vote Record -Resolution RES-2007-300 Yes/Aye No/Nay Abstain Absent m Adopted Albert Krupski Jr. Voter ® ? ? ? ? Adop[ed as Amended William P. Edwards Voter ® ? ? ? ? Defeated Daniel C. Ross Initiator 0 ? ? ? ? Tabled Thomas H. Wickham Voter 0 ? ? ? ? Withdrawn Louisa P. Evans Seconder 0 ? ? ? Scott Russell Voter ® ? ? ? 2007-301 CATEGORY: Budget Modification DEPARTMENT: Data Processing Data Processing Budget Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund. Whole Town budeet as follows: From• A.1680.4.200.100 Frame Relay $ 11,900.00 Page 22 March 27, 2007 Southold Town Board Board Meeting Minutes 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 ? Vote Reeord -Resolution RES-2007-301 Yes/Aye No/Nay Abstain Absent 8 Adopted Albert Krupski Jr. Voter 8 ? ? ? ? Adopted as Amended William P. Edwards Voter ® ? ? ? ? Defeated DanieIC. Ross Voter 8 ? ? ? ? Tabled Thomases Wickham ~ Seconder 8 ? ? ? ? Wi[hdmwn Lousa P Evans Initiator ® ? ? ? Scott Russell Voter ® ? ? ? 2007-302 CATEGORY: Budget Modification DEPARTMENT.• Town Clerk Budget Modification Supervisor RESOLVED that the Town Board of the Town of Southold hereby modifies the General Fund Whole Town 2007 Bud¢et 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 0 Adopted Albert Kmpski Jr. Voter 8 ? ? ? ? Adopted as Amended William P. Edwards Voter 8 ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham .Initiator ® ? ? ? ? Withdrawn Louisa P. Evans Seconder 8 ? ? ? Scott Russell Voter 8 ? ? ? 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, 2007In Cooperstown, NY Page 23 March 27, 2007 Southold Town Board Boazd Meeting Minutes RESOLVED that the Town Boazd of the Town of Southold hereby ¢rants permission to Captain Martin Flatlev to attend the yearly FBI National Academy's Trainin¢ Conference in Cooperstown, New York, commencine Sunday. Mav 27 throueh Tuesday. Mav 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). ~ Vote Record -Resolution RES-2007-303 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Initiator ® ' ? ? ? ? Adopted as Amended William P. Edwazds Seconder 0 ? ? ? ? Defeated Daniel C. Ross Vo[er 0 ? ? ? ? Tabled Thomas H. Wickham Voter 0 ? ? ? ? Withdrawn Louisa P. EVans Voter ~ ? ? ? Scott Russell Voter ~ ? ? ? 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-Thou on August 26, 2007 RESOLVED that the Town Board of the Town of Southold hereby Srants permission to the Leukemia & Lymphoma Society and Bicycle Shows USA to use the followine roads and New Suffolk Beach for its Bike-A-Thom 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, Orchazd 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. Page 24 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes ? Vote Record -Resolution RE&2007-304 Yes/Aye No/Nay Abstain Absent 8 Adopted Albert Krupski Jr. : Seconder 8 ? ? ? ? Adopted asAmended William P. Edwards Initiator 8 ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Voter ' ® ? ? ? ? Withdrawn Louisa P. Evans Voter 8 ? ? ? Scott Russell Voter 8 ? ? ? 2007-305 CATEGORY.• Close/Use Town Roads DEPARTMENT.• Town Clerk Approve Annual MS 150 Twin Forks Bike Tour 9/16/07 RESOLVED that the Town Boazd of the Town of Southold hereby ,:rants permission to the National Multiple Sclerosis Society to use the followin¢ 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 0 Adopted Albert Krupski Jr. Voter ~ ? ? ? ? Adopted as Amended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross Initiator 8 ? ? ? ? Tabled Thomas H. Wickham Voler 8 ? ? ? ? Withdrawn Louisa P. Evans Seconder 0 ? ? ? Scott Russell Voter ® ? ? ? 2007-306 CATEGORY.• Employment -Town DEPARTMENT.• Accounting Amend Resolution 2007-258 -Jesse Wilson RESOLVED that the Town Board of the Town of Southold hereby amends resolution Number 2007-258 to chanee the effective retirement date for Jesse Wilson from Mazch 29, 2007 to Mazch 31, 2007. Page 25 March 27, 2007 Southold Town Board Board Meeting Minutes ~ Vote Record -Resolution RE&2007-306 Yes/Aye_ No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Voter 0 ? ? ? ? Adopted asAmended William P. Edwards Voter ~ ? ? ? ? Defeated Daniel C. Ross Voter D ? ? ? ? Tabled Thomas H. Wickham Seconder ® ? ? ? ? Wi[hdmwn Louisa P. Evans Initiator ® ? ? ? Scott Russell Voter 0 ? ? ? 2007-307 CATEGORY: Landfill Misc. DEPARTMENT: Solid Waste Management District Compost Product Pricing RESOLVED that the Town Board of the Town of Southold hereby confirms prices for 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 (<20001bs) $15/ton (>20001bs) • Unscreened Leaf Compost $ 7/cu. Yd $15/ton • Shredded Leaves $ 5/cu. Yd $10/ton • Screened Woodchip Mulch: $ 6/cu. Yd $20/ton (<20001bs) $15/ton (>20001bs) • Double Ground Woodchip Mulch $ 6/cu. Yd $20/ton (<20001bs) $15/ton (>20001bs) • 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 Na/Ney Abstain Absent 0 Adopted Albert Kmpski Jr. Voter 0 ? ? ? ? Adopted asAmended William P. Edwards Voter D ? ? ? ? Defeated Daniel C. Ross Voter 8 ? ? ? ? Tabled Thomas H. Wickham Initiator 8 ? ? ? ? Withdrawn Louisa P. Evans Seconder 8 ? ? ? Scott Russell Voer 8 ? ? ? 2007-308 CATEGORY: Committee Appointment Page 26 March 27, 2007 Southold Town Board Board Meeting Minutes DEPARTMENT.• Town Clerk Amend Stakeholder Resolution 283 RESOLVED that the Town Boazd of the Town of Southold hereby amends resolution #2007- 283, adopted at the March 13, 2007 rel?ular Town Board meetine 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 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 Boazd 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 ® Adopted Albert Kmpski Jr. Initiator D ? ? ? ? Adopted as Amended William P. Edwards Seconder 8 ? ? ? ? Defeated Daniel C. Ross Voter m ? ? ? ? Tabled Thomas H. Wickham Voter 8 ? ? ? ? Withdrawn Louisa P. EVans Voter ~ ? ? ? Scott Russell Voter 8 ? ? ? 2007-309 CATEGORY.• Employment -FIFD DEPARTMENT.• Accounting .Appoint James G. Traub to FIFD Fulltime Deckhand RESOLVED that the Town Board of the Town of Southold hereby appoints James G. Traub to the_position of a full time Deckhand for the Fishers Island Ferrv District effective March 21, 2007, at a rate of $14.00 per hour. Page 27 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes ? Vote Record -Resolution RES-2007-309 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr Seconder ® ? ? ? ? Adopted as Amended William P. Edwards Initiator 0 ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomases Wickham Voter 0 ? ? ? ? Withdrawn Louisa P. Evans Voter 0 ? ? ? Scott Russell Voter 0 ? ? ? 2007-310 CATEGORY.• Public Service DEPARTMENT.• Town Clerk Grant Permission to the Fishers Island Community Center to Utilize Any Available Parking Spaces 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 narking area, situated at the end of Fox Lane on Fishers Island. ? Vote Record - Resolutioo RES-2007-310 Yes/Aye NoMay Abstain Absent 0 Adopted Albert Krupski Jr. Voter ® ? ? ? ? Adopted as Amended WilhamP Edwards Voter ® ? ? ? ? Defeated Daniel C. Ross Initiator 8 ? ? ? ? Tabled Thomas H. Wickham Voter 0 ? ? ? ? Withdrawn Louisa B Evans Seconder 0 ? ? ? Scott Russell Voter 0 ? ? ? 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 RESOLVED that the Town Board of the Town of Southold hereby grants aermission to the 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 pazking 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. Page 28 March 27, 2007 Southold Town Boazd Board Meeting Minutes ? Vote Record -Resolution RES-2007-311 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Voter 0 ? ? ? ? Adopted as Amended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Seconder 0 ? ? ? ? Withdmwn Louisa P. Evans Initiator ® ? ? ? Scott Russell Voter 0 ? ? ? 2007-312 CATEGORY.• Committee Appointment DEPARTMENT: Town Clerk Appoint Linda Randolph to the Position of Secretary to the Southold Town Tree Committee RESOLVED that the Town Board of the Town of Southold hereby aaaoints Linda Randolph 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-2007-3t2 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Voter ® ? ? ? ? Adopted as Amended William P. Edwards Voter 8 ? ? ? ? Defeated Daniel C. Ross Voter 8 ? ? ? ? Tabled Thomas H. Wickham Initiator ~ ? ? ? ? Withdrawn Louisa P. Evans Seconder D ? ? ? Scott Russell Voter D ? ? ? 2007-313 CATEGORY.• Public Service DEPARTMENT.• Town Clerk Spring Clean-Up Grace Period April 14 Through May 13 and Highway Pick Ups Begin April 16In Laurel RESOLVED that the Town Board of the Town of Southold hereby authorizes the acceptance of residential leaves and brush at the Southold Town Compost facility, free of charge, for four (41 weeks in connection with the Spring Cleanup for the veer 2007 starting Saturday, April 14, 2007, through Sunday. May 13; and be it Page 29 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes 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 RESOLVED that the Highway Department Sprin¢ Cleanua will commence on Mondav, Aari116, in LAUREL and end at ORIENT POINT; and be it FURTHER RESOLVED that the Fishers Island Sarine Cleanup will also commence on Mondav. Aari116, 2007. ? Vote Record -Resolution RES2007d13 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Initiator 0 ? ? ? ? Adopted as Amended William P. Edwards Seconder ® ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Voter ® ? ? ? ? W ithdmwn Louisa P. Evans Voter ® ? ? ? Scott Russell Voter ® ? ? ? 2007-314 CATEGORY: Budget Modification DEPARTMENT; Community Development Goldsmith Inlet Budget Mod RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Whole Town Budeet as follows: From• A.1990.4.100.100 Unclassified Contingencies $46,000 To• A.1010.4.500.300 Town Board C.E. $46,000 Envirorunental Consultants ? Vote Record -Resolution RES-2007-314 Yes/Aye No/Nay Absmin Absent ® Adopted Albert Kmpski Jr. Seconder 0 ? ? ? ? Adopted as Amended William P. Edwards Initiator ® ? ? ? ? Defeated Daniel C. Ross Vo[er 0 ? ? ? ? Tabled Thomas H. Wickham Vo[er ® ? ? ? ? Withdrawn Louisa P. Evens Voter ® ? ? ? Scott Russell Voter ® ? ? ? Page 30 March 27, 2007 Southold Town Board Board Meeting Minutes 2007-315 CATEGORY.• Budget Modification DEPARTMENT.• Town Clerk Budget Modifrcation FIFD RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Fishers Island Ferrv District budeet as follows: TO: Appropriations: SM.5709.2.000.100 Repairs, Rental Buildings $4,005.00 To: Revenues• SM.5990.00 Appropriated Fund Balance $4,005.00 Vote Record -Resolution RES-2007315 Yes/Aye No/Nay Absmin Absent 0 Adopted Albert Kmpski Jr. 'Voter ~ ? ? ? ? Adopted asAmended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross ' Initiator 0 ? _ _ ? ? ? Tabled Thomas H. Wickham ' Voter 0 ? ? ? ? Withdrawn Louisa P. Evans Seconder 0 ? ? ? Scott Russell Voter 0 ? ? ? 2007-316 CATEGORY.• Budget Modification DEPARTMENT.• Town Clerk Budget Modification -FIFD RESOLVED that the Town Board of the Town of Southold hereby modifies the 2006 Fishers Island Ferrv District budeet as follows: TO: Appropriations: SM.5709.2 Repairs, Other $1,200.00 To• Revenues• SM.5990.00 Appropriated Fund Balance $1,200.00 Page 31 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes ~ Vote Record -Resolution RES-2007-316 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr Voter ® ? ? ? ? Adopted as Amended WilhamP Edwards Voter ' ® ? ? ? ? Defeated Daniel C. Ross Seconder ® ? ? ? ? Tabled Thomas H. Wickham Voter a ? ? ? ? Withdmwn Louisa P. Evans Initiator 0 ? ? ? Scott Russell Voter 0 ? ? ? 2007-317 CATEGORY: Employment -Town DEPARTMENT: Accounting Perm Status for Zachary Tomaszewski Tech Cord I RESOLVED that the Town Board of the Town of Southold hereby permanently appoints Zachary Tomaszewski to the aosition of Technical Coordinator I from the Suffolk County Department of Civil Service Certif?cation of Eli¢ibles effective March 16, 2007, salary to remain the same. ~ Vote Record -Resolution RES2007-317 Yes/Aye NoMay Abstain Absent 8 Adopted Albert Krupski Jr. Voter 0 ? ? ? ? Adopted as Amended William P. Edwards Voter ~ ? ? ? ? Defeated Daniel C. Ross Voter 8 ? ? ? ? Tabled Thomas H. Wickham Initiator ® ? ? ? ? Withdrawn Louisa P. Evans Seconder 0 ? ? ? Scott Russell Voter 0 ? ? ? 2007-318 CATEGORY.• Budget Modification DEPARTMENT.• Data Processing Data Processing Budget Madif cation RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General 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: Page 32 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes 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 NoMay Abstain Absent ® Adopted Albert Krupski Jr. Initiator ® ? ? ? ? Adopted asAmended William P. Edwards Seconder ® ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Voter ® ? ? ? ? W i[hdmwn Louisa P. Evans Voter 8 ? ? ? Scott Russell Voter ® ? ? ? 2007-319 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Set Tuesday, April 10, 2007, At 7: SS 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 an Property Owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Yerderber RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. Apri110, 2007, at 7:55 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearin¢ for the purchase of an open space conservation easement on property 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. Page 33 Mazch 27, 2007 Southold Town Board Board Meeting Minutes 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. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned pazcel of land is on file in Land Preservation Depaztment, 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 8 Adopted Albert Krupski Jr. Seconder ® ? ? ? ? Adopted asAmended William P. Edwards Initiator ® ? ? ? ? Defeated Daniel C. Ross Voter 0 ? ? ? ? Tabled Thomas H. Wickham Voter 8 ? ? ? ? Withdrawn Louisa P. Evans Voter 8 ? ? ? Scott Russell Voter 8 ? ? ? 2007-320 CATEGORY: Budget Modification DEPARTMENT.• Engineering Orient Causeway Study RESOLVED that the Town Boazd of the Town of Southold hereby modifies the 2007 budeet as follows: From: A. 1990.4.100.100 Unallocated Contingencies $ 5,000.00 Page 34 March 27, 2007 Southold Town Board Board Meeting Minutes 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 RES2007-320 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Vo[er 0 p ? ? ? Adopted asAmended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross Initiator 8 ? ? ? ? Tabled Thomas H. Wickham Voter 8 ? ? ? ? Withdmwn Louisa REvans Seconder ® ? ? ? Scott Russell Voter 0 ? ? ? 2007-321 CATEGORY.• Budget Modification DEPARTMENT.• Engineering Interpretive Signage Project Bodget Mod cation RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budeet as follows• To: Appropriations: A. 1010.4.600.720 Interpretive Signage Project $15,000.00 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 Abs[ain Absenl 0 Adopted Albert Kmpski Jr. Voter 0 ? ? ? ? Adopted as Amended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross Voter 0 ? ? ? ? Tabled Thomas H. Wickham Seconder 8 ? ? ? ? Withdrawn Louisa P Evans.. Initiator 8 ? ? ? Scott Russell Voter ® ? ? ? 2007-322 CATEGORY.• Authorize to Bid Page 35 Mazch 27, 2007 Southold Town Board Board Meeting Minutes DEPARTMENT; Engineering Interpretive Signage Project RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for an RFP for Professional Desi¢n Services in connection with the Desien and Scopinl=_ for Phase 1 of a Proiect entitled Interpretive Information Proiect - Interpretive Si¢na¢e & Facilities -DOT Pin 0758.90. ? Vote Record -Resolution RES-2007-322 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Kmpski Jr. Voter ? ® ? ? ? Adopted asAmended William P. Edwards Voter ® ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Initiator ® ? ? ? ? Withdrawn Louisa P. Evans Seconder 8 ? ? ? Scott Russell Voter ® ? ? ? 2007-323 CATEGORY.• Employment -Town DEPARTMENT.• Accounting Hire Mini Bus Driver RESOLVED that the Town Board of the Town of Southold hereby aapoints John R. Murphy to the position of part-time Mini-Bus Driver for the Department of Human Services, for 17%2 hours per week, effective Apri12, 2007, at a rate of $12.11 per hour. ? Vote Record -Resolution RE&2007-323 Yes/Aye NoMay Abstain Absent ® Adapted Albert Krupski Jr. Initiator ® ? ? ? ? Adopted as Amended William P. Edwards Seconder ® ? ? ? ? Defeated Daniel C. Ross Voter m ? ? ? ? Tabled Thomas H. Wickham Voter ® ? ? ? ? Withdrawn Louisa P. Evans Voter ~ ? ? ? Scott Russell Voter ® ? ? ? 2007-324 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Land Preservation NYS Ag & Mkts Contract C800606 Extension of Time RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an amendment to the New York State Department of Page 36 March 27, 2007 Southold Town Board Board Meeting Minutes 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 awazded Agricultural and Fazmland Protection Implementation Grant in the amount of $1,200,000, all in accordance with the approval of the Town Attorney. ? Vote Record -Resolution RES-2007-324 Yes/Aye No/Ney Abstain Absent m Adopted Albert Krupski Jr. Voter D ? ? ? ? Adopted as Amended William P. Edwards Initiator 8 ? ? ? ? Defeated Daniel C. Ross Seconder D ? ? ? ? Tabled Thomas H. Wickham Voter 8 ? ? ? ? Withdrawn Louisa P. Evans Voter D ? ? ? Scott Russell Voter D ? ? ? 2007-326 CATEGORY.• Authorize to Bid DEPARTMENT.• Town Clerk Asphalt Bads RESOLVED that the Town Boazd of the Town of Southold hereby authorizes and directs the 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 ® Adopted Albert Krupski Ir. Voter ® ? ? ? ? Adopted asAmended William P. Edwards Voter ® ? ? ? ? Defeated Daniel C. Ross Initiator ® ? ? ? ? Tabled Thomas H. Wickham Voter ® ? ? ? ? Withdrawn Louisa P. Evans Seconder 0 ? ? ? Scott Russell Voter ® ? ? ? 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 RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain Nelson, Pope & Voorhis, LLC to perform a SEORA 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 Depaztment of State. Page 37 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes ? Vote Record -Resolution AES-2007-327 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Voter 0 ? ? ? ? Adopted as Amended William P. Edwards Voter ® ? ? ? ? Defeated Daniel C. Ross Voter 8 ? ? ? ? Tabled Thames H. Wickham Seconder ® ? ? ? ? Withdrawn Louisa P. Evans Initiator m ? ? ? Scott Russell Voter 8 ? ? ? 2007-328 CATEGORY.' Contracts, Lease & Agreements DEPARTMENT: Public Works Cornell/Klipp Park -Boat Docking RESOLVED that the Town Boazd of the Town of Southold hereby grants aermission to Cornell Cooaerative Extension to dock its workboat, "Shell Star", at Norman Kliaa Park, to facilitate the large-scale bav scallou saawner sanctuary aroiect that Cornell Cooaerative Extension is conducting in Orient Harbor. ? Vote Record - Resolution RES-2007-328 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Kmpski Jr. Voter ® ? ? ? ? Adopted as Amended William P. Edwards Voter ® ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Initiator ® ? ? ? ? Withdrawn Louisa P. Evans .Seconder ® ? ? ? Scott Russell Voter ® ? ? ? 2007-329 CATEGORY.' Property Acquisition Public Hearing DEPARTMENT.' Town Clerk PH 4/10/07 7.•50 Pm Amend Resolution 281 RESOLVED that the Town Boazd of the Town of Southold hereby amends resolution #2007- 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 hereby sets Tuesday. April 10, 2007, at 7:50 a.m., 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 Page 38 March 27, 2007 Southold Town Boazd Board Meeting Minutes 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. Pazcel B is accessed by means of a right of way over Pazcel 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 24t acres of the 27f acre pazcel, and a development rights easement on the entire adjacent pazcel identified as SCTM #1000-94-4-2 consisting of St acres. The exact azea of the purchase is subject to aTown-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollazs) per buildable acre for the 24f acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire St acre adjacent pazcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24t acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Mazkets 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 NoMay Abstain Absent ~ Adopted Albert Krupski Jr. Initiator ~ ? ? ? ? Adopted as Amended William P. Edwards Voter ~ ? ? ? ? Defeated Daniel C. Ross Seconder 0 ? ? ? ? Tabled Thomas H. Wickham Voter D ? ? ? ? W ilhdrawn Louisa P. Evans Voter ~ ? ? ? Scott Russell Voter D ? ? ? Page 39 March 27, 2007 Southold Town Board Board Meeting Minutes 2007-330 CATEGORY: Employment -Town DEPARTMENT: Public Works Part-Time Custodian RESOLVED that the Town Board of the Town of Southold hereby appoints Scott Kessler to 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/Ney Abstain Absent 8 Adopted Albert Krupski Jr. Seconder 0 ? ? ? ? Adopted asAmended William P. Edwards Initiator 0 ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Voter 0 ? ? ? ? Withdrawn Louisa P. EVans Voter ® ? ? ? Scott Russell Voter ? 0 ? ? 2007-331 CATEGORY: Budget Modification DEPARTMENT.• Accounting Budget Modification-Reappropriate Dept of State Gr RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budeet 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 Page 40 March 27, 2007 Southold Town Board Board Meeting Minutes ~ Vote Record -Resolution RES-2007-331 Yes/Aye No/Nay Abstain Absent 0 Adopted Albert Krupski Jr. Voter D ? ? ? ? Adopted asAmended William P. Edwards Voter ® ? ? ? ? Defeated Daniel C. Ross Initiator D ? ? ? ? Tabled Thomas H. Wickham Voter 8 ? ? ? ? Withdrawn Louisa P. Evans Seconder 8 ? ? ? Scott Russell Voter B ? ? ? 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 County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Wind Enerey Svstems for A¢ricultural Uses" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 24th day of April, 2007 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Wind Ener¢V Svstems for AEricultural Uses" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to Wind Enerev Svstems for A¢ricultural 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 Page 41 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes 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. 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 primazily 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 pazcels greater than seven (7) acres in size, which pazcels are dedicated primarily to uses necessary for bona fide agricultural production, and subject to the standardsprovided in Chapter 277 of this Town Code. III. Anew Chapter 277 of the Code of the Town of Southold is hereby adopted, as follows: S 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 c~acity intendedprimazily to reduce on-site consumption of utilitypower. TOWER HEIGHT -The height above grade of the fixed portion of a tower that is Hart of a small wind energy system, exclusive of the wind turbine. § 277-2. Application. Applications for small wind energ~ystems shall be submitted to the Town of Southold Building Department and shall include: Page 42 March 27, 2007 Southold Town Board Board Meeting Minutes a. Name, address, telephone number of the applicant. If the applicant will be represented b~gent, 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 b~property owner (i) confinnin¢ that the propertv owner is familiar with the proposed applications and (iil authorizing the submission of the application. c. Address of each proposed tower site, includin tag x 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 svstem. e. A plot plan at 1' = 100' scale depicting the limits of the fall zone distance from structures, propert lidpublic roads and proiected noise levels decibels (DBA) from the small wind energy svstem to nearest occupied dwellings. f. Aline drawing of the electrical components of the svstem 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 svstem to the electricitygrid. X277-3. Development standazds. a. Tower Heieht. Tower hei,zht shall not exceed one-hundred twenty (1201 feet. To prevent harmful wind turbulence to the small wind energy svstem, 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 standazd may be made when the applicant demonstrates that a lower height will not ieopardize 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 svstem shall be set back from a propertv line a distance no less than the total height of small wind energy svstem plus ten (101 feet. ii. No part of the wind svstem structure, including_guy wire anchors, may Page 43 Mazch 27, 2007 Southold Town Board Board Meeting Minutes extend closer than ten (10) feet to the property boundaries of the installation site. iii. A small wind energy svstem 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 (1001 feet. c. Noise. Small wind energy svstems shall not exceed 60 DBA, as measured at the 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 reco nized by the American Wind Energy Association and/or NYSERTA. e. Compliance with Uniform Building Code. Building_permit applications for small wind energ~ystems shall be accompanied by standazd 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 en ig'neer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer. f Compliance with National Electric Code. Buildine 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 airoorts. The allowed height shall be reduced to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.111 of Part 77 of Title 14 of the code of Federal Regulations regarding installations close to airports. h. Utility Notification. No small wind energy svstem 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- rg id svstems shall be exempt from this requirement. §277-4. Construction standards. a. Exterior lightin on any structure associated with the svstem shall not be allowed except that which is snecificall}_required by the Federal Aviation Administration. b. The system's tower and blades shall be anon-reflective, unobtrusive color that Page 44 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes blends the system and its components into the surrounding landscape to the regr atest 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 under rg ound except for "tie-ins" to a public utility company and public utility company transmission poles, towers and lines. 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. £ 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 ma, b~plaved 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 rg ound. 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 ankguv 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 bri hg t 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 en ing Bering 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 enereti 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 Page 45 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes with any and all conditions that may be attached to the eranting of any buildine Derrnit shall constitute grounds for the revocation of the permit by the Building Department. &277-7. Enforcement; Penalties and Remedies for Violations. A. The Town Boazd 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 anyperrnit 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 subiect 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 anypermit 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 ille ag 1 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 D Adopted Albert Kmpski Jr. Voter ® ? ? ? ? Adopted as Amended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Aoss Voter 0 ? ? ? ? Tabled Thomas H. Wickham Seconder 0 ? ? ? ? W i[hdrawn Louisa P. Evans Initiator 0 ? ? ? Scott Russell Voter 0 ? ? ? 2007-333 Page 46 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes CATEGORY.• Planning DEPARTMENT: Town Clerk Send LL Wind Energy to SCPD & PB RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward a copv of the proposed Local Law entitled "A Local Law in relation to Wind Enerey Systems for Aericultural Uses" to the Suffolk County Plannin¢ Department and the Southold Town Plannin¢ Board for their review and recommendations/comments. ? Vote Record -Resolution RES-2007-333 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Voter 0 ? ? ? ? Adopted as Amended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Initiator 8 ? ? ? ? Withdrawn Louisa P. Evans Seconder ® ? ? ? Scott Russell ' Voter ® ? ? ? 2007-334 CATEGORY.• Employment -Town DEPARTMENT.• Town Clerk Planning Director Advertise RESOLVED that the Town Boazd of the Town of Southold hereby authorizes and directs the Plannine Board to advertise for the position of Town Plannine Director in the Southold Town Plannine Department on the American Planning Association's Job Mart website, and be it further RESOLVED that the Town Clerk be authorized and directed to advertise in the Suffolk Times. ? Vote Record -Resolution RES-2007-334 Yes/Aye NoMay Abstain Absent 8 Adopted Albert Kmpski Jr Initiator ' 8 ? ? ? ? Adopted as Amended William P. Edwards Voter 8 ? ? ? ? Defeated Daniel C. Ross Voter 8 ? ? ? ? Tabled Thomas H. Wickham Seconder ® ? ? ? ? Withdrawn Louisa P. Evans Voter ® ? ? ? Scott Russell Voter ® ? ? ? Page 47 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes 2007-335 CATEGORY: Contracts, Lease & Agreements DEPARTMENT.• Town Clerk TDR Nelson, Pope Voorhis RESOLVED that the Town Boazd of the Town of Southold hereby retains Nelson, Pone and Voorhis to provide arofessional 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/Ney Abstain Absent 0 Adopted Albert Krupski Jr. Seconder ® ? ? ? ? Adopted asAmended William P. Edwards Initiator m ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Voter 0 ? ? ? ? Withdrawn Louisa P. Evans Voter 0 ? ? ? Scot[ Russell Voter 0 ? ? ? 2007-336 CATEGORY.• Seqra DEPARTMENT.• Town Attorney SEQRA Merger Law LL RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A 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 Declazation for the action in accordance with the recommendation of Mazk Terry dated Mazch 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 ® Adopted Albert Krupski Jr. Voter 8 ? ? ? ? Adopted as Amended William P. Edwards Voter 8 ? ? ? ? Defeated Daniel C. Ross Initiator 0 ? ? ? ? Tabled Thomas H. Wickham Voter ® ? ? ? ? Withdrawn Louisa P. Evans Seconder 0 ? ? ? Scott Russell Voter 0 ? ? ? Page 48 Mazch 27, 2007 Southold Town Board Boazd Meeting Minutes 2007-337 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA Calculation. of Lot Coverage LL RESOLVED that the Town Boazd of the Town of Southold hereby finds that the proposed "A 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 Declazation 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 - Resolufion RES2007-337 Yes/Aye No/Nay Abstain Absent ® Adopted Albert Krupski Jr. Voter ® ' ? ? ? ? Adopted as Amended William P. Edwards Voter ® ? ? ? ? Defeated Daniel C. Ross Voter ® ? ? ? ? Tabled Thomas H. Wickham Seconder ® ? ? ? ? Withdrawn Louisa P. Evans Initiator ~ ? ? ? Scott Russell Voter 8 ? ? ? 2007-338 CATEGORY.• Enact Local Law DEPARTMENT: Town Clerk Enact LL Merger WHEREAS, there has been presented to the Town Boazd of the Town of Southold, Suffolk County, New York, on the 27rb 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, therefore be it RESOLVED that the Town boazd of the Town of Southold determines that this Local Law is consistent with the LWRP; and further RESOLVED that the Town Boazd of the Town of Southold hereby ENACTS the proposed Local Law entitled, " A Local Law in relation to Amendments to the Merger Law" which reads as follows: Page 49 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes LOCAL LAW NO. 10 OF 2007 BE IT ENACTED by the Town Board of the Town of Southold as follows: 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. Inasmuch 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 lost 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. 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, of (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 sepazate 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 aone-family dwelling with a minimum 850 squaze 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) If the lots would otherwise be recognized pursuant to this chapter, and subsequently would have merged by operation of law as a result of the death of an owner or co-owner of one or more of Page 50 March 27, 2007 Southold Town Board Board Meeting Minutes the adjoining lots, except that the lots shall not be held in common ownership after the death of the surviving co-owner. 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 ? Adopted Yes/Aye NoMay Abstain Absent ? Adopted as Amended Albert Kmpski 1r. Vo[er ® ? ? ? ? Defeated William P. Edwards Voter ® ? ? ? 8 Tabled Daniel C. Ross Seconder ® _ ? ? ? ? Wilhdmwn Thomases Wickham ~ Voter ® ? ? ? Next: Apr 10, 2007 7:30 PM Louisa P. Evans Initiator ® ? ? ? Scott Russell Vo[er 0 ? ? ? 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 County, New York, on the 27th day of February, 2007 a Local Law entitled "A Local Law in 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 therefore be it RESOLVED that the Town Board of the Town of Southold determines that this Local Law is consistent with the LWItP; and further Page 51 March 27, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveraee of Buildable Land" reads as follows: LOCAL LAW NO. 11 of 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot Covera¢e of 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 pazcel 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 includin tg he square footage of tidal and freshwater wetlands land seaward of the coastal erosion hazard area line, beaches, bluffs, primazy 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 hazazd area line " "nrimazy dunes" and "secondazy dunes" shall have the meanings set forth in Chanter 111, Coastal Erosion Hazard Area, of the Town Code. ~n n n nr L. T'.:_ ~F., t,.. ~ «n..nel .,w,,.. a,.,t..,..:«,....n.tn«,7n n...o.,.«n_ ..,,,,ate 1,....,,.... 1 CO% «Ae.....nte« 1.,..,7 a«~n ..~6e.. ..on~..:,.r:,.«n o«r:«.... ..C n..,.l. I n«A F ° ~ , " oa. va ouv VI. SEVERABILITY Page 52 March 27, 2007 Southold Town Board Board Meeting Minutes 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, and shall apply to all applications filed afrer such date. ? Vote Record -Resolution RES2007-339 Yes/Aye No/Ney Abstain Absent ? Adopted Albert Kmpski Jr. Voter 0 ? ? ? ? Adopted as Amended William P. Edwards Voter 0 ? ? ? ? Defeated Daniel C. Ross Voter 0 ? ? ? ® Tabled Thomas H. Wickham Initiator ® ? ? ? ? Withdrawn Next: Apr 10, 2007 7:30 PM Louisa P. Evans Seconder 0 ? ? ? Scott Aussell Voter 0 ? ? ? VIII. Public Hearin¢s 1. Set a PH for a Local Law In Relation to Amendments to the Merger Law for 3/27/07 At 4:45 PM COMMENTS -Current Meeting: Hearing opened 5:10 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT, there has been presented to the Town Boazd 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" now, therefore, be it RESOLVED that the Town Boazd of the Town of Southold will hold a public heazing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27th day of March, 2007 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heazd. The proposed Local Law entitled, "A Local Law in relation to Amendments to the Mercer Law" reads as follows: LOCAL LAW NO. OF 2007 BE IT ENACTED by the Town Board of the Town of Southold as follows: 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 Page 53 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes 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. Inasmuch as the Town Boazd believes this result is unjust and not the intended consequence of the merger law, it believes it necessazy 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 ?ot at any time after July 1, 1983. An adjacent lot is one which abuts with the pazcel for a common course of 50 feet or more in distance. Nonconforming lost shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. "Common Ownership" shall mean that the pazcel is held by the same person in the same percentage of ownership as an adjoining. 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 squaze feet, of (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 Januazy 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 sinlge 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 aone-family dwelling with a minimum 850 squaze 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 aze greater than 20,000 square feet, and the lots remain in the ownership of the surviving co-owner. III. SEVERABILITY If any clause, sentence, pazagraph, 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 Page 54 Mazch 27, 2007 Southold Town Board Board Meeting Minutes as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE Phis Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. About 12 years ago, the Town Boazd passed a merget law. Merger means if you have asub-size, undersize lots, and if they are held in the same ownership, they will be merged into one lot. There were several exceptions built into that proposed law some yeazs ago. This amendment today will expand those exceptions and add one more exception so that a certain condition will escape the merger that would otherwise be provided in that law and the new exception reads as follows: the lots would not be considered merged merely by operation of this law as a result of a death of a co-owner of one or more of the adjoining lots when the lots aze greater than 20,000 square feet and they remain in the ownership of the surviving co-owner. During today's work session we have agreed as a Board to delete the 20,000 square foot requirement. So I will read it again with that new interpretation. The lots would not be considered merged by operation of law as a result of a co-owner of one or more of the adjoining lots, provided that the lots remain in the ownership of the surviving co-owner. I will try to say it in more colloquial terms. If a husband and wife own a piece of property and one of the two spouses passes away, presumably one of the lots passes to the, at that time those two lots would be owned by the same person. We felt that while the surviving spouse is alive, those two lots should not be considered merged but it exists while the surviving spouse is alive. We don't anticipate the way the law is written giving heirs the opportunity to reach back, yeazs previously, to undo a merger that was done at that time. That is the purpose and that is the legal reading of this proposed law. Now, I have before me a memo from the Town Planning Board. The Planning Board has reviewed this proposed local law and supports the amendment. Please advise if you have any additional questions. I have something here from the Suffolk County Planning Commission, "Pursuant to the requirements, etc., this has considered to be a matter of local determination as there is no apparent county wide or inter-community impacts." I have got the notice that it has appeared on the Town Clerk's bulletin board and it has also appeared as a legal in the local newspaper. And what else do we have here? I know I have seen some other commentazy. COUNCILMAN ROSS: Well, this situation usually arises with a husband and a wife, where the husband or the wife owns one piece of property and next to it, the husband and the wife own it, so they are held really differently and maintained as separate status. This does not apply just to husband and wife situations, it is any situations where there are co-owners and because of the death of one of the owners, the two lots, the two properties become owned by one person and hence, merge. And that is what this is inteded to except from the merger law. To make an exception, so those things do not, those lots will not merge as a result of death, which was brought to our attention by counsel here today and I am sure we will heaz from them later on. COUNCILMAN WICKHAM: I should also read a note, a memo from Mark Terry, our LWRP coordinator. "Proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town Code, based upon the information provided on the consistency assessment Page 55 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes form submitted to this department as well as the records available, it is my determination that the proposed action is consistent with the policy standazds and therefore is consistent with the LWRP." SUPERVISOR RUSSELL: Is that all? COUNCILMAN WICKHAM: Yes. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Boazd and address us on this specific issue. I see Pat, Ms. Moore. PATRICIA MOORE: I figured since I was the squeaky wheel that caused all the problems a year ago, when I asked the Board to please put it on the agenda. My name is Pat Moore, I am a local attorney. I have had the dubious pleasure of having to explain to families why properties that they have paid taxes on, received tax bills and had always anticipated to be able to sell off in order to help pay for mom's nursing home or whatever circumstances, their particulaz circumstances might require, I have to explain to them that the law has merged their property. Before I begin, I want to point out that I went to the 1995 adoption of this law and I paid the town $30 for all the copies of all the documents that appeared in the 1995 public hearing process for the adoption of this law. And for the record, for the public and the news media, I want to put on the record who was sitting on the Board at that time because I don't believe that there was any harm intended, it was pure, when the law was adopted it was adopted to help people and it was very clear from the transcripts of that hearing that that is what the intent was. Mr. Wickham was supervisor at the time. Judge Evans was sitting on the Board, I think it was your first term. I see Ruth Oliva here, who now sits on the Zoning Board, she was on the Town Board. Joe Townsend was on the Board, he now sits on the Planning Board. The rest of you were in other capacity but not involved in the law, I guess directly. At the time that this law was adopted, there was cleazly put on the record that there was an intention to 1., recognize lots that were created by deed because that was the practice at the time and 2., that the, that what had been grandfathered subdivisions that were put into the code that were grandfathered from 1973 through the zone change of 1983 and then continued by reference with respect to certain exceptions until 1997 or 1995 through 1997 when you gave a short grace period for people to correct their deeds. But there was no publication as far as sending notices to the affected property owners and many cases if people do not get the newspaper, the local newspaper or were just not aware, this never became known to them. They continued to get tax bills as they would even today. I see very often people's property cazds that cleazly the lots have merged since 1997 but they are continuing to receive sepazate tax bills. What was done at that time and in the transcripts it says it, and at the end of the hearing so you are not distracted I am going to give to the Town Clerk my outline that I am not going to read from it, just as an outline and with a copy of the transcripts so you can see for yourselves what was said. But that that exemption list of all the subdivisions and many of the subdivisions that were approved in the 70's and 80's up through the time of that ordinance, there was a feeling that there was no need to put those exempt subdivisions back in the books, continuing them because this waiver of merger law would take care of it. There would be an escape valve, a mechanism to provide for hardship, if for some reason the waiver of merger law inadvertently took it into affect and that was the Zoning Board. Well, here we are 12 Page 56 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes years later and two years ago, the Zoning Boazd ended any approvals except for the, really the only one that I remember got approved was a husband and wife situation when the spouse passes away but that was for the most part the limited exception. That, the waiver merger law was shut. It was completely shut out and what happened is, it took one case and lawyering done at the level of the New York Supreme Court and then the Appellate division, that came to the conclusion that when you said economic hazdship, that even a lot that was under contract for $400,000 did not equate economic hardship. So that is the kind of situation that I have been facing for the past two, and other attorneys that aze here as well, have been facing for the last two, some years, where each property that comes before the Zoning Boazd is denied. I want you to go back to the legislative intent, what you said at the hearing, Mr. Wickham as Supervisor, and clearly throughout the whole transcript of that hearing, there was an intent to protect people. To give people a simplified method to have the lots that got merged, unmerged. Well, that is in practice what has happened 12 years later is the direct opposite. So I urge you to take that issue before you. It is time. I asked you to do it a year ago. I certainly support the legislation you are proposing now. I think obviously it is something t hat is very necessazy. But as Mr. Ross knew I was going to say, you haven't gone far enough. Well, you haven't undone the harm that this law has created. Also, another issue that again the transcript cleazly says that the code speaks in terms of the merger occurs until you have conformity. Well, I have seen situations where you have one lot that is an acre and a half in a one acre zoning district. It gets sold off. The half acre that everybody thought, well, there have been situations where local attorneys, land use attorneys, very reputable, very respected attorneys were quite surprised by the circumstance because you had lots that, a lot that was clearly lazger than intended and an extra lot. Well, because when you go in for the single and separate for the smaller lot, it refers back to the lazger lot. It undoes the provision of the code that says you don't merge if you have got conformity. Well, you have got one lot that was conforming and another lot that wasn't. Well, you have just left behind a sterilized piece of property. That has also happened in Nassau Point, you have properties, I have one case where it was a family, one of the owners of the property was in a nursing home, they were trying to preserve the property. This was a third generation of ownership in this Nassau Point property. Clearly very valuable pieces of property. Three lots, two lots made conformity. I mean, you are in Nassau Point, these used to be exempt lots. They used to be half acre lots and the entire neighborhood is half acre lots. Alright, they accepted the fact that the one, that the two half acre lots brought about conformity. Well, now they merged the three lots. Clearly this lot exceeds, faz exceeds the sizes of all the other properties in the neighborhood. That was declined at the Zoning Board level. Again, always using the economic hazdship azgument that, nope, still haven't proven the economic hardship and this has been upheld in the courts and I keep telling you please, if you want to create the fairness that was legislated in 1995 you have to do one of two things either put back the exempt list because that was the promise made, that you don't need an exempt list if you have got this fairness principle in the waiver merger or change the waiver merger. But to do both you are doing harm and you continue to do harm. And I know you are not sitting on the Boazd to do that. And I know even, I know two Zoning Boazd members are here today. I know they are good people, I know they are not intending to do harm but the bottom line is that that is the end result. Just want to be sure that I have got everything. One of the issues that I raised eazly on when I asked the Board to please consider this is that the fact is that people have been getting sepazate tax bills. They have been paying for your open space purchases, they have been paying school taxes, they have been Page 57 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes paying all the taxes that aze, that a single lot demands. When they finally reach a point in their life when it is their time to sell, you tell them, sorry, we have been taking your money but you really can't develop this piece. It belongs to the piece next door. That is not right. It just irks me, you know, I became a lawyer for justice and that to me smacks against the justice. We treat people, we know Enron and other corporations that have stolen people's money, taken people's money, well, isn't the Town doing the exact same thing? By taking people's money in tax bills, asking people to support them to support the services that they aze not using; they are paying for roads, they aze paying for schools, they aze paying for open space, they haven't done anything and when they finally are ready to build on that lot, we tell them I am sorry, you can't. It is time for action and I do appreciate the fact that you have brought it and you have made a slight dent in correcting this law. I urge you, certainly the Board members that were on the Board in '95, there is no excuse that this can't, hasn't been done. And I know it is only two of you, you need that third and I am hoping that the rest of the three of you will, four of you, excuse me, will see the justice in it. And protect your constituency, protect the people that you have been elected to protect. I thank you and I hope that you will take my comments very positive. COUNCILMAN ROSS: Pat? MS. MOORE: Yes? COUNCILMAN ROSS: How would you define economic hardship? Or would you eliminate it? MS. MOORE: I would eliminate it altogether. Because there is no definition, unless you are very careful in how you define it. Economic hazdship has been defined in zoning terms as a use vaziance. And that is how the courts have interpreted. And the reality is and this has been azgued in the courts but the courts don't seem to care, don't seem to listen; that the waiver merger law was intended to avoid having to go for a vaziance. That was the whole sales pitch in 95. Oh, we know that those lots that have merged have to go through a variance and then have to go through a re-subdivision and we all know that in 95 the vaziances were granted routinely because of the circumstances. People recognized that yes, this is an entirely half acre subdivision and you are asking one property owner to make his lot really non-conforming to the rest of the community. Property values aze very high. Just because, it is funny, in one of the transcripts somebody talked about well, you have economic hardship. You are looking at spending, losing $150,000, one of the feazs in changing the law and taking that exemption out. They were talking about a loss of $150,000. Well, lots now, in Nassau Point, in Paradise Point, in the exempt subdivisions, you are looking at $400,000 to $600,000. That is not insubstantial. And no offense but listen, if you have done your estate planning and you have left to one child that piece of property and given to another child your stocks and bond the equivalent. Is that fairness? I mean, most of the people have done estate planning with appraisals, with the expectation that the lot is developable. So, you know, I have heard you make statements Mr. Ross that you aze not trying to protect the heirs. Well, aren't we all trying to protect our heirs? Certainly I don't want the government to get my money. I want my children to get my money. I want my children to have my property. As you do. Page 58 March 27, 2007 Southold Town Board Board Meeting Minutes COUNCILMAN ROSS: The point to the law, though, was to undo and the comments a yeaz ago was you had a wrong through a death; a death creates the merger. And that is the purpose here. To undo that wrong. And the only person who is hurt in that circumstance is the co-owner. MS. MOORE: Absolutely. You have addressed that issue tonight. That is the only issue. But the law, when it was adopted and I, here you go... COUNCILMAN ROSS: Let me ask you about that... MS. MOORE: (inaudible) and please, Town Clerk, give it to all the Boazd members if you would. Read the transcripts. That is not the way the law was adopted. COUNCILMAN ROSS: The intent not to merge, you indicated two recognized lots by deed? MS. MOORE: Yes. COUNCILMAN ROSS: Was that lots that had been deeded prior to a certain date? MS. MOORE: Yes. COUNCILMAN ROSS: And recognize... MS. MOORE: We11, after that there was subdivision review, so there was no, there really was no issue. We were dealing, addressing a problem that Mr. Wickham's father was on the Planning Board and very, I mean, the farmers on the Board know, very routinely farm lots were split off by deed. If you had a lot that was made conforming, conform to the specifications, oftentimes there would be subdivision by deed. And in fact, when I went looking not too long ago, in the Planning Boazd's agendas for the early 80's through the 70's, it was a long process but I looked at every single agenda and every minutes of every meeting to look for a minor subdivision because it's just like, it can't be. It can't be that this lot was created just by deed. It was hazd for me to believe. Sure enough, the Planning Boazd at the time dealt with major subdivisions and minors that were like 3 to 5 lots. Set-offs were routinely done by deed. And there is a recognition of that and that was good, it was good that it was corrected because there still exists out there lots that eventually passed down and were created by deed. SUPERVISOR RUSSELL: I just want to touch on the economic hazdship issue, when that went to the courts and it was adjudicated, was that the court defending a Town denial? MS. MOORE: Yes. SUPERVISOR RUSSELL: Because that applicant didn't rise to the Town's view of economic hazdship. In other words, it wasn't the court usurping the Town... MS. MOORE: No. Page 59 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes SUPERVISOR RUSSELL: Okay, so that was basically defending what the ZBA.... MS. MOORE: At least the ones that I know about. It may have been a neighbor opposing that it could have been the other way around. But I think it is mostly supporting the position where the Town says, sorry, it is not enough economic hazdship. And that is kind of the beginning. That case was pretty much the beginning of the end. That case pretty much left the road map for the Zoning Board at that point to really limit if not deny for the most part the majority of the waiver merger applications that came before them. Thank you. SUPERVISOR RUSSELL: Thank you, Pat. Mr. McLoughlin. KEVIN MCLOUGHLIN: I am Kevin McLoughlin, I am an attorney here in Southold. First of all, I would like to commend the Board on I know what has been a hard job, working their way through this situation. I think Pat has outlined very eloquently the equity involved h ere and the reason why this law has to be addressed. My concern is about the wording of the subsection 6 itself. I want to make sane that everyone is clear that this applies not only proactively from the date that this law is passed but also retroactively so that lots that had been deemed to have merged in the past, particulazly the past couple of yeazs when the Zoning Boazd took a different tact will be protected under this law. It doesn't seem to say in here when this is effective, and that concerns me. And the second thing that concerns me is the last sentence, `provided the lots remain in ownership of the surviving co-owner.' I understand the intent but what, many of these times when families kept lots separate by putting them in separate names, the whole purpose was perhaps someday one of their children could be deeded their property and therefore have a place to be able to build a house on and remain in the Southold Town community. I am not sure what this language means, so that if you have a husband and a wife owning one substandard lot and the husband owning the other substandard lot and the husband dies and the wife then deeds the other lot to one of her children, is it merged at that point or is it not merged because they remain in single and separate names? COUNCILMAN ROSS: Up until the point of death, they are separate by virtue of the exception. MR. MCLOUGHLIN: Right. COUNCILMAN ROSS: Upon the deeding, before death, they would remain separate because they are single and sepazate after that. COUNCILMAN EDWARDS: In perpetuity. MR. MCLOUGHLIN: But what happens if, again, a husband and wife own one lot, husband owns the other one, the husband dies, I know right then there is not going to be a merger under this but what if after that, she then deeds the property over to one of her children? SUPERVISOR RUSSELL: The single, vacant lot? MR. MCLOUGHLIN: Yes. Page 60 March 27, 2007 Southold Town Boazd Board Meeting Minutes SUPERVISOR RUSSELL: That would be an exempted lot. That would not be subject to merger. MR. MCLOUGHLIN: But then what is the, I am, what is the purpose of `provided the lots remain in the ownership of the surviving co-owner'? SUPERVISOR RUSSELL: If you had a husband and wife who owned and just the husband passes away, the wife owns both, the wife passes it now goes into estate, those are merged. In other words, there is no surviving co-owner that has been injured in this. That is the intent. TOWN ATTORNEY FINNEGAN: They merge when the surviving spouse dies. The exception goes away when the surviving spouse dies. So if they are not transfenred, if the two that she holds aren't transferred, one of them isn't transferred during her life then the merger, the exception goes away when she dies and they are merged. COUNCILMAN EDWARDS: The operative word is surviving. She needs to do something about it in her lifetime. COUNCILMAN ROSS: We struggled with the language. I think we are going to, you know, work on that a little bit. MR. MCLOUGHLIN: Is it the position of the Boazd that this, if it is adopted, this paragraph 6 will be retroactive in its effect? TOWN ATTORNEY FINNEGAN: If someone were to come in who has been, who was denied two years ago; told two yeazs ago that those lots had merged. If that person is still alive, still holds both and holds both because the spouse died, if that person comes back in then they will not be merged anymore. The exception will apply. MR. MCLOUGHLIN: So we will have to come back in to the Zoning Board and say... COUNCILMAN KRUPSKI: No. No. MR. MCLOUGHLIN: Just go to the Building Depaztment and say... COUNCILMAN KRUPSKI: Right. Because they won't be merged. SUPERVISOR RUSSELL: What I had asked about was how do you undo previous ZBA decisions and the answer today was, you need to come back in. TOWN ATTORNEY FINNEGAN: Come back in. SUPERVISOR RUSSELL: Surviving co-owner. You need to come back in to the ZBA to have them reverse that decision. Because I was concerned, we have had years of decisions here that Page 61 March 27, 2007 Southold Town Board Boazd Meeting Minutes aze probably going to have to more or less vacate decisions of the last few years. MR. MCLOUGHLIN: But that is the intent of this law, to allow anyone who falls within that exception, no matter when the date of that happening was, the death of the co-owner, to be able to have the merger exempted. TOWN ATTORNEY FINNEGAN: (Inaudible) COUNCILMAN EDWARDS: Provided the survivor survives. MR. MCLOUGHLIN: Right. So what that is going to mean in some cases is, as soon as this law is passed, people had better get in quickly especially the ones that, and I have at least one case myself where I was denied by the ZBA under circumstances exactly like what this covers, we have got to go back in, I have got an elderly.... COUNCILMAN ROSS: Kevin, I don't understand. If one of the owners is still alive, you don't have to go anyplace. You just have to deed the property out. SUPERVISOR RUSSELL: But he said he was before the ZBA and denied. Which means he has to reverse that. COUNCILMAN ROSS: You were denied but this wasn't then. Now you have a new law. It is exempt, you have a law. MR. MCLOUGHLIN: So we don't have to go back to the ZBA. COUNCILMAN ROSS: That would be what I would say. COUNCILMAN EDWARDS: Let the Town Attorney speak to that. SUPERVISOR RUSSELL: Yeah, Pat? TOWN ATTORNEY FINNEGAN: I think that if you have a decision that said they were merged and you came in to unmerge them and they couldn't merge, I mean, they didn't unmerge them, now you can come back in, you should be able to come back in now to the Building Department and have the exception apply to you. MR. MCLOUGHLIN: And that would be your legal opinion to the Building Department? TOWN ATTORNEY FINNEGAN: Yes. MR. MCLOUGHLIN: Thank you. CURT KOCH: My name is Curt Koch. Let me go next just because I think he forgot one question. What happens when it is in both names and both parents die at the same time? Page 62 March 27, 2007 Southold Town Boazd Board Meeting Minutes SUPERVISOR RUSSELL: It wouldn't have mattered because it was merged prior to their death. In other words, both of the ownerships, if Joe and Mazy owned this and Joe and Mazy owned this, those lots were merged when this law was passed back in 1993. Death isn't an issue here. COUNCILMAN WICKHAM: It is already merged. SUPERVISOR RUSSELL: It is already merged by statute. MR. KOCH: Oh, no. Let me back up. If the husband owns one and the wife owns the other, okay, now, then they both die and now you are telling the children they aze merged. SUPERVISOR RUSSELL: I don't know what the will says, I don't know how those, if Joe has a will and presumably Mary has a will, I don't know how they convey those parcels out. MR. KOCH: Regardless.. SUPERVISOR RUSSELL: Well, there is no singular estate, so you can't presume that they aze merged. It depends on what the will says. COUNCILMAN EDWARDS: And doesn't the law usually say one has to, in law, predecease the other even if they both died simultaneously? COUNCILMAN ROSS: We don't want to play lawyer. COUNCILMAN EDWARDS: Okay, anyway... MR. KOCH: Okay. Anyway, to me that seemed like the next question and just to add what they are saying, I appreciate the steps that you are taking to rectify this because it does seem very unfair and in many ways, for lack of a better word, the whole merger concept is nasty legislation just because we all know who gets affected by that, it is people that aren't necessarily in tune with planning and subdivisions and lot purchases and not necessarily reading the legal sections of the paper and in many cases, this extra piece of property is a 401k for them. And just for the record, I am not impacted at all with the existing merger code and the changes don't help me or hurt me in any way, I am just happy to see the changes or the attempt to make these changes. So if I were to at least, line 6 there, my suggestion is that the whole concept of it not going to the heirs is removed because the intent, if the pazents had these things in separate names, the intent was to keep it in sepazate names and their passing really shouldn't change anything in any way and as faz as going back and undoing the things that the attorneys were talking about, I mean, we all recognize the complexity in that because I guess the question is, how many lots are impacted? If it is 12, I think Southold and the traffic will survive that. And so the way everyone is kind of nodding, we don't have a number in teens of the impact. If we would just unwind all of this. Thank you. Page 63 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes SUPERVISOR RUSSELL: The lady behind Dr. Pascoe. You had your hand up. EILEEN GALLAGHER: My name is Eileen Gallagher and I am a Southold Town resident. I am here tonight on behalf of Donna Wexler and her mother, Mrs. Iglesias. They were very personally affected by this law. They had bought two pieces of property that were individually deeded and they were owned by an unmarried couple, so this is a little bit of a twist on what you all have been talking about so faz. This unmarried couple was a couple for 30 years. They each owned these adjacent lots. One owned one lot, the other owned the other lot. Their was a decision made by Ms. Collins, who was one of the owners, much prior to her death, she was dying from brain cancer. She was afraid apparently, with her will, that there would be some issues with her estate and she wanted to insure that her companion would inherit that land. So right prior to her death, while she had brain cancer, she decided to merge the lots. And at the time she was advised by her attorney not to do that but this was done exclusively for estate planning purposes. And we are not even sure if she understood the impact of her decision. After she passed away, her survivor, Mr. Devlin, wanted to unmerge the lot so he could sell them and he was under the impression that he could. He put both lots up for sale and they were sold and they appeared to be separate lots because again, all the tax maps, the Town and the County maps all indicated that these were sepazate buildable lots. They both conform to the subdivision in Calves Neck. So Ms. Wexler bought one lot, her mother bought the other lot with the intention of putting up two houses because Ms. Wexler is now her mother's caretaker, they both wanted sepazate houses and they wanted to put sepazate houses up so that they could have individual homes together. Now you know with the land in the town, how often do you find two buildable lots that aze together? That are suitable for this purpose? After they bought these properties, they were told by the Zoning Board that these properties, the second property was not buildable and therefore they could not carry out what they wanted to do. Now this puts a hazdship on these two women because they are trying to do the right thing. At least Ms. Wexler is trying to take caze of her elderly mother. And with this talk about estate planning, my question is I don't fully understand why, when you have a couple, why the land has to be merged at all? Especially because you have estate issues as it was pointed out by Pat Moore, you have some land maybe being left to one child and the other land being left to the other child. And especially when the records of the Town and the County are not cleaz that these are not buildable lots and these people have no way of knowing ahead of time what they are doing with their estate because they are going on the information available to them, why do these lots need to be merged at all? That is my first question. COUNCILMAN KRUPSKI: Was Ms. Collins a member of the ZBA? COUNCILMAN EDWARDS: Yes. MS. GALLAGHER: I don't know. SUPERVISOR RUSSELL: I remember helping Ms. Iglesias with this. I believe at the time one of the problems was that as a prospective buyer I don't know that they did an adequate single and separate search on the vacant lot. Page 64 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes MS. GALLAGHER: Well, they did title search and that is what came up, that they were separate. So when you are buying land, okay, if I was to go buy land today and I did a title search and that title search tells me that there are two separate properties, then that is what I think I am getting. Especially when they are both conforming to the area. But the question I just asked was, why does the lots have to be merged at all when there is a couple involved? I mean, this is an unmarried couple. Okay? So this wasn't even a husband and a wife. But my question really is, I don't understand, especially since we have so many pieces of property azound here that aze owned by families and they expect to (inaudible) to their estate, why do these lands have to be merged? I don't understand. COUNCILMAN ROSS: The merger concept arises from the thought that land use changes. MS. GALLAGHER: Right. COUNCILMAN ROSS: For instance, in the 20's, 30's and the 40's you bought a Brooklyn Eagle and if you got a subscription, you got a 20 x 50 foot lot somewhere out in the Pine Bazrens. Without a merger situation, those lots would still exist. MS. GALLAGHER: But those would be too small and they wouldn't conform to the area around... COUNCILMAN ROSS: There is no merger unless there has been an upzoning that makes the lots that have merged smaller than the zoning in an area that they are in. So if you have... MS. GALLAGHER: So why do you have grandfathering clauses where you allow small lots, that are single lots to still be built on if you aze concerned about the zoning changes which make the land you want bigger lots for people to build on? Why do you still allow small lots to be built on? COUNCILMAN EDWARDS: Well, because the people who bought those smaller lots, which are called at that point non-conforming lots, nevertheless, have the right, the bundle of rights that go with that land which includes the right to build a house there. Just because in the interim since the property was subdivided into let's say, one third of an acre, the zoning has risen to one acre zoning, you still have the rights that aze associated, that were there in the first place. MS. GALLAGHER: Well, doesn't someone that had bought two lots, right; held them sepazately, still feel that they have the rights for those two lots? They bought them, they paid a purchase price for building lots and just because they aze adjacent and now the azea is still, all the houses have been built in the area, they are still half acre lots, these are still half acre lots; sepazately they are a half acre and one is actually bigger than a half acre. Why would they be merged? I mean, this was a voluntary merger but it was done for estate planning with the intention that after the state was settled that they would unmerge them. So, I know it is a little bit of a twist in that the initial merger was done on a voluntary basis but you have to understand, this woman was very ill at the time she made this decision, she was trying to protect her partner and all of a sudden because they were next to each other and they are a couple, you can't unmerge Page 65 March 27, 2007 Southold Town Board Board Meeting Minutes them? You know, it is not just an economic issue, you have people that aze trying to stay in this town both young couples and elderly people that want to stay here and live the rest of their lives and it is making it very difficult for them to do what they want to do for both their estate and their heirs and their own living circumstances. Anyone that takes care of an elderly person, an elderly parent or even an elderly relative understands how difficult it is to do that. And we should be encouraging those situations and allowing people to stay here, rather than pushing them away by saying no, you can't do this and no, you can't do that. I also don't feel that if these mergers have been taken place and they have been done, why can't the records be updated? Because you are misleading people, in thinking that they have individual lots of land that are valued because they have buildable lots. And I think that you either have it one way or the other. You merge them, you should correct your records. And I feel that you aze trying to make changes to these laws to be more fair but I don't think it is always economic. I think you have issues of families here, estates and everything else that should be considered. SUPERVISOR RUSSELL: There were a couple of issues that you touched on. First, I do, when that law was first created, there was a small working group and I was an assessor in those days; I had been to some of the original working meetings and had advocated to a planner who has since left Town Hall, that we should notify single and separate lot owners of this pending law. The problem with this law is that it really rewards people that happen to be real estate savvy and people who aren't real estate savvy have gotten stuck in the cross hairs over the years. There was a process up until a few years ago where there was a relief valve for this law and there was an exception to this merger law and that had been administrated since this law was passed in 1994 and it has worked relatively well. There had been some blights in it, I had seen a couple in Greenport turned down for the lot next door to them, when a couple around the block with the same exact circumstances had been approved; so there is certainly lack of understanding of equitable distribution but on the whole that relief worked well. A couple of years ago, things changed. I just found out tonight that the economic hazdship was something that we instituted and that simply the courts defended us. At least at the ZBA level. I think that what we need to do is revisit how to make this law more workable rather than just pick apart the little aspects of it, such as mergers by death etc. but you need to reinstitute a deliberative approach here so that the Zoning Boazd of Appeals can consider all the criteria when judging whether a lot is good or not. The community standard that is established by the existing houses. If you have 50 houses on half acre lots and one half acre lot left, those are the types of things the ZBA needs to bring to beaz and in the old days, they would. They would go out and look; look at a lot and say, well, this person, their intent was to keep it separate, you know the lot is vacant, it is unused. But then in this other case, somebody has got a gazebo on it and perfectly manicured and landscaped, they would say, you know, they have been using that as a side yard for many yeazs and we don't think that they probably now are entitled to that lot. There is a certain amount of discretion that comes to bear with that. It is probably better than the blanket approach, you know, just nickel and dimeing this law to death. MS. GALLAGHER: Yeah, I agree with you. I would like to see a more consistent approach with people getting, you know, answers from the Board as far as what their situation is versus their neighbors situation. You heaz too many, this is just a base statement not having anything to do with this particular situation, but you hear too many situations where one person gets what Page 66 March 27, 2007 Southold Town Board Board Meeting Minutes they want and the other person doesn't and that is not right. I mean, you have to as a Town Board try to be consistent and I understand the difficulty in writing language that goes into law to try to figure out every situation that you could possibly ever get into. But the ZBA would have to be the only outlet for those big exceptions that no one else could have figured out ahead of time. You can't write laws that are that complicated but definitely when they get to the passing rules, they have to be able to say to the same person, you get it and you get it because you have the same situation and not treat one differently than the other. SUPERVISOR RUSSELL: Well, like I said, the one regret here was that when the law was passed, people who were real estate savvy got to keep their lots, people that weren't, they were simply two people working all their lives and didn't know any better MS. GALLAGHER: That is exactly what I am talking about. The records should be accurate so that people would know what they are doing and what they have... SUPERVISOR RUSSELL: Well, I want to touch on that, I am glad you reminded me of that. 1'he issue of tax bills, the fact of the matter is just because you are receiving separate tax bills does not entitle you to a separate building lot and had we merged those properties, the taxes would have been identical only it would have been in one tax bill instead of two. MS. GALLAGHER: Well, that one tax bill tells you that land is merged, two doesn't. SUPERVISOR RTJSSELL: Yeah but a good, at the very least and the case, I know who you are representing very well and I do feel bad for her but at least in her case the law had already been passed when she pursued the purchase of those lots. My focus right now or my concern right now is for people who had those lots and just simply didn't know what to do prior to a purchase. The law sort of came down on them. MS. GALLAGHER: It was a voluntary thing done, it was done exclusively For estate planning, it had nothing to do whether or not the lands were suitable for building. They certainly conform to every other house in the area. So, here there was a little bit of twist but I think that the ZBA in certain circumstances like this should be taking a more objective look at these situations and hopefully, with the law as you rewrite it gets broad enough that you don't have to even have the ZBA look at these situations. Thank you very much. SUPERVISOR RUSSELL: Thank you. Dr. Pascoe? DAVID PASCOE: Good evening, my name is David Pascoe. Zoning changes are never easy and they are always fraught with contention. The proposed law that you raise this evening, okay, I am not really here to speak against the proposed law, okay, the concept of a surviving spouse, right, okay, my concern is, right, okay, that you really appreciate the potential effects of creating a blanket exception, alright? I tried to bring some photographs, right, because I personally only really know of only one scenario where this exists, yes it is in my local community but I think you should be aware other than the fact, right, okay that substantial amounts of money are occasionally involved, right, okay? The zoning usually is implemented, okay, hopefully to Page 67 March 27, 2007 Southold Town Board Boazd Meeting Minutes improve the quality of a community right, okay and that was the purpose of this intention originally, alright? Some people have said things change, right, I think one of the specific situations that I want to try to bring up here, right okay. Nassau Point was originally partitioned and developed, right and intended for weekend cottages, alright? Small, you know, residences, right okay, this changes, right okay. We go from small, you know, residences like this to a scenario, right, where right next to these cottages, right okay, we aze now building McMansions, alright. The use of the land does change. My concern is, right, that you don't go and create a blanket, you know, proposal right okay, which doesn't take this kind of thing into effect. Alright? Not only is this happening in one or two situations right, they aze building these things this big cheek by jowl, actually up to essentially minimum setbacks. So we have gone from small weekend cottages to this. Now this is specifically adjacent, right, to one of these contented properties, right. This pazticulaz piece of property, right okay, is going to affect not just the two adjacent properties, right okay, it is in a situation where it is going to affect nine surrounding properties. The problem is, right, that there are other houses right alongside, along the length of these properties, right, nine properties, right okay, are potentially going to have McMansions built in their backyards. This, right okay, is also going to happen right next to what I am told by one of my patients, was the cottage where Einstein wrote the letter to Roosevelt, alright. So you aze talking, right okay about a dramatic change, right okay, in a neighborhood which has existed right okay, I have lived in my present location for over 25 yeazs, alright. I knew these people very well. They used to have a Great Dane called Othello, they used to walk the property line in the evening, right okay, I used to talk to them over the fence. I offered actually to buy, they quote, the vacant lot. They denied, well, they said two reasons we can't sell it to you. Number one, they said it was worth more as one piece than it was as two pieces. The second thing was, right okay, we can't sell it to you, okay, because the garage for our house is in the back of the house and the driveway is on the adjacent property. Now, we come 25 yeazs later, right okay, to a situation, right okay, where somebody wants to change this. The question is, is it the spouse that wants to change this, is it the estate, the potential estate that wants to change this? Who wants to change this environment and why do they want to change it? I am sorry but I personally believe, okay, that the change that they are looking for in this environment, right, I want to make sure I have got the right one, you have got the driveway on one part, you have got the house on the other part, the only motivation, right okay, in separating these two plots is avazice. I am sorry, right okay. This isn't hardship, right okay, it is someone here looking simply, okay, to make a change here for money, alright? This family does not live in this community at the moment. Has got no interest in its preservation or future. If you create a blanket proposal here, right okay, to enable these separations, right okay, what you are really going to do, right okay, is you are not going to really, I believe, in every case solve everything. Right okay. In this particular situation, what is going to happen immediately is it is going to go right back to the ZBA, okay, because you can't separate them without more vaziances to get azound all these other problems. My request is this, I urge you not to use a sledgehammer. Right okay, when a scalpel is indicated. I think the original legislation was valid and I think it filled the intent of the electorate, right or tried to fill the intent of the electorate. Cases, right okay, are not all the same, alright. I think you find you need a forum, such as the ZBA right okay, and direct it appropriately, right okay so that each case is evaluated and resolved on its merits, right, and not write a blank check, right okay which is potentially going to cause as many problems as it is going to solve. Thank you. Page 68 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes COUNCILMAN EDWARDS: I have a question. The piece of land you aze referring to... DR. PASCOE: Yes? COUNCILMAN EDWARDS: Is it presently in the ownership of one person? SUPERVISOR RUSSELL: I can clazify. For the interest of clarity, in that particular case, the son, the father passed away. The property merged with the surviving mother. The house with the vacant lot. The mother has since been relocated, I believe, to a nursing home down south perhaps, and the son has been pursuing an exception to that lot, the waiver of merger law. The lot still remains in the mother's name, however. COUNCILMAN EDWARDS: Gotcha. So it does fall subject to this change. SUPERVISOR RUSSELL: Yeah. Now, that is a good example of how the ZBA, some time ago, would have been able to go out and evaluate the use of that lot to see if the intent really was to keep it single and sepazate. And in this case, they built a gazage, utilizing that lot for access. Where the ZBA in the old days could have said, you know, we don't see the intent here to keep this a single and sepazate lot. That has sort of been gone but... yeah, Rich? RICH BURDEN: My name is Rich Burden and I live in Mattituck, New York. I got a little education tonight because of some terms I never knew about with merging and situations like that. I am looking at this whole merger process, I am trying to understand what the benefit to the Town is. Because it is appearing to me that the Town is taking away people's values on their property. People that don't even know, you know, they thought they had this value and does the Town, does the merge really benefit the Town and what is that benefit, okay? Now, I am not a lawyer, I am just a regular guy going to work. Mr. Ross, you have been in my house, right? For graduation parties. Mr. Krupski, you have been to my house to look at DEC issues, etc. I have been paying taxes on separate and single lots there. My lot, next to my house is larger than the lot that my house is on. But it appeazs, according to the conversations that we have had here tonight that unless I go out and apply for a building permit, I have no idea whether I have got a sepazate or single lot and I have been paying taxes for 25 years on that separate and single lot. And that lot is in my name, the house is in my wife and my name but I am looking at that lot as a big retirement, part of my retirement. Now I could go out and try to build a house on that and you could tell me, hey, they have been merged for 25 years. I would have told you that you coulda had the lot. I wouldn't have paid any taxes for 25 years. Keep it. I don't need it. Just make sure you keep the grass mowed, okay? I mean, the situation is not good and I think that the Town, as a legislative body has an obligation to tell people what they have because you are kind of changing the laws here. When I read this page, with these six items or seven items on it, I have to tell you, I am bewildered. And I am not... SUPERVISOR RUSSELL: Rich. This law was done in 1994... MR. BURDEN: Okay. And I am going to go one step further, no one told me. I had no idea. Page 69 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes Yeah, it was advertised, I saw but I always thought, separate and single, I was cleared. SUPERVISOR RUSSELL: I think you came into me and I pulled out your cards at the time and realized that your particular case, based on the conveyance of those parcels that you would be excluded from the lot merger law. And there is a reason why your attorney at the time knew enough to put the house in yours and yoar wife's name... MR. BURDEN: Oh, I knew that. I did that. SUPERVISOR RUSSELL: Well, you knew enough then, you actually are someone who is real estate savvy, like I said earlier, that was protected from this law. Because you knew enough to do that. And I think your conveyance was back in the mid 70's or somewhere along those lines. MR. BURDEN: Yeah but I have to, I'll through a little oil on the fire, if you want to address this issue. You actually gave, because I researched this when 1 actually bought the house and I believe the attorney that I walked into at the time was Mr. Cron and Cron, those gentlemen. You actually, so you know how the Town was operating going back even further. The gentleman who built my house, Mr. Tuthill, built that house and built the house with the overhang of the roof on the other parcel before he even owned it. And when I asked about that, they said well, he knew he was going to buy that piece. And they bought it from two different people that had Queens addresses. Today, my house sits on my property line by two feet. Okay? When I went to Mr. Cron about this, his argument said no problem, they just, this is normal business in the town, you have ncthing to worry about. They take 15 feet down the middle and they make it no- man's land, okay, and so that both parties own both sides, okay, and again, I bought my house from a couple and I bought my lot from the estate of somebody and I sit here today and I am telling you, unless I go in and apply for a building permit right now, I really don't know that I truly have a single and separate lot. SUPERVISOR RUSSELL: You might have a good point. MR. BURDEN: There was one more thing. There is another issue here, you know, it gets a little technical with estates and stuff but the wife and I are out driving one night, many years from now, and it is still the same situation and I die instantly and she lingers for two weeks and then she dies. Now, are they merged? COUNCILMAN ROSS: If she does a deed during those two weeks and this law passes, they won't merge. MR. BURDEN: Okay. But you understand the problem, I mean, there is a lot of loopholes in this thing, I mean, it really comes down to right now, to be on the safe side for me, that I have to take this lot out of my name and put it in one of my kids name, to really protect our family. You know, which kid do I put it in? SUPERVISOR RUSSELL: I appreciate everything you are saying, Rich, I really do. And that was some of the concerns that I raised but these are concerns that needed to be raised 13 years Page 70 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes ago when the law was passed. That law has been part of the landscape for 13 yeazs now. Tonight they are actually discussing undoing part of that law. Not, getting back to addressing the fairness, the fundamental fairness of the original law, I think we need to have that discussion but tonight this law has been part of the landscape, that law where any damage that is done to your lot absent an encroachment, was done when the law was passed 13 years ago. You can't unring that bell. MR. BURDEN: But... SUPERVISOR RUSSELL: It is not tonight where we are going to take any action on that. MR. BURDEN: But even back then you had people that aren't real estate savvy... SUPERVISOR RUSSELL: I know. MR. BURDEN: That don't have that and I am trying to understand the overall benefit to the Town by doing this. For example, the recycle law keeps litter off the street, there is a benefit to it. Tell me what the benefit of merging really does. Are we saying that we aze going to build 50 less houses out here, is that what we are really saying? Is that really what we aze trying to do? We aze building 100 less houses or has some organization come to you and put a plan in effect and says if you kind of put these laws into place, we are going to keep 1,000 houses from being built? I don't understand... SUPERVISOR RUSSELL: It was done because the Town has zoning. It has zoning that has been the lay of the land since 1989 when the map was adopted. And how do you take these lots that were created prior to that zoning or prior to the zoning of the day and apply them? Because they were created under different standards a long time ago. We don't have 50 x 150 lots anymore because that is not suitable for the Town. We couldn't support that. Environmentally in terms of, we couldn't support that kind of, this lot merger law was designed to address those lots that had been created long before that master plan was adopted in 1989. What do you do, how do you recognize them, how do you not recognize them? So they put this criteria together on what would be considered single and separate and what would not be. And when they weren't single and separate, they put this safety valve in place to provide for a reasonable discretion be applied so that you can get your lot back. And I think the reason we are here tonight discussing this issue is because that safety valve has been clogged a little bit. MR. BURDEN: But, and I understand that now but if like Mr. Ross, you had a Brooklyn Eagle lot, the, okay, if you allowed that to be sold at that time and you designated that a building lot, then you have an obligation to that person who bought that, even if it was in 1920 and kid handed that law down, how can you take that value away from that individual and not let him continue to build that lot? You allowed it to be considered a building lot at that time, what you aze really looking to do is change the landscape of an entire community by upscaling, what do they call it, upzoning the community, by forcing it down some people's throats in a situation where maybe you let it go on previous and now all of a sudden it is coming back to bite you a little or it doesn't fit with your future plans and now you aze saying we don't want to allow that Page 71 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes anymore. COUNCILMAN ROSS: I don't think the community, the Town, really recognizes a lot as buildable until the building permit is issued. And I think what you said about your lot is correct. If you want to know, get a building permit. MR. BURDEN: Right. So then I got to go spend the money or do a single and sepazate check... COUNCILMAN ROSS: Which is what you need to get a building permit. MR. BURDEN: Well, okay but also, let's go back a step further. I don't want to build on my lot. I am hoping it stays like that for another 25 yeazs. I should know, my tax map is sepazate, it has got a separate tax map number, it, you know... COUINCILMAN ROSS: Rich, do a single and separate search. MR. BURDEN: Okay. SUPERVISOR RUSSELL: You know, I have got to tell you, Rich, you made a lot of good points tonight, they are just points that should have been raised when we were adopting a master plan in 1989, when we were passing the lot merger law in 1994. Those were the times. Tonight's law doesn't, just so you know, the proposal tonight on this doesn't restrict anything further, it actually releases some of that restriction. MR. BURDEN: The problem why I wasn't down here in 1994, was because I was paying taxes, I had three kids put through college and I was working 12 hours a day, okay? SUPERVISOR RUSSELL: I agree. MR. BURDEN: So that I could have the luxury to come here at 4:30 or 5:00 in the afternoon. I could never be able to do this 10 or 15 years ago. SUPERVISOR RUSSELL: I agree. There is too many people out there that are just too busy paying bills and they just hope that we aze in here doing the right thing and they don't have time to pay attention to every little detail. MR. BURDEN: In 1994 I was hoping you were doing the right thing. All I knew is what I had bought and where my future was going.... SUPERVISOR RUSSELL: Don't forget, a little bit in 1993 and 1994 you were taking the time to call me and yell over taxes. MR. BURDEN: What was that? SUPERVISOR RUSSELL: Don't forget about the times in '93 and '94 when you took some Page 72 Mazch 27, 2007 Southold Town Boazd Board Meeting Minutes time out to yell about your taxes. MR. BURDEN: True. And serve on the school boazd... SUPERVISOR RUSSELL: That's a lot. Quite a bit. Thanks, Rich. Would anybody else like to address us on this issue? Mr. Finora. JOE FINORA: Joe Finora, town of Mattituck. It seems like we are spinning a lot of wheels here. What benefit is the Town getting out of all of this? I am a dollazs and cents guy. One of the gentlemen that spoke before asked how many lots aze affected. And I see a few heads nodding up there like you don't know. You realize that we aze probably foregoing maybe a half a million dollars in tax revenues that we could be collecting, if you permitted some of these people to build on these parcels? I mean, has anyone considered that? Consider the additional tax revenues that it would generate. That coupled with the fact that if you want to be morally con•ect, you should refund the taxes that you aze collecting on property that you are deeming to be worthless. If you couple those two things together, you are probably talking about more than a half a million dollars. And everyone is crying budgets, budgets, budgets. I mean, let's look at that. The other thing is, you mention several times that people are not real estate savvy. I agree. These people in my opinion committed a major crime against themselves and the punishment that they aze getting is undue. And I think the Town has to revisit the whole situation and look at each situation on an individual basis. Also, you mentioned the relief provision, the relief valve. It too was not, you know, widely publicized. Just the people that were in the know or knew somebody in the Town or heard from a builder or whatever, they did it. But the other people didn't know. Right in this same room a few years ago, there was a big discussion about the zone change that took place up near the dump. SUPERVISOR RUSSELL: Yes. Church Lane. MR. FINORA: Church Lane. And here too, they all reached the conclusion that the people were not notified, that the zone was changed from residential to commercial. These are people, some of them probably can't read. I mean, they can't read the newspaper, they don't get the newspaper. Give them some kind of a notice. This hasn't been done. This is not something new. It happens in a lot of jurisdictions. It happens on the federal level, state level, city level. Where there is differences, where people don't comply for some reason or other; either ignorance of the law or whatever or just non-compliance. But what do they do? They have an amnesty period that is very well advertised, in the newspapers, on the radio, on television. It is very widely advertised and these people have a chance to comply during this amnesty period. Why don't the Town do that? I mean, these are all law-abiding, hazd working American citizens. And what you are telling them is, pay your tax and get out of here. That is what it amounts to. SUPERVISOR RUSSELL: Thank you very much, Joe. Anybody else like to come before the Town Board? JOYCE ORRIGO: My name is Joyce Orrigo. I don't really have anything new to add except what everyone else has said and these are sort of notes I typed up when I left work a few hours Page 73 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes ago. I am glad to see that there was some discussion and amendments being proposed to the merger law. I also don't believe it has gone faz enough. In my case, I inherited two lots, adjacent lots. One from my father, one from my aunt. When I went to sell them two years ago, I had a contract. When they did the single and separate search, it was found that they were merged, the contract fell through. I didn't know. There was no process of amnesty, no notification. I am still receiving two sepazate tax bills on these properties. We have been paying, this family has been paying taxes since 1966, I believe. 40 yeazs on two separate lots. And there has been absolutely no notification from the Town. Nobody knows. Real estates listed the two properties sepazately. They went to contract separately. And these are professional real estate people in your Town. COUNCILMAN WICKHAM: Are both lots unbuilt? MS. ORRIGO: Yes, they are both vacant lots in the Eastern Shores development in Greenport. This is a development of 150 half acre lots. Over 150 half acre lots from 1966, alright? This is a modest development. And now this property is merged and I can't sell it as one acre. Now, I don't know how you determine hardship but that is why my waiver was denied. And the reason you have these problems now is because the property is worth something. This is why all this stuff is happening. And I just think you have a responsibility, the Town has a responsibility. The lefr hand, the taxing hand needs to be able to notify your zoning hand. And you have a responsibility. The people who are paying taxes here. I have been levied, or my family has been levied for water, fire, library, school taxes on two separate lots. I am still levied on two separate lots, for over 40 years. COUNCILMAN WICKHAM: Are the levies more or less equal? MS. ORRIGO: To the penny. SUPERVISOR RUSSELL: And like I said earlier, had we joined those two lots, your levy would still be equal to the sum total of those two. The taxing distinction is not... MS. ORRIGO: That is fine, you aze allowed to... SUPERVISOR RUSSELL: When this law was passed I was Chairman of the Boazd of Assessors, at the time there was a request that the Assessors start merging these parcels. I wouldn't do that for several reasons. First it is not for the Assessor to determine what single and separate is, it is for other jurisdiction to determine. Secondly, it is really, if a homeowner holds the two separate deeds that they aze entitled to, I am allowed to take my backyard and convey out you know, one hundred squaze inch lots. Just the fact is, the Town doesn't have any obligation to recognize those lots and that is what the issue is here. So as an Assessor, it wasn't for me to decide your lot is no longer two lots, if it is now one I am going to put them together. And that is why the Assessors did not do the merger when this law was passed in 1994. On top of that, you wanted to define those as single and separate or at least distinguish them as separate lots so that you could have an application process to pursue through the Building Department and the Zoning Boazd of Appeals. Page 74 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes MS. ORRIGO: Which I did, and was denied. I agree because obviously something has gone wrong in your safety valve there. Because everyone assured me it is just a process you have to go through, make sure you hire a local lawyer and still denied. And denied on what grounds? One more house in Eastern Shores will make a difference? I don't buy it. I really don't. SUPERVISOR RUSSELL: You know, I agree with a lot of what you said but the economic hazdship here, what they were trying to address was an injured party who was on the lot. In your case, you just simply didn't inherit as much as you thought you might have. That would be, probably in any court, difficult to determine as an economic hardship. In other cases, we have widows who are waiting for that equity to live off of or to pay medical bills. MS. ORRIGO: I understand that but I think as everyone has mentioned here tonight, the whole thing has to be revisited a little bit not just this one little thing. SUPERVISOR RUSSELL: I agree with that. MS. ORRIGO: Thank you. MICHAEL MONGELLO: My name is Michael Mongello and my father gave me, inherited the lot on Albo Drive and Wells Road in Mattituck and now they tell me, I cannot sell it. And for what reason, my father paid and I am paying taxes on that for 35 yeazs. And I can't see why I can't sell it. And I have a heart condition and I need that money to take caze of me. And I can't see why youse people won't give me permission to sell it. And I don't know where I am going to wind up. In the street or in the nursing home and I need that money to take care of me. I got a very bad heart. I don't know what you people are going to do but I need to sell that piece of property to support me. And my father and I paid the taxes for the past 40 years. And I just cannot sell it. I understand I cannot sell it. And I paid a separate tax bill and it is conforming and they aze finding rigmazoles that I can't sell it. COUNCILMAN ROSS: Have you spoken to someone from the Town, sir? MR. MONGELLO: Have I spoken to someone? No, sir. No, sir. I could die right here and I don't know. Okay? And I want to know if I could sell it or not? Could you give me an answer? COUNCILMAN ROSS: No, but I am sure that if you brought your material in, someone from the Town would sit down... SUPERVISOR RUSSELL: I think, Joe, you have actually done a lot of research on this, haven't you Mr. Finora? MR. FINORA: I have done some (inaudible) SUPERVISOR RUSSELL: It is difficult to answer your particular question without looking at the deeds or the information. I would be happy to look at it for you. I am not an attorney but I Page 75 March 27, 2007 Southold Town Board Boazd Meeting Minutes have a reasonable understanding of the lot merger law. MR. MONGELLO: When can I see you? SUPERVISOR RUSSELL: Joe knows. Call me any day. MR. MONGELLO: Can I have your cazd? SUPERVISOR RUSSELL: Sure. I think I have talked to Joe about it 50 times. You just have to remind me. It has been a while. MR. MONGELLO: What? SUPERVISOR RUSSELL: You just have to remind me of all the facts. MR. MONGELLO: Oh, okay. SUPERVISOR RUSSELL: There was a lot line change on that, too, wasn't there? Conveyance? MR. MONGELLO: I don't know. SUPERVISOR RTJSSELL: That was one of the sticky problems. It wasn't really an original lot, it had changed because someone had conveyed out some of that lot. MR. MONGELLO: My father owned it. He took a piece of land from one piece and then he passed. What is it today, I can't understand. It is a big enough lot. SUPERVISOR RUSSELL: Come and see me. Joe, Mr. Finora, I am sorry. Bring him in, we'll sit down and we will go over the whole thing, okay? MR. MONGELLO: Alright. Thank you very much. SUPERVISOR RUSSELL: Just as a point of clarity, I see my mother here. My mother and my father have a very good estate plan for the kids. They are spending every dollaz that they have, so that there will be nothing to fight over. Would anybody else like to come up and address the Town Boazd? On this particulaz local law? This hearing was declazed closed at 623 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Set PH LL Buildable Lot Coverage 3/27/07 At 4:50 PM COMMENTS -Current Meeting: Hearing opened at 6:25 PM Page 76 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes COUNCILMAN WICKHAM: 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 Calculation of Lot Coveraee of Buildable Land "now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public heazing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27`n day of March, 2007 at 4:50 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to the Calculation of Lot Covera¢e of Buildable Land" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to the Calculation of Lot CoveraHe of Buildable Land". 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 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 pazcel shall first exclude lands that have been deemed unbuildable by our local laws from an environmental perspective. II. 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 afea which is covered by the building area. BUILDABLE LANDS -The area of a lot or parcel, not includin t~quaze footage of tidal and freshwater wetlands, land seaward of the coastal erosion hazard area line, beaches, bluffs, nrimarv 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. 0 > , III. SEVERABILITY Page 77 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes 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. As you probably know, in the residential districts in this Town and I guess all districts, there is a 20 percent lot coverage. It means that a building that you put up, the buildings that are put up on a piece of property should not exceed 20 percent of the area of the parcel. The question is, how do you define the area of the parcel? Is it the gross area of the parcel or is it the area that could be potentially determined as buildable? And the new pazagraph that we aze proposing as law reads as follows: The buildable lands should be defined as the area of the lot or parcel not including the square footage of tidal and fresh water wetlands nor lands seaward of the coastal erosion hazazd azea line, nor beaches, bluffs, primary dunes, secondary dunes or underwater lands. The terms `wetlands, beaches, bluffs and underwater lands' shall have the meaning set forth in Chapter 275, Wetland and Shoreline of the Code; `coastal erosion, etc' shall have the meaning set forth in Chapter 111. I should add that this definition of buildable lands is consistent with the definitions of buildable lands in the subdivision code where we subdivide property based on the area that is buildable, not the gross azea. I have several communications on this. It has appeared as a legal in the local newspaper, it has appeazed on the Town Clerk's bulletin boazd outside. A memo from Mark Terry dated March 27`h he is the LWRP coordinator, says `Based upon the information provided on this form and submitted to the depaztment as well as records available to me, it is my determination that the proposed action is consistent with the policies and standards and therefore is consistent with the LWRP.' A memo also dated March 27`h from Jerilyn Woodhouse, Chair of our Planning Board says `The Planning Boazd has reviewed the above referenced local law and supports the proposed changes to the definition of lot coverage, which is now defined as a percentage, which would be defined as a percentage of buildable lands existing on the lot covered by the building area. In addition, this local law will add the definition of buildable lands into the Zoning Code. The Planning Board supports the local law and finds that these changes will allow for the construction of residential buildings that are appropriately scaled relative to the size of a buildable area of a parcel. In addition, these changes to the Zoning Code aze consistent with the subdivision regulations.' A memo from the Suffolk County Department of Planning `Pursuant to the requirements of the Suffolk County Administrative Code, this application which has been submitted to the Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide impact.' That is all the communications in the file. SUPERVISOR RUSSELL: Would anybody like to come up to the Town Board? JOAN ROBBINS: My name is Joan Robbins. I want to speak in support of the amendment. I think what brought it on was the building of that gigantic blue house on New Suffolk Avenue and Meadow Lane. I live in New Suffolk and I have to tell you, there wasn't one person, for months and months and it still happens, coming into New Suffolk across that road who didn't Page 78 March 27, 2007 Southold Town Boazd Boazd Meeting Minutes accost me with `what is that building on the other side of the bridge?' Is it a motel, blankety- blank-blank-blank. How could the Town allow it? And I had to say, the Town could allow it because nothing in the regulations prohibited it. Now, it looked like a motel to me. So early on, I went to the Building Department and inquired. And the answer was and obviously the answer had been given any number of times, that is was a residence and it was within the 20 percent of the total acreage that was owned. The property owner owned 7 acres, most of it wetlands along the creek and was allowed to consider the entire 7 acres as buildable. Now appazently when the law changed, excluding wetlands from the building definition of buildable areas, people who, land that had been purchased prior to that didn't come under it. And apparently this owner had purchased the 7 acres prior to that change and therefore was allowed to have that called buildable. Now to me that was a travesty and this amendment, I think, is designed to fix that. And I know that there is some concern about property values, that the amendment might have a negative effect on some properties. But you know, we aze not guazanteed the dollar value of our properties by anybody. Certainly not the Town. It is not the Town's responsibility to do that. To guazantee the value of the wetlands is another matter entirely. And that is as future. That is our health as clean water, as the health of the mazine life and I think it is the responsibility of the Town to try to protect that future in so far as it can. And I hope that this will do that. What is the value of the wetlands? That is what there is to think about. I would hope that this amendment is passed and it will give the Building Department the mandate to define buildable land as truly buildable land, so we don't have anymore Meadow Lane cases. Thank you. SUPERVISOR RiJSSELL: Thank you very much. Pat Moore. PATRICIA MOORE: Just a quick comment. I would suggest that you take a couple of examples and see if they work before you adopt this, to make sure that you don't leave parcels with only a 400 squaze foot building envelope. Thinking about Long Island Sound, you have properties that are along Long Island Sound, they already have to be set back 100 feet from the bluff. You have a very small building envelope as it is. You might want to look and see when you stazt doing the numbers whether or not you still leave somebody an adequate building envelope, 2,000-3,000 square feet is a normal building envelope. A lot of the houses that is all they aze building but I think when you start doing the number crunching on non-buildable lands, you might find yourself creating more variances because now you have to go to the Zoning Board for lot coverage variance. Issue number two is, you are going to take out the buildable lands but what you also have to do is address the setbacks because when you, if you aze only going to use the buildable lands for creation of the lot, apply that acreage in setbacks because many of the lots, you might have 7 acres and you have to apply 120 front yard setback, 50 foot sideyazd setbacks and whatever on the reaz yard based on the lot size that is the schedule in the back of the code rather than what you are trying to incorporate with this, the buildable land scenario. So make the two conform so that we can avoid variances and not create situation which is, you know, you are trying to correct one thing but you might be creating a problem somewhere else. Thank you. SUPERVISOR RUSSELL: Thank you, Pat. Would anyone else like to come before the Town Boazd? Yes, Rich? Page 79 March 27, 2007 Southold Town Boazd Board Meeting Minutes RICH BURDEN: I guess I am kind of honored that you put both problems on the same night so I don't have to come back for a couple more years.... COUNCILMAN KRUPSKI: Oh, don't count on that. MR. BURDEN: Okay, thank you. Maybe you can just sort of educate myself and some of the people on meaning set forth in Chapter 275, Wetlands and Shoreline of the Town Code. What does that really mean? Where is the end, where does the water start and my land start? Is that just the tidal height or is there 10 feet back from that, is it 20 feet? In other words, I own a building lot, I guess, it is a quarter acre building lot, again, conforming to all azound me and because I am the only guy maybe on Ole Jule Lane who has chosen not to build a house on that lot, that again I have to find out whether I have that lot but SUPERVISOR RUSSELL: Well, if we didn't get you with the lot merger law, we are going to get with this one. MR. BURDEN: Yeah, right, right, right. Exactly. Right. Now, if I do make it past the building lot, the non-merger situation there, do I have a lot there? do I have a situation because of, in other words, how far back from the wetlands or the water are you coming back on my property to construct my envelope? Now, I have to tell you something, as much as I am against this law to a certain extent, I can see that there is a part of me next to me that does support this law because right next to my lot is a 50 foot piece that the Town took from us at one point and was going to make a boat ramp out of it. A man just bought it, it is sitting out there, it is only 50 feet wide but it is two acres under the water, so I understand how that lady just spoke, I would have a house on a 50 x 100 next to me but my lot wouldn't be buildable because he had two acres under water that he could count towards his, okay, so we have got some situations here that just, you know, okay? So I would be denied the opportunity to build on my house but the man could build on the 50 x 100. Okay? So, I just want to know where the water starts and ends, really. SUPERVISOR RUSSELL: There is, Albert should probably best answer this question. But I do know that there aze certain issues that need to be resolved. Is that vacant land bulkheaded? Because I think it would start back from the bulkheading. If it is not bulkheaded, than it is probably the mean high water mark. COUNCILMAN KRUPSKI: It would start from the vegetated wetland line. And as Pat Moore said, setbacks would have to change and the Town would have to be flexible on these smaller lots. MR. BURDEN: Okay. TOWN ATTORNEY FINNEGAN: The terms that are here, wetlands, beaches and bluffs, there is definitions of them in Chapter 275. MR. BURDEN: How long is that chapter? Is it a long chapter? Page 80 Mazch 27, 2007 Southold Town Board Boazd Meeting Minutes TOWN ATTORNEY FINNEGAN: The definitions are. The wetlands definitions aze. MR. BURDEN: Okay. I will go online and pick it out. I am not here to tie you up all night. TOWN ATTORNEY FINNEGAN: In there are the setbacks that tell you how faz back from the wetlands that you have to be. And those azen't changing. MR. BURDEN: Right. I understand. You aze just not including that part into, it is more for the land next to me than for my land right now. But just understand as a citizen I am coming forth to say that government is starting to encroach on me on many different corners and I don't want to lose what I already thought I had. That is probably my big concern for being here tonight. I thought I had something, I paid taxes, I went to work everyday for it and I just want to know that when I reach that certain age, that I still have it. And what happens is, when you keep passing laws like this, you are starting to, you know, you aze starting to take away something and if you don't get me on A then you get me on B and if I am not here for C, I could be, and I don't want to lose that, that is all. Just like, you people are all involved in deals, you buy stock, you own land as a farmer; you just want to know that you have what you thought you had, that is the point I am trying to make tonight. SUPERVISOR RUSSELL: Thank you, Rich. Would anybody else like to address the Town Board? CHRIS CONKLIN: My name is Chris Conklin, I also live on Ole Jule Lane, Mattituck. If I understand the law correctly, I have a house, it is just shy of an acre. It is 41,000 squaze feet. Fortunately, I bought it in 1999 and the way I understand it, I have 283 feet on the water and it is a pie shape. My understanding is, I would lose 100 feet in on that 283. SUPERVISOR RUSSELL: No. Not under this law. That was actually one of your neighbors came in to discuss that issue with me, Krudop, and it is not extinguishing the setback as non- buildable, only the natural features, the vegetated features. MR. CONKLIN: Non-buffer? COUNCILMAN KRUPSKI: No, no. All your upland would be included in your buildable. SUPERVISOR RUSSELL: That is right. COUNCILMAN KRUPSKI: Even if there is an imposed buffer, like there would be along your bulkhead, that would still be included in your buildable land. SUPERVISOR RUSSELL: Your calculation for buildable land. COUNCILMAN KRUPSKI: Because it is all upland. MR. CONKLIN: All the square of the total property? Page 81 Mazch 27, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: No. Because you are going to be removing the portion that is the vegetated, right, you are not removing the whole 100 feet from the setback from the water line. I know that buffer, the Trustees buffer. You are not removing that from your calculation. COUNCILMAN KRUPSKI: But you are bulkheaded there, con•ect? Okay, so anything from the bulkhead landward is included... MR. CONKLIN: As buildable. COUNCILMAN KRUPSKI: As buildable. MR. CONKLIN: If it is not under water? COUNCILMAN KRUPSKI: Con•ect. MR. CONKLIN: Okay. Thank you. THOMAS KALOGERAS: Hi my name is Thomas Kalogeras. We aze on the Long Island Sound. On the beach. Does that mean that it is up to the high water tide mark? Or up to the beach grass? TOWN ATTORNEY FINNEGAN: Wetlands. Whatever part of your property is wetlands or beaches or bluffs. That comes out of the calculations. SUPERVISOR RUSSELL: You live over there on Sound Drive? That little, it is mostly beach there. MR. KALOGERAS: On Sound Beach Drive. Yes. TOWN ATTORNEY FINNEGAN: So everything that is beach, as the definition of beach, comes out of the calculation for buildable area. MR. KALOGERAS: Okay. So does that consider the grass as well? COUNCILMAN KRUPSKI: You would have to get a determination from the Town Trustees. They would come down and give you a determination. And if you had questions, you would have to go to the state as well, they could help you also. MR. KALOGERAS: Okay. Thank you. One more, I am sorry. Did they pass the law yet? SUPERVISOR RUSSELL: No, that is what we aze....Curt? MR. KOCH: Okay. So I understand the legislation. The slope aspect of the old, if you exceeded the maximum slope, that is completely out of the legislation and there really is no Page 82 March 27, 2007 Southold Town Board Board Meeting Minutes where else in the code that... SUPERVISOR RUSSELL: Not addressed by this. That would be the drainage code? MR. KOCH: No. SUPERVISOR RUSSELL: Oh, the lot coverage? MR. KOCH: Just the buildable area. Used to say slopes exceeding 15 You took that out... COUNCILMAN KRUPSKI: That is right. MR. KOCH: I am happy to see that. Am I free from that anywhere in the code? COUNCILMAN KRUPSKI: I don't know if you are free from it anywhere, you are freed up here. TOWN ATTORNEY FINNEGAN: I think it still comes into play with subdivision and in other azeas but for lot coverage purposes, COUNCILMAN EDWARDS: But bluffs aze not in it. MR. KOCH: But lot coverage, but the, so there is no concept of, alright, I am satisfied with that answer. Thank you. As faz as, Joan, right? You were talking about a the house on New Suffolk? I mean, that really is almost a different issue. The problem there is the house is completely out of character... SUPERVISOR RUSSELL: Well, that is why laws why this are being proposed because people have lost the sense of scale. And that is why we are discussing this. COUNCILMAN KRUPSKI: And so on smaller lots, especially on wetland lots, the houses will be smaller. It would stay smaller. You know, if you have a large lot, you can build whatever you want. MR. KOCH: Right. UNIDENTIFIED: Inaudible SUPERVISOR RUSSELL: You know, I actually want to correct Joan a little bit because she said it is along the water. It is not, it is under the water. And that is the problem, you have seven acres there that visually, it might be a half an acre they are upland. I would even doubt they are that much. And that is what happened, that is why laws like this aze getting proposed, because people aze losing a sense of scale. And you have an environmental issue. They have to really come back in and say, you know, the Town Boazd feels an obligation to right that balance. But I agree with some of Pat's concerns and I raised them during the work session and I was assured Page 83 Mazch 27, 2007 Southold Town Board Boazd Meeting Minutes by this Boazd that should a lot become unbuildable because of the result of this law, that they would have to go to the ZBA and the ZBA would have to grant relief otherwise it would be a taking. COUNCILMAN KRUPSKI: That is why... UNIDENTIFIED: Can you put it on the record? Because 10 years from now, I will be here. COUNCILMAN KRUPSKI: And that is why, also, in the wetland code, there is flexibility built into that also. Just for those reasons. MR. KOCH: So I am in favor of the changes completely and I just want to say this because I don't come here as often as I probably should and I do find it very interesting, if I can get my one minute more, what is troubling me, one of the gentlemen talked about the encroachment, the govermnent, on property rights and whatnot, where, you know, when do we cross the line? What bothers me across the Board is that there doesn't seem to be a sense of encouraging people that have vacant land, to leave it vacant. Like, every time I read about a new code change, cause I have a vacant piece of land in Southold, I worry that oh, no, if I don't build now it is just going to get harder and hazder because maybe my lot is not perfect. Maybe it is not completely flat and whatever the case may be, so, no easy answer there but I just ask that there is some thought to not punishing the people that don't develop right now by making it, in some cases to the point where they can't even develop. And then when you talk, when Scott talks about the assessment of vacant properties, that is something that also bothered me for 10-15 years now; that land is even, that land that just sits is land is not used in a commercial way or an agricultural way is even taxed at all because it doesn't use any services. You know, I don't pay a lot on my vacant piece of land, whatever it is $1,200 or $1,400. But.... SUPERVISOR RUSSELL: I don't mean to sound glib, Curt, but you live on Nassau Point. This is an azea where we don't want to get down to vacant land valuation. But the state requires it, that is why we do it. The state tax law does. MR. KOCH: What I was leading towards, for the person who the $1,200 or $1,400 makes a big difference... SUPERVISOR RUSSELL: Yeah. Use it or lose it. MR. KOCH: Yeah. Right. Why, you know, why economically at some point you say, you know what, it makes more sense to build on this than to pay the taxes on the vacant land. Whatever the, however the economics come to that. I know, the $1,200 or $1,400 isn't a lot but I know I pay $2,500 on something else and I have been doing it for 10 yeazs and I am like, ouch, this hurts. At some point I should probably develop but I just don't want to develop it. I like it the way it is and my kids will get it. Just a couple of things to think about while I was here. Thank you. SUPERVISOR RUSSELL: Thank you, Curt. Anybody else like to address the Town Boazd? Page 84 Mazch 27, 2007 Southold Town Board Board Meeting Minutes ANNE MURRAY: I am Anne Murray from East Mazion, I am on the land use committee for the NFEC and I want to thank the Town Board for taking this up and pushing this because I think it is a great thing for the Town. As the lady from Cutchogue, I believe, was saying, New Suffolk, sorry; you know, we see these McMansions all over. I think it is bad for the Town, it is bad for the environment, it is bad for the neighbors. And by protecting the wetlands we are never going to be against that, obviously, and sometimes you know, property rights, you have to consider the rights of the rest of the Town, the Town as a whole as well and I think that is why laws like these aze being passed. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Pat? MS. MOORE: Just very quickly. You acknowledged that there was some consideration, that you don't want to leave behind an unbuildable parcel because of this lot coverage issue. If there is a limited size, once you reach a half acre, then it doesn't apply anymore because now you aze dealing with what is the minimum lot coverage that is permissible on a half acre lot and maybe 3,000 square feet, 3,500 square feet, whatever that number is there is a recognition that you may have eliminated everything but once you get to a certain point, somebody has got to put a normal, a decent size house on it and I would like to see you consider legislating it rather than and I know the argument, the one case that is a terrible case and what I understood and whether the newspaper is accurate or not, when they came up with lot coverage under that scenario, the Building Department actually did consider only the buildable aze. It just happened to be a very large lot and maybe you aze trying to address a problem that is mostly applicable to large lots, rather than to the small lots. And if that is the case, don't give me any more work to go to the Zoning Board, you know, let's deal with the problem. SUPERVISOR RUSSELL: I was going to ask you, do you think, I was worried about the 20% being a somewhat simplistic solution to a growing and legitimate problem. But if the setback issues were brought in, can we address this in a better, more surgical approach, like through setbacks that are hard and fast? Rather than... MS. MOORE: Oh, I think always it is better to address things so that you can eliminate the need for discretionary action. So if you can say that, you know, you know that there is a size lot that you have got a minimum building envelope, yeah, deal with it that way. COUNCILMAN WICKHAM: I think Scott's question is, MS. MOORE: Maybe I didn't understand it. COUNCILMAN WICKHAM: If I understand it, instead of doing this the way we have approached it, as a percent of buildable area, would it be better to approach it through setbacks? MS. MOORE: Well, I think you already do, I think it, it really is anon-starter. We have got waterfront property that has setbacks everywhere. We have zoning setbacks that already dictate Page 85 March 27, 2007 Southold Town Boazd Board Meeting Minutes sideyazds and so on, so I think this is a very unusual circumstance where lot coverage is a problem and it really only applies to the very lazge lots, where you have a lot that is a lazge lot with a lot of underwater land or natural features. I don't know, in that circumstance because it wasn't a waterfront piece of property, it may not have had setback issues from wetlands but every property I deal with that is a waterfront property has the limitations that those features create. So, lot coverage is rarely a problem. My problem is usually the opposite where, particularly in the Long Island Sound properties, where those features have always been eliminated because of setbacks from the bluff, I end up having to go in for vaziances for front and side yards because they are taking into account the acreage of the lot to the edge of the water, the mean high water mark, when in fact, three quazters of the property is non-buildable and your setbacks are being created by the natural features. So, I have the opposite problem. I would like you to address that more so than this issue because I think that the issue you aze addressing is really very limited. One bad case doesn't really justify such a tremendous law. SUPERVISOR RUSSELL: It has been more than one. That has been the celebrated one but certainly each community has brought to our attention issues that.... MS. MOORE: I don't receive the complaints, only, you know... Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Boazd on this? (No response) Heazing none, can I get a motion to close? Heazing was closed at 6:50 PM RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. Statement SUPERVISOR RUSSELL: Okay. We are thinking of setting aside the lot coverage issue, to visit the setbacks and other aspects. COUNCILMAN KRUPSKI: I don't think that the setbacks are as important on this waterfront lot because of the natural features, they aze all different. Whether it is the Sound, whether you have a beach, whether you have, you know, tidal wetlands, freshwater wetlands. SUPERVISOR RUSSELL: Would it be lawful if we put it off and have a thorough discussion in two weeks? COUNCILMAN WICKHAM: That is what we should do. SUPERVISOR RUSSELL: Okay. We aze going to put this on work session. COUNCILMAN ROSS: Put them both off? SUPERVISOR RUSSELL: You want to put them both off or do you want to vote on the... Page 86 March 27, 2007 Southold Town Board Boazd Meeting Minutes TOWN ATTORNEY FINNEGAN: The merger, I think we need to clear up the language. SUPERVISOR RUSSELL: We are, for the rest of us that have stayed, we aze going to put both of these local laws on for work session to cleaz up language regarding the lot merger law and also to discuss the issues of setbacks, sideyazds issues and if there is a better way to achieve those lot coverage issues. There might not be. We have the public hearing past us now so we can enact in two weeks if we have to but we want to have a thorough discussion on it. Yeah, next work session. That would conclude our business? Oh, would anyone like to address the Town Board on any issue? You aze looking well tonight, by the way. I am glad to see you are doing better. JOAN EGAN: Thank you very much. Joan Egan, East Marion. Okay, number one, has Joe Townsend been replaced.... COUNCILMAN WICKHAM: Has he been replaced in what manner? MS. EGAN: Well, he was representing East Mazion... COUNCILMAN WICKHAM: And he remains a stakeholder in the East Marion group, yes. MS. EGAN: Even though he is on the Planning Board? COUNCILMAN WICKHAM: Yes. He is also on the Planning Board. MS. EGAN: I think that should be changed. Definitely. COUNCILMAN EDWARDS: I disagree. MS. EGAN: You know, I had mentioned before, resolution 313 and I couldn't quite get it all together on the compost pile. Is that, are you still charging for that for the compost up there. COUNCILMAN WICKHAM: Yes. MS. EGAN: Yes? COUNCILMAN KRUPSKI: Yes. I think there is a free amount and then after the free amount.... SUPERVISOR RUSSELL: Residential homeowners aze entitled to a certain, set, free amount. Most of this payment, the pay scale, revolves commercial landscapers, etc. who buy it and use it in their landscaping business. MS. EGAN: Yeah. Now, have you had anymore feedback from the people living near there, with the, as far as the animals and the odor and all of that. Has that calmed down? Page 87 Mazch 27, 2007 Southold Town Boazd Boazd Meeting Minutes SUPERVISOR RUSSELL: I have feedback on a daily basis from a couple there. MS. EGAN: That figures. Okay, what about the disaster meeting. You haven't done anything about that since last fall. SUPERVISOR RUSSELL: We have an Emergency Management meeting set up for next week. MS. EGAN: Where? SUPERVISOR RUSSELL: That would be at the conference room right next to my office. Over here. MS. EGAN: Is it open to the public? SUPERVISOR RUSSELL: Absolutely. You can come and find out from Ruthanne tomorrow when it is on the schedule and you aze more than welcome to be there. MS. EGAN: Okay. Now, and let's do something to get that Joe Townsend off for us in East Marion. That is not right that he is on the Town Board, he has a buy out for his place over five yeazs so I think his whole nature has changed. The run-off soil is getting worse. Again, asking people to not use their cell phones and driving. It is getting worse on that and I haven't hit the horn so much but if I see one on their and I can get them, you know I will. And again, please let the police know if you see something, don't attempt to do it yourself. Tell a policeman or call up, they aze more than willing to listen to your story and you people who aze still in dreamland, come to court on Friday and you will protect us, won't you Mr. Ross? Bye bye. SUPERVISOR RUSSELL: Bye now. Thank you. Would anybody else? (No response) Can I get a motion to close? + ~ + + r /YG2G~ Elizaeville Southold Town Clerk Page 88