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HomeMy WebLinkAboutTB-04/10/2007 ELIZABETH A. NEVILLE TOWN CLERK Town Hall, 53095 Main Road PO Box 1179 Southold, NY 11971 Fax (631) 765-6145 Telephone: (631) 765 - 1800 southoldtown .northfork.net REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES April 10, 2007 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, April 10, 2007 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Attendee Name Organization Title Status Arrived Albert Krupski 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 South old Councilman Present Louisa P. Evans Town of South old Justice Present Scott Russell Town of South old Supervisor Present Elizabeth A Neville Town of South old Town Clerk Present Patricia A. FinneQan Town of South old Town Attorney Present I. Reports 1. Supervisor's Budget Report Month ended December 31, 2006 2. Supervisor's Budget January 2007 3. Supervisor's Budget February 2007 4. Justice Court - Bruer March 2007 Page I April 10, 2007 Southold Town Board Board Meeting Minutes 5. Program for the Disabled March 2007 II. Public Notices 1. Seasonal Liquor License Renewal with NYS Liquor Authority Fishers Island Country Club, Inc., Club House, Fishers Island 2. Seasonal Liquor License Renewal with NYS Liquor Authority Fishers Island Country Club, Inc., Beach House, Fishers Island 3. Application to Army Corps of Engineers Suffolk County Dept of Public Works to dredge with ten years maintenance and sand discharge for beach nourishment - Little Creek, Little Peconic Bay, East Cutchogue 4. Renewal of Summer Liquor License with NYS Liquor Authority Fishers Island Yacht Club 5. Spring 2007 Leaf and Brush Cleanup Cleanup begins April 16, 2007 in Laurel. Grace Period at the Disposal area will be April 14 through May 13,2007 6. Minor Alteration to Liquor Permit with NYS Liquor Authority Farmers Bar, Inc., 4805 Depot Lane, Cutchogue 7. Liquor License Renewal with NYS Liquor Authority Cutchogue Diner, Main Raod, Cutchogue III. Communications IV. Discussion 1. 9:00 AM - Melissa Spiro, John Sepenoski, Mark Terry AG PDDs 2. 10:00 AM - Jamie Richter Animal Shelter 3. Secretary of Ag Advisory Committee Councilman Edwards 4. Boat Ramp Fees and Ramps Page 2 April 10, 2007 Southold Town Board Board Meeting Minutes Councilman Krupski 5. Follow Up - L WRPffrustee Joint Meeting 6. A Local Law In Relation to Amendments to the Merger Law 7. A Local Law In Relation to Amendments to the Calculation of Lot Coverage of Buildable Land 8. Moorings In Peconic Bay Moorings for waterfront owners Mooring and non-mooring fields Administration of permitting process Parking Other 9. Request for Seminar Continuing education 10. Committee Term Expirations & Reappointments 11. Executive Session - Personnel Highway Department 12. Executive Session - Personnel Environmental Technician Job Description and Extension of Probation 13. Executive Session Board of Ethics Decision 14. P S D II V. Resolutions 1. Statement SUPERVISOR RUSSELL: Please rise and join with me in the Pledge of Allegiance to the Flag. Would anybody like to come to the microphone and address the Town Board on any item that appears on the agenda? John Nickles? JOHN NICKLES, JR.: Good evening everybody. John Nickles, Jr., Southold. Unfortunately I missed the public hearing on the proposed amendments to the merger law, so I would like to address that. I know the hearing is closed and I know that the Town Board may vote on it this Page 3 April 10, 2007 Southold Town Board Board Meeting Minutes evening but the first thing I would like you to ask is to consider my comments, possibly, before you decide to vote on it. So, I had to get a couple of different opinions because I didn't understand what the change was and as I understand it, the change is simply if you own a piece of property and you are a co-owner, whether you are a spouse or you are a brother or a sister and the co-owner of the property dies, it doesn't automatically get merged under your proposed as long as you are alive and then it reverts back to being merged. So you have the opportunity to sell the property or gift it to someone while you are still alive. COUNCILMAN WICKHAM: Yes. MR. NICKLES, JR.: Is that correct? COUNCILMAN KRUPSKI: That is right. MR. NICKLES, JR.: So I guess my question to you is, where does the Town Board get its authority to decide what a legal lot is, based upon who owns it? Because I don't see anything in lot recognition about what is recognized as a legal lot having anything to do with ownership. SUPERVISOR RUSSELL: Pat, do you want to address the issue? TOWN ATTORNEY FINNEGAN: John, I am trying to understand your question. COUNCILMAN KRUPSKI: It sounds like a trick question. MR. NICKLES, JR.: I thought this was a trick exception when I first read it. TOWN ATTORNEY FINNEGAN: Just so you know, number 6 is the addition, it is not underlined anywhere. MR. NICKLES, JR.: That is part of what was confusing but then I figured it out when I looked at the old code. TOWN ATTORNEY FINNEGAN: Okay. I don't understand your question. MR. NICKLES, JR.: If you go to 289, lot recognition and you look through the four things that say what a recognized lot is, they were all about when it was developed and you know, when the deed was recorded, prior to 1983 or after 1983, there were like three or four different scenarios where it was recognized as a lot or if it was approved by the Southold Town Planning Board or the Southold Town Board or the Board of Appeals. No where in here does it say and by the way, this applies to co-owners of property, this doesn't apply to any other type of heir, this doesn't apply to somebody who is going to buy the property down the line, so I am looking at this and I am thinking that this is fundamentally flawed because you have a situation that you are creating now that is saying, well, we accept property rights and recognize this lot as a lot that can be built upon and not merged by the law because you people own it under this circumstance. And I think that you have a problem here you should look into. Frankly, I don't think it is fair and I don't know how you can have a piece of real estate that expires upon somebody's death, which I think Page 4 April 10, 2007 Southold Town Board Board Meeting Minutes is what you are trying to add into this law. COUNCILMAN WICKHAM: John, can I paraphrase your question? MR. NICKLES, JR.: Sure. COUNCILMAN WICKHAM: The question as I heard it was by what authority can the Town zone property based on ownership? Was that the question that you had? MR. NICKLES, JR.: Yes. TOWN ATTORNEY FINNEGAN: I don't think they are zoning it based on ownership. What they are doing is they are, you can go in, if the properties have merged, you can go in and plead a hardship to have them unmerged. In this case, we are moving that hardship forward and making it an exception as opposed to having to go in and plead the hardship. It is something that you could possibly get based on ownership if you went to the Zoning Board and said, here is the hardship that I have and ask for the waiver. MR. NICKLES, JR.: Right but you are setting up the circumstance that says, look, we own it under these conditions so now our property rights are better than that guys over there. Do you think that that is fair? And I think that there is a fundamental problem with that. COUNCILMAN ROSS: I do. Merger occurs through in-common ownership of properties that are contiguous and I think it is clearly within the Town's power to say under certain circumstances, we are going to have an exemption to our merger law. The fact that we have a merger law suggests that there is that power and the zoning power is brought, the Town zoning power is brought under state law. MR. NICKLES, JR.: Okay. Then, perhaps, Mr. Ross, you can answer my follow-up question to that. If that is the case, than why is it more fair for this relationship scenario to have these property rights bestowed upon them than some other type of scenario? Where there is an inheritance or something. COUNCILMAN ROSS: I don't know what the other type would be. But this situation... MR. NICKLES, JR.: Well, any other ones besides these. So I will give you an example. COUNCILMAN ROSS: This situation has caused hardships in that people have brought properties and have actually owned them separately. So a husband and a wife or a brother and a sister or a couple and then one of them owns the one next door and there has been a death and as a result of the death, the lots merged. And it was brought up, Mrs. Moore brought up, nine months, ten months ago; a number of hardships that have occurred in that instance, to those people that were co-owners. And we thought, it is rather specific, it is rather narrow, but in this instance, we are trying to address that one hardship. Page 5 April 10, 2007 Southold Town Board Board Meeting Minutes COUNCILMAN WICKHAM: If your question is, are there other aspects or other considerations that might deserve exception also, and that might even be more fair for us to look at, in a work session this morning the Board agreed that there really are a lot of other angles that need to be looked into and if we do enact this law tonight, we also intend to look into the additional issues that were brought to our attention at the public hearing and tonight and at other times, so this is likely not to be the end of it. Where we go. MR. NICKLES, JR.: I would respectfully request that if you have an intention of broadening what is fair, to other property owners as well, that you continue to work on it and push it out to the next meeting at least. It would satisfy other people like myself and others that may not believe that this law is going to be looked at again. COUNCILMAN EDWARDS: First of all, the law is going to be looked at again but it was, speaking only for myself, I felt that Mrs. Moore made a particularly strong case and when we discussed it at repeated meetings, that when you have got a husband and a wife who bought the properties and they are merged through the virtue of the death of one or the other spouses that there was a much clearer case for hardship then in an inheritance situation where whoever inherited the property never actually laid out their own money for it. That is not to say, as Councilman Wickham has mentioned, that there are other areas that we should look at but we did, we have had I:xtensive discussion on this and this is one that stuck out like a sore thumb that I felt, at least, needed to be remedied more, as quickly as possible, that it was the most egregious unfairness built into the law. SUPERVISOR RUSSELL: I just want to say, this law, when it was passed in 1994 seemed to work reasonably well for some time and it hasn't over the past few years and I think we need to look at why, why we need to go and change a black and white law. Because people aren't, quite honestly, I believe at the ZBA level, exercising the discretion they should be and looking at the other aspects that they really should be community character. If you have 80 houses in a community and five lots left in a community of equal size, what, you know, as Richie Burden raised at the last meeting, what is the public benefit here at extinguishing those lots and I think those are fair questions. And although it is within the Town's authority to merge parcels because of the contiguous ownership of deeds, it is also within the Town's authority to pass 5 acre zoning but it is not fair. That is an issue here which I am really imploring upon this Board to revisit some of these aspects. The problem with this law is it did require and I keep using this term and I hate to sound trite but real estate savvy. The couple that bought the lot next to their house back in I960, if they were real estate savvy, they knew to put one owner on that. There is plenty of couples that didn't know any better, they were too busy working and paying bills every day to know that they were supposed to checkerboard their ownership. Real estate laws, you know, it is rather obscure, arcane language. So, to punish those people, not intentionally but inadvertently with this law is a shame and I am going to abstain from the vote tonight because I really believe if we pass this tonight that we are not going to get into the nuts and bolts of the problem. And I think that a ZBA that says no all the time, I remember 12 years ago, criticism that the ZBA was always saying yes to everything. Well, if you have a ZBA that is always saying no to everything, I think that Board is serving any better function. Neither Board would be serving, exercising good discretion. To always say yes or to always say no isn't the solution for a ZBA. Page 6 April 10, 2007 Southold Town Board Board Meeting Minutes It is not the role. MR. NICKLES, JR.: Fair enough. I would just like to make a couple more comments and I will be through with this issue. I think that philosophically this is how I look at it, I think that the merger law was flawed from the beginning and is something that you need to look at and consider, not just the changes that you made but what is the fundamental difference between a developed property and an undeveloped property? In this law, the only difference is, if you have 40,000 square feet and you have 40,000 square feet with at least an 850 square foot dwelling on it and I think that you have a lot of older communities where there are 50 foot wide lots and they might be 2/IOlh of an acre, 1I10lh of an acre and there are other lots that are next door that were never built upon and these people get penalized for not building on them and yet, if they can get an 850 square foot building envelope on the property, that should be a property that still has its property rights intact. I think that there are a number of things that you could do. You could look at your lot recognition and say, hey, we recognize this as a lot in the Town of Southold, this is not something that should be merged. If this is a lot that was not recognized by the Town of Southold, maybe it should have been merged. You know, there are other things that you could look at and say hey, if this property ever had approval of any Board agency of the Town of Southold including prior to 1957, you should recognize the lot and it has some rights. If it ever was approved for any type of permit by the Suffolk County Board of Health, I think it has some rights. And we are not talking about an undeveloped piece of property per se when you have a vacant lot sitting there. It came from a development process. It was a 20 acre piece or a 10 acre piece or a 100 acre piece and they carved these subdivisions out and it got some type of approval. It is a legal lot. This law undid all of that. It is actually worse than upzoning. It took not a right that you could have if you exercised it, it took something that you had and took it away completely. That is my philosophical view of it, you don't have to agree with it but I think there is something fundamentally unfair about the law the way it is, definitely. Any properties that would fall into conformities under the bulk schedule AA of the Town of Southold, you should recognize those properties. Any property that isn't smaller than the smallest improved lot in a neighborhood, you should recognize those properties. These properties all should have an opportunity to be unmerged, in my opinion. You know, you may go through that and tally up how many lots that actually affects and we may increase the density in the Town but think about this, this law was passed and you put more pressure on the undeveloped properties outside of subdivisions because, I don't know how many lots this law has merged since it was first put into place, maybe it is 100 maybe it is 200, maybe it is 500. That is a reduction in inventory of vacant land. Developed inventory. So you un develop properties and you put the pressure out on the farm belt, you put the pressure on the open space, on the undeveloped properties. Now there may be some properties that you know, for all intents and purposes shouldn't be built on because they have wetlands issues there. You know, they are just not good properties to develop and I understand that. But we have a code that addresses those properties. I really implore this Board to not vote on this tonight and look at this merger law a little more carefully and on a larger scale. And I think that a lot of residents in the Town would appreciate it and it would be a step forward with this Board. You can put a stamp on it as something that was very fair to do. Thanks. SUPERVISOR RUSSELL: Thank you. Would you like to address the Town Board? Page 7 April 10,2007 Southold Town Board Board Meeting Minutes EVA MARELIC: My name is Eva Marelic. I never spoke on the front of the Orient people but the issue that I came forward tonight is very strong issue. My husband and I, we bought the lot next to our house years ago, thinking when we move here, we sell the lot and this is our savings. Well, it didn't work that way. My husband got very ill and passed away two years ago. And then I found out that the lot merged, that I can't do nothing with that too. This is really unfair. I am thinking, if we didn't buy the lot, the house would be built there already. Someone would buy that. So, why is it me to be stuck? That is the only lot on the whole Bay Haven Lane, that it is not built. So what I do now? I have a small house, which is situated on the middle of the other lot. What do I do with the side lot? That I never planned to do anything with it. I just was planning to sell it, that was my savings. So, please tell me. Is there any chance that this lot does not merge? COUNCILMAN KRUPSKI: Well, that is what the proposed legislation would do. And I do agree with you and I do agree with the previous speaker, that this merger law had some problems and I for one, and I think the Board is committed after today's work session, to revisit, you know, every issue. MS. MARELIC: I really would appreciate it, if someone revisits... SUPERVISOR RUSSELL: I just want to clarify for the Town Board... MS. MARELIC: Yes. SUPERVISOR RUSSELL: Because I know the particular situation. That is her case, the house and the vacant lot were held in her and her husbands name, even prior to his death, so this particular law wouldn't actually grant relief to her this evening because the merger didn't take place on his death, the merger took place by virtue of the lot merger law when it was adopted. So, just to clarifY for the Board's edification. MS. MARELIC: But I didn't know nothing, we didn't know nothing about that. We didn't live here and the situation with him being very sick, we didn't pay much attention to anything else and then I find out, my neighbor hand me a paper, I was shocked. Since then, I am really very upset. SUPERVISOR RUSSELL: Did you go before the Zoning Board of Appeals to look for a waiver from the lot merger law? MS. MARELIC: I never vote for anything because we don't live here, we have no rights to vote. SUPERVISOR RUSSELL: No, you don't have to vote, you just have to go before the Zoning Board of Appeals. MS. MOORE: Maybe I can answer this. Page 8 April 10, 2007 Southold Town Board Board Meeting Minutes SUPERVISOR RUSSELL: Okay. MS. MOORE: They carne to me to ask for me to review a single and separate and that was within the last two years and based on the history of the Zoning Board denying any waiver or merger, it was a waste of time and a waste of their money, good money, to go for an application that I knew that the Zoning Board would deny, given the fact that they had denied very similar if not identical applications numerous times. So, you know, as far as your ability... MS. MARELIC: Okay. So she answered my question, you question. Well, if you want to ask me anything else, I would be glad to answer you but I wish someone walked down the block and see that is the only lot undeveloped and if we didn't hold onto that, probably somebody would be... COUNCILMAN KRUPSKI: Probably it would be developed. MS. MARELIC: It would be developed. So what does, what is the difference? How much difference it makes that one lot on the whole area, it is so unfair. Please don't vote on this tonight. Hold off and let people speak. COUNCILMAN EDWARDS: Well, you understand that all we are voting on tonight is to correct one thing in the law. . . MS. MARELIC: Okay. COUNCILMAN EDWARDS: But not to vote on correcting one thing in the law isn't necessarily going to, that isn't necessarily the solution. The solution is to look at the other aspects. MS. MARELIC: Okay. COUNCILMAN EDWARDS: But there is no reason not to fix one problem just because we were waiting to fix all problems and that is why I arn in favor of it because and as Councilman Krupski said, we are going to look at the other aspects but that doesn't mean we shouldn't vote to fix one thing at least. MS. MARELIC: Okay. Also, I want to point out that I always get separate tax bills for the lot and for the house, therefore, I never thought this would happen. I don't know who does these things and decides but the public didn't know much about until it carne in the paper. And my neighbor hand me the paper, I was shocked. I didn't know what to do. Well, that is all I have to say. Thank you for listening. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on any item as it appears on the agenda? Ms. Moore? PATRICIA MOORE: Thank you. You are correct that adoption of the first step is certainly a positive one. I have to say that the language that has been proposed took me three, four, maybe Page 9 April 10, 2007 Southold Town Board Board Meeting Minutes five times to read it because it is double negatives after negatives. Finally when I went back, I slowly read it again, I finally understood it. So, good luck on anybody trying to understand that but I do appreciate the effort. If I had, if we had a promise that you would address this immediately, urgently, not, this procedure took a year and a half of my pestering you to get it to this point. And I just don't know, maybe you don't have the support on the Board to get any further than this and that would be very sad. I like what was said before by Mr. Nickles and by the Supervisor. You have all, the new Board, have campaigned against upzoning. What has happened in this law and it is an upzoning because you have failed to correct the Zoning Board's actions. The Zoning Board, in their determinations and in their litigation and their defense of their decision making has interpreted the hardship, the financial hardship, such that we cannot get waiver of mergers. I give credit to Mr. Goehringer when he was Chairman of the Board, the complaint or the commentary is that everybody would get variances with respect to waiver/merger. I would say that that was the legislative intent. That the intent at the time was if you came in and you established that you were one of 100 half acre lots in the subdivision and you were maybe one out of five undeveloped lots in the subdivision, of course, you would be entitled to a waiver of merger. And those are the applications that were made. So if you want to see how the Board was properly addressing it, the number of applications, just look back at when Mr. Goehringer was Chairman because there weren't that many applications and there are still many more property owners that failed to identify the fact that it has been merged. The family that was here today, we only, because they came and they finally did some title search to find that out. Only discovered in the last two years. So, there may be other lots out there but it is not 500 lots. It is probably less than 200 lots. But is it fair to those very few lots to suffer for what was done in the number of years? And I am glad that she was as emotional as she was because that is what I have to face every time somebody comes to me to review one of these waiver of mergers. Dan, you don't do a lot of zoning work, you do mostly personal injury... no, you can't obviously. You don't have this headache. But if you had to face this issue on a regular basis, you become an advocate for it. I have no financial interest in this. I don't own a lot that is merged. I have absolutely no financial gain in this. It is people's, it is fairness for people. And everybody that has come to you and last hearing, I think you heard from your constituency that there are people out there that need your help. And it is high time that it be done. It has only been two years now that we have been waiting for some action, because it did take some time before one waiver merger application denied after another and I know you get the litigation papers because you get the Article 78's that are filed routinely and it is those cases that have led to this point in time today, which is that you have to fix it. It is just unfair to the whole community. In particular, people that have bought in subdivided, in subdivisions. It is time for some action and it shouldn't take another year and a half to get to another public hearing. COUNCILMAN WICKHAM: At the board this morning, we agreed that the Planning and Zoning Committee would take this up. There will be a meeting on it this month, the first meeting will be on it during April. There will probably be several meetings before we bring it back to the Town Board. You will have an opportunity to meet with us, I hope? MS. MOORE: I hope, if! know when the meeting is. COUNCILMAN WICKHAM: And so will other people who have a concern about it. Page 10 April 10, 2007 Southold Town Board Board Meeting Minutes MS. MOORE: Well, I am very glad about that. I appreciate your efforts. I know it is a debate you have among yourselves. Philosophically, you can just agree to disagree but I think you are dealing in a community where there are a lot of elderly people, inheritance and the state and the ability to preserve your property right and property rights in general is probably one of the strongest attributes of this community. And it has seemed to fallen by the wayside and I think it is time to put it back on the front burner and give regular folks the protection they deserve. We shouldn't just be protecting farmland and the farmers. We should be protecting everybody who has been paying taxes and been owning pieces of property with the really reasonable expectation of someday either giving it to their child to build their house or to sell it in order to pay for their continued care. We are not asking for a lot. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to address the Town Board on any issue? (No response) Hearing none, let's move forward. 2007-343 CATEGORY: DEPARTMENT: Audit Town Clerk Approve Audit Apri/lO, 2007 RESOLVED that the Town Board of the Town of South old hereby approves the audit dated April! O. 2007. ./ Vote Record. Resolution RES~2007~343 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-344 CATEGORY: DEPARTMENT: Set Meeting Town Clerk Set Next Meeting Apri/24, 20074:30 Pm RESOLVED that the next Regular Town Board Meeting ofthe Southold Town Board be held, Tuesday, April 24, 2007 at the Southold Town Hall, Southold, New York at 4:30 P. M.. Page 11 April 10, 2007 Southold Town Board Board Meeting Minutes ./ Vote Record - Resolution RES-2007-344 Yes/Aye NolNay Abstain Absent 6<1 Adopted Albert Krupski Jr. Voter 6<1 0 0 0 0 Adopted as Amended William P. Edwards Voter 6<1 0 0 0 0 Defeated Daniel C. Ross Voter 6<1 0 0 0 0 Tabled Thomas H. Wickham Seconder 6<1 0 0 0 0 Withdrawn Louisa P. Evans Initiator 6<1 0 0 0 Scott Russell Voter 6<1 0 0 0 2007-338 Tabled 3/27/20074:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enacl LL Merger WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27th day of February, 2007, a Local Law entitled, "A Local Law in relation to Amendments to the Merger Law", and WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law, at which time all interested persons were given an opportunity to be heard, now, therefore be it RESOLVED that the Town board of the Town of Southold determines that this Local Law is consistent with the L WRP; and further RESOLVED that the Town Board ofthe 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: LOCAL LAW NO. 10 OF 2007 BE IT ENACTED by the Town Board of the Town of Southold as follows: 1. 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 oftheir 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 ofthe Town of South old is hereby amended as follows: ~280-10. Merger. Page 12 April 10, 2007 Southold Town Board Board Meeting Minutes 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 I, 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 S280-9 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: (I) 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 SI00-12, Editor's Note: Former S I 00-12, Exceptions, was repealed 11-28-1995 by 1.1. No. 23- 1995, effective January I, 1996, the nonconforming lot has been held in single and separate ownership from July I, 1983 to date, or (4) If the lot is on the maps described in former S 100-12, the nonconforming lot has been held in single and separate ownership from January I, 1997, to date, [Amended 3-4-1997 by 1.1. No. 4-1997] or (5) Each lot is currently developed with a one-family dwelling with a minimum 850 square feet which falls within the existing lot lines and which has a certificate of occupancy or would qualify for one, [Added 3- 4-1997 by 1.1. 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 the adjoining lots, except that the lots shall not be held in common ownership after the death of the surviving co-owner. l11. 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. Page 13 April 10, 2007 Southold Town Board Board Meeting Minutes ./ Vote Record ~ Resolution RES-2007~338 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter 0 Ii'! 0 0 2007-339 Tabled 3/27/2007 4:30 PM 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 Coveral!:e of Buildable Land" and WHEREAS the Town Board of the Town of South old held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefore be it RESOLVED that the Town Board ofthe Town of South old determines that this Local Law is consistent with the L WRP; and further RESOLVED that the Town Board ofthe Town of South old hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to the Calculation of Lot Coveral!:e 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 Coveral!:e of Buildable Land". BE IT ENACTED by the Town Board of the Town of South old as follows: Page 14 April 10, 2007 Southold Town Board Board Meeting Minutes 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 parcel 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: S 280-4. Definitions. LOT COVERAGE - That percentage of the buildable lands existing on a lot area which is covered by the building area. BUILDABLE LANDS - The area of a lot or parcel. not including the square footage of tidal and freshwater wetlands. land seaward of the coastal erosion hazard area line. beaches. bluffs. primarv 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 III. Coastal Erosion Hazard Area. of the Town Code. BUILD;\BLE Lf.ND The aet area ef a let er pareel after dedlletiag wetlands, streams, peads, slsjles eyer 15%, \IAderwater land, eaaemems er ether restrietieas preveatiag use ef slleh land fer eoastruetiea sf BlIildiags sr develspmeat. 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. 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 after such date. .; Vote Record ~ Resolution RES-2007-339 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter 0 iii 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdmwn Louisa P. Evans Voter iii 0 0 0 Scon Russell Voter 0 iii 0 0 Page 15 April 10, 2007 Southold Town Board Board Meeting Minutes 2007-340 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Public Safety Dispatcher I Bryan Weingart to Attend Seminar on Crisis Call Handling In Riverhead. New York RESOLVED that the Town Board ofthe Town of South old hereby I!:rants permission to Public Safety Dispatcher I Brvan Weinl!:art to attend a seminar on crisis call handlinl!: in Riverhead. New York. Mondav. Julv 23 throul!:h Tuesdav. Julv 24. 2007. The registration fee is $295.00, to include all course training materials, which will be a legal charge to the 2007 Public Safety Communications line A.3020.4.600.400. Travel to be by Town vehicle. '" Vote Record - Resolution RES-2007.340 Yes/Aye No/Nay Abstain Absent Iil Adopted Albert.Krupski Jr. Voter Iil 0 0 0 0 Adopted as Amended William P. Edwards Voter Iil 0 0 0 0 Defeated Daniel C. Ross Initiator Iil 0 0 0 0 Tabled Thomas H. Wickham Yoter Iil 0 0 0 0 Withdmwn Louisa P. Evans Seconder Iil 0 0 0 Scott Russell Voter Iil 0 0 0 2007-341 CATEGORY: DEPARTMENT: Grants Land Preservation Federal Grant Submission for Land Preservation RESOLVED that the Town Board of the Town of Southold hereby authorizes submission of a 2007 proposal to the United States Department of Al!:riculture (USDA) Natural Resources Conservation Service (NRCS). administerinl!: on behalf of the Commodity Credit Corporation. whereby the Town of Southold proposes a cooperative effort to acquire the development rights to agricultural properties which have been submitted by their owners to the Land Preservation Committee of the Town of Southold for sale of such rights to the Town of Southold, in accordance with the terms of the Fiscal Year 2007 Farm and Ranch Lands Protection Program (FRPP). Page 16 April 10, 2007 Southold Town Board Board Meeting Minutes ,/ Vote Record - Resolution RES--2007-341 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-342 CATEGORY: DEPARTMENT: Budget Modification Town Attorney Town Board Budgel Modification RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budl!:et as follows: To: AIOI0.4.500.700 Town Board, Fee for Service, Non-Employee $1,604.00 From: A.1990.4.1 00.1 00 Contingencies $1,604.00 ./ Vote Record - Resolution RE8-Z007-342 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-345 CATEGORY: DEPARTMENT: Budget Modification Solid Waste Management District Budget Mods: Fencing, Tires RESOLVED that the Town Board ofthe Town of Southold hereby modifies the 2007 Solid Waste Manal!:ement District budl!:et as follows: From: SR 8160.4.400.805 SR 9901.9.000.100 MSW Removal Transfers To Capital Fund $ 32,000 $ 10,000 Page 17 April 10, 2007 Southold Town Board Board Meeting Minutes To: SR 8160.2.500.700 SR 8160.4.100.525 Transfer Station Improvements Tires - Payloader/Truck $ 37,000 $ 5,000 ./ Vote Record - Resolution RES-2007-34S Yes/Aye NolNay Abstain Absent 0'1 Adopted Albert Krupski Jr. Initiator 0'1 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0'1 0 0 0 0 Defeated Daniel C. Ross Voter 0'1 0 0 0 0 Tabled Thomas H. Wickham Voter 0'1 0 0 0 0 Withdmwn Louisa P. Evans Voter 0'1 0 0 0 Scott Russell Voter 0'1 0 0 0 2007-346 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Detective Steven Hamed to Attend 2007 TASER Conference In Chicago, Illinois From July 8 Through July 10. 2007 RESOLVED that the Town Board of the Town of Southold hereby erants permission to Detective Steven Harned to attend a 2007 Taser Conference in Chicaeo. Illinois. commencine on Sunday. Julv 8 throueh Tuesdav. Julv 10.2007. 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 - ResolutioD RES-2007-346 Yes/Aye NolNay Abstain Absent 0'1 Adopted Albert Krupski Jr. Seconder 0'1 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0'1 0 0 0 0 Defeated Daniel C. Ross Voter 0'1 0 0 0 0 Tabled Thomas H. Wickham Voter 0'1 0 0 0 0 Withdrawn Louisa P. Evans Voter 0'1 0 0 0 Scott Russell Voter 0'1 0 0 0 2007-347 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept Bidfor Dump Trucks - Highway RESOLVED that the Town Board ofthe Town of Southold hereby approves the bid of Gabrielli Truck Sales for the purchase of two (2) 2007 SterIine Acterra. six-wheel heavy duty trucks equipped with Godwin U-300 dump bodies. in the amount of $59.847.64 each Page 18 April 10, 2007 Southold Town Board Board Meeting Minutes [for a total of$119,695.28], for use by the Highway Department and subject to approval by the Town Attorney. FURTHER RESOLVED that the appropriation line to be charged is as follows: DB.5130.2.300.200. ./ Vole Retard - Resolution RES-2007-347 Yes/Aye NolNay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Seconder ItI 0 0 0 0 Defeated Daniel C. Ross Initiator ItI 0 0 0 0 Tabled Thomas H. Wickham Voter ItI 0 0 0 0 Withdrawn Louisa P. Evans Voter ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2007-348 CATEGORY: DEPARTMENT: CloselUse Town Roads Town Clerk Grant Permission to the Southold Village Merchants to Hold Its Tenth Annual Fourth of July Parade on Wednesday, July 4,2007 At 11:00 AM RESOLVED that the Town Board of the Town of Southold hereby l!:rants nermission to the Southold ViIlal!:e Merchants to use the followinl!: roads for its Tenth Annual Fourth of July Parade on Wednesday. July 4. 2007 beginning at 11:00 AM: Boisseau Avenue along the Main Road to Tuckers Lane, Southold, 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 the approval of this resolution, to coordinate traffic control. .t' Vote Record - Resolution RES-2007-348 Yes/Aye NolNay Abstain Absent ItI Adopted Albert Krupski Jr. Voter ItI 0 0 0 0 Adopted as Amended William P. Edwards Voter ItI 0 0 0 0 Defeated Daniel C. Ross Voter ItI 0 0 0 0 Tabled Thomas H. Wickham Seconder ItI 0 0 0 0 Withdrawn Louisa P. Evans Initiator ItI 0 0 0 Scott Russell Voter ItI 0 0 0 2007-349 CATEGORY: DEPARTMENT: CloselUse Town Roads Town Clerk Grant Permission to the Mattituck Chamber of Commerce to Hold Its Annual Mattituck Street Fair and to Close Down Love Lane and Pike Street, East and West of Love Lane. Mattituck on Saturday July 7, 2007 (RID July 8) From 8:00 AM to 4:30 PM Page 19 April 10, 2007 Southold Town Board Board Meeting Minutes RESOLVED that the Town Board of the Town of Southold hereby e:rants permission to the Mattituck Chamber of Commerce to hold its Annual Mattituck Street Fair and to close down Love Lane and Pike Street. east and west of Love Lane. Mattituck on Saturdav Julv 7.2007 (rId Julv 8) from 8:00 AM to 4:30 PM 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 notification of the approval of this resolution, to coordinate traffic control. -/ Vote Record - Resolution RES-2007-349 Yes/Aye No/Nay Abstain Absent Ii:! Adopted Albert Krupski Jr. Voter Ii:! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii:! 0 0 0 0 Defeated Daniel C. Ross Voter Ii:! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii:! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii:! 0 0 0 Scott Russell Voter Ii:! 0 0 0 2007-350 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Accept John Deere Tractor Bid RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of LaCorte Farm & Lawn Equipment of Calverton. New York. for the purchase of one (1) 2007 John Deere 5525 Tractor. with enclosed cab. equipped with a rie:ht-side arm flail mower. in the amount of$52.100.00. for use by the Southold Town Highway Department and subject to the approval of the Town Attorney. The Appropriation line to be charged is H.5130.2.300.l00. ./ Vote Record - Resolution RES-2007-350 Yes/Aye No/Nay Abstain Absent Ii:! Adopted Albert Krupski Jr. Initiator Ii:! 0 0 0 0 Adopted as Amended William P. Edwards Seconder Ii:! 0 0 0 0 Defeated Daniel C. Ross Voter Ii:! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii:! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii:! 0 0 0 Scott Russell Voter Ii:! 0 0 0 2007-351 CATEGORY: DEPARTMENT: Bid Acceptance Highway Department Page 20 April 10, 2007 Southold Town Board Board Meeting Minutes Accept Excavator Bid RESOLVED that the Town Board of the Town of South old hereby accents the bid ofTRIUS. INC.. of Bohemia. New York. for the nurchase of one (1) 2001 Hvundai Model R 200W-3 Rubber Tire Hvdraulic Excavator in "like-new" condition (Demonstrator Machine), in the amount of $95.000.00. for use by the Southold Town Highway Department and subject to the approval of the Town Attorney. The appropriation line to be charged is H.5130.2.300.200. ./ Vote Record - Resolution RES-2007-3S1 Yes/Aye No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Seconder iii 0 0 0 0 Adopted as Amended William P. Edwards Initiator iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter iii 0 0 0 2007-352 CATEGORY: DEPARTMENT: Budget Modification Highway Department Budget Modification-Highway 2007 RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 Hie:hwav Fund Part Town bude:et as follows: To: DB.5130.2.300.100 From: DB.5130.2.300.200 DB.5142.2.400.200 Machinery Equipment & Capital Outlay Motor Vehicles Light Duty Vehicles $52,100.00 Machinery Equipment & Capital Outlay Motor Vehicles Heavy Duty Vehicles Snow Removal Equipment Industrial Equipment Snow Equipment $50,304.72 $1,795.28 Page 21 April 10, 2007 Southold Town Board Board Meeting Minutes ./ Vote Record - Resolution RES-2007-352 Yes/Aye No/Nay Abstain Absent ii:I Adopted Albert Krupski Jr. Voter ii:I 0 0 0 0 Adopted as Amended William P. Edwards Voter ii:I 0 0 0 0 Defeated Daniel C. Ross Initiator ii:I 0 0 0 0 Tabled Thomas H. Wickham Seconder ii:I 0 0 0 0 Withdrawn Louisa P. Evans Voter ii:I 0 0 0 Scott Russell Voter ii:I 0 0 0 2007-353 CATEGORY: DEPARTMENT: Attend Seminar Police Dep! Grants Permission to Police Officer William Brewer to Attend a One Day Seminar In Hicksville, New York on May 3, 2007 RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission to Police Officer William Brewer to attend a one day seminar presented bv the NVS Fraternal Order of Police on "Bevond the Basics: How to Expand V our Ril!:hts & Power Within the School Zone" in Hicksville. New Vork. on Thursdav. Mav 3, 2007. All expenses for registration and miscellaneous expenses to be a legal charge to the 2007 Police Budget DARE training line (A.3157 .4.600.200). Travel to be by Town vehicle. ./ Vote Record - Resolution RES-2007-353 Yes/Aye No/Nay Abstain Absent ii:I Adopted AlbertK.rupski Jr. Voter ii:I 0 0 0 0 Adopted as Amended William P. Edwards Voter ii:I 0 0 0 0 Defeated Daniel C. Ross Voter ii:I 0 0 0 0 Tabled Thomas H. Wickham Seconder ii:I 0 0 0 0 Withdrawn Louisa P. Evans Initiator ii:I 0 0 0 Scott Russell Voter ii:I 0 0 0 2007-354 CATEGORY: DEPARTMENT: Close/Use Town Roads Town Clerk 9Th Annual Mighty North Fork Triathlon 7/8/07 RESOLVED that the Town Board of the Town of Southold hereby l!:rants permission for the "9th Annual Mil!:htv North Fork Triathlon" sponsored by Event Power for the benefit of Cornell Marine Science Center and Rick Shalvey's Row for a Cure (Breast Cancer Research), on Sunday, Julv 8, 2007 for its "8th Annual Mighty North Fork Triathlon", at Cedar Beach Park, Southold, New York, to use the following roads: Cedar Beach Road Paradise Point Road Main Bayview Road Jacobs Lane N. Bayview Road Brigantine Drive Page 22 April 10, 2007 Southold Town Board Board Meeting Minutes Harbor Light Road Windjammer Drive Anchor Lane Dayton Road North Parish Drive Pine Neck Road Baywater Avenue South Harbor Hiawathas Path Nokomis Road Minnihaha Blvd. Longview Lane Wateredge Way Rambler Road Page 23 provided they file with the Town Clerk a One Million Dollar Certificate ofInsurance naming the Town of Southold as an additional insured and secure permission from Suffolk County Parks, Recreation and Conservation for their use of Cedar Beach Park; and applicant must contact Capt. Flatley to coordinate traffic control upon notification of the adoption of this resolution. -/ Vote Record - Resolution RES-2007-354 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-355 CATEGORY: DEPARTMENT: Bid Acceptance Public Works DPW - Commercial Van RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Ramp Chevrolet to supply the town with a 2007 Commercial Cutaway Van Chassis. with Trademaster Body in the amount of $32,478, for use by the Department of Public Works, all in accordance with the Town Attorney, said vehicle to be charged to Buildings & Grounds appropriation account number A. 1620.2.300.200 (Trucks). .;' Vote Record - Resolution RES-2007.3SS Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-356 CATEGORY: DEPARTMENT: Authorize to Bid Public Works Recreation Center Improvements RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for "Southold Town Recreation Center Improvements _ Roof. Sidine. Windows and Doors". in accordance with the plans and construction specifications prepared by L.K. McLean Associates. P.C. Page 24 ./ Vote Record ~ Resolution RES-2007~3S6 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-357 CATEGORY: DEPARTMENT: Attend Seminar Police Dept Grant Permission to Police Officers William Brewer and Thomas Hudock to Attend a NYS Juvenile Officers Training Conference - Lake Placid, New York RESOLVED that the Town Board of the Town of Southold hereby erants permission to Police Officers William Brewer and Thomas Hudock to attend a Juvenile Officers Advanced Trainine Conference commencine Mondav. Aueust 27 throueh Fridav. Aueust 31. 2007 in Lake Placid. New York. All expenses for registration, travel and lodging to be a legal charge to the 2007 Police Budget DARE training line (A.3l57.4.600.200). Travel to be by Town vehicle. ./ Vote Record - Resolution RES~2007~3S7 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'I 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-358 CATEGORY: DEPARTMENT: Budget Modification Public Works Park Improvements - Budget Modification RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 General Fund Whole Town budeet as follows: APPROPRIATIONS: TO: Page 25 A.1620.2.500.375 Building & Grounds, Capital Outlay, Town Beach Asphalt $32,000. AI620.2.500.825 Buildings & Grounds, Capital Outlay, Cochran Park $10,000 FROM: A.1620.2.500.350 Building & Grounds, Capital Outlay, McCabe's Guardrail $55,000 REVENUES: FROM: A2025.00 Special Recreation Facility, Park & Playground Funds $13,000 .,. Vote Record - Resolution RES-2007-3S8 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'I 0 0 0 Scott Russell Voter Ii'I 0 0 0 2007-359 CATEGORY: DEPARTMENT: Budget Modification Human Resource Center Budget Modification - Human Resource Center RESOLVED that the Town Board of the Town of Southold hereby modifies the 2007 General Fund Whole Town budeet as follows: From: Appropriations: A6772.1.200.100 Programs for the Aging Personnel Services Part-Time Regular Earnings $6,500.00 To: Appropriations: A6772.I.100.200 Personnel Services Overtime Earnings $6,500.00 ./ Vote Record - Resolution RES-2007-359 Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter 6'1 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 Page 26 2007-360 CATEGORY: DEPARTMENT: Budget Modification Public Works DPW - Budget Modification RESOLVED that the Town Board of the Town of South old hereby modifies the 2007 General Fund Whole Town. Buildinl!:s & Grounds budl!:et as follows: From: A.1620.2.300.200 Vehicles $5,000 To: A.1620.2.500.700 Yard Maintenance Equipment $5,000 '" Vote Record - Resolution RES-2007-360 Yes/Aye NolNay Abstain Absent "' Adopted Albert Krupski Jr. Initiator "' 0 0 0 0 Adopted as Amended William P. Edwards Voter "' 0 0 0 0 Defeated Daniel C. Ross Voter "' 0 0 0 0 Tabled Thomas H. Wickham Voter "' 0 0 0 0 Withdrawn Louisa P. Evans Seconder "' 0 0 0 Scott Russell Voter "' 0 0 0 2007-361 CATEGORY: DEPARTMENT: Employment - Town Accounting Perm Appoint John Sepenoski RESOLVED that the Town Board of the Town of Southold hereby permanentlv appoints John Sepenoski to the position of Technical Coordinator 11 from the Suffolk County Department of Civil Service Certification of Elil!:ibles effective immediatelv, salary to remain the same. Page 27 .t' Vote Record - Resolution RES-2007-361 yes/Aye NoiNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Initiator 6'1 0 0 0 0 Defeated Daniel C. Ross Voter 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'I 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'I 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-362 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Appoint John McVeigh PT Deckhand FI RESOLVED that the Town Board ofthe Town of Southold hereby appoints John T. McVeil!h to the position of a part-time deckhand for the Fishers Island Ferry District, effective April 4,2007, at a rate of $10.00 per hour. .t' Vote Record - Resolution RES-2007-362 Yes/Aye NofNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter 6'1 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Initiator 6'1 0 0 0 0 Tabled Thomas H. Wickham Voter 6'1 0 0 0 0 Withdrawn Louisa P. Evans Seconder 6'1 0 0 0 Scott Russell Voter 6'1 0 0 0 2007-363 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Appoint MICHAEL C. VOLINSKI to the Position of Full-Time Labor Crew Leader for the Southold Town Highway Department RESOLVED that the Town Board of the Town of Southold hereby appoints MICHAEL C. VOLINSKI to the position offull-time Labor Crew Leader for the Southold Town Hil!hwav Department. effective April 12. 2007. at a rate of $26.9969 per hour. .t' Vote Record - Resolution RES-2007-363 0 Adopted Yes/Aye NofNay Abstain Absent Albert Krupski Jr. Seconder Ii'I 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'I 0 0 0 0 Defeated Daniel C. Ross Voter Ii'I 0 0 0 6'1 Tabled 0 Withdrawn Thomas H. Wickham Voter 6'1 0 0 0 Next: Apr 24, 2007 4:30 PM Louisa P. Evans Initiator 6'1 0 0 0 Scott Russell Voter Ii'I 0 0 0 Page 28 2007-364 CATEGORY: DEPARTMENT: Bid Acceptance Public Works Used Vehicle - DPW RESOLVED that the Town Board of the Town of South old hereby accepts the bid of Donald Grim. PO Box 300. Cutchol!:ue, NY in the amount of$129. for a used, 1988 Dodge 3 yard Dump Truck, Fleet #PW3. 'II' Vote Record - Resolution RES.2007.364 Yes/Aye NolNay Abstain Absent '"' Adopted Albert Krupski Jr. Voter '"' 0 0 0 0 Adopted as Amended William P. Edwards Voter '"' 0 0 0 0 Defeated Daniel C. Ross Voter '"' 0 0 0 0 Tabled Thomas H. Wickham Initiator '"' 0 0 0 0 Withdrawn Louisa P. Evans Seconder '"' 0 0 0 Scott Russell Voter '"' 0 0 0 2007-365 CATEGORY: DEPARTMENT: Employment - FIFD Accounting Hire John McElligott FI Ferry District Pt Deckhand RESOLVED that the Town Board of the Town of Southold hereby appoints John McEIlil!:ott to the position of a part-time Deckhand for the Fishers Island Ferry District, effective April 4, 2007, at a rate of$IO.OO per hour. ,/ Vote Record - Resolution RES-2007-365 Yes/Aye NolNay Abstain Absent '"' Adopted Albert Krupski Jr. Initiator '"' 0 0 0 0 Adopted as Amended William P. Edwards Seconder '"' 0 0 0 0 Defeated Daniel C. Ross Voter '"' 0 0 0 0 Tabled Thomas H. Wickham Voter '"' 0 0 0 0 Withdmwn Louisa P. Evans Voter '"' 0 0 0 Scott Russell Voter '"' 0 0 0 2007-366 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to the Agreement with Cornell Cooperative Extension In Connection with the NYS Department of State Grant #C-00647I for Stormwater Management, Which Amendment Extends the Fundingfor This Agreement to March 31, 2008 Page 29 RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an Amendment to the Ae:reement with Cornell Cooperative Extension in connection with the NYS Department of State Grant #C-006471 for Stormwater Manae:ement. which amendment extends the fun dine: for this ae:reement to March 31. 2008, subject to the approval of the Town Attorney. 0/ Vote Record - Resolution RES-2007-366 Yes/Aye NofNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-367 CATEGORY: DEPARTMENT: Contracts, Lease & Agreements Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment to Agreement #C-006355 In Connection with the Implementation of the Town ofSouthold's Local Wateifront Revitalization Program, Which Amendment Extends the Fundingfor This Agreement to March 31, 2008 RESOLVED that the Town Board of the Town of South old hereby authorizes and directs Supervisor Scott A. Russell to execute an Amendment to Ae:reement #C-006355 in connection with the implementation of the Town of Southold's Local Waterfront Revitalization Proe:ram. which Amendment extends the fundioe: for this Ae:reemeot to March 31. 2008, subject to the approval ofthe Town Attorney. ./ Vote Record - Resolution RES-2007-J67 Yes/Aye No/Nay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-368 CATEGORY: DEPARTMENT: Authorize to Bid Town Clerk Rebid Animal Shelter HVAC Page 30 RESOLVED that the Town Board of the Town of South old hereby authorizes and directs the Town Clerk to advertise for re-bid for the HV AC construction within the new Southold Town Animal Shelter. " Vote Record - Resolution RES-2OO7-368 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter 0 Ii'! 0 0 0 Adopted as Amended Will iam P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Widcham Seconder Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Initiator Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-369 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint John Sepenoski and Reappoints Christian Baiz and Douglas Cooper to the Agricultural Advisory RESOLVED that the Town Board of the Town of South old hereby appoints John B. Sepenoski Jr. and reappoints Christian Baiz and Doul!:las Cooper to the Al!:ricultural Advisorv, effective through March 31, 2010. ./ Vote Record - Resolution RES-2007-369 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Voter Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-370 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk ABTF Reappointments RESOLVED that the Town Board of the Town of South old hereby appoints Addae L. Watson and reappoints Merle LevineandValerie Shelbv to the Anti-Bias Task Force, effective through March 31, 2010. Page 31 ./ Vote Record - Resolution RES~2007-370 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Initiator 0 0 0 0 0 Adopted as Amended William P. Edwards Seconder 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-371 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint Elizabeth Thompson As an Architect to the Architectural Review Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Elizabeth Thompson as an Architect to the Architectural Review Committee, effective through March 31,2010. .t' Vote Record - Resolution RES-2007-371 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski k Seconder 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Voter 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-372 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint James C. Eckert and Jacob Smith (Student Position) to the Conservation Advisory Council RESOLVED that the Town Board of the Town of Southold hereby reappoints James C. Eckert and Jacob Smith (student position) to the Conservation Advisorv Council, effective through March 31,2010. .t' Vote Record - Resolution RES-2007-372 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Initiator 0 0 0 0 0 Defeated Daniel C. Ross Initiator 0 0 0 0 0 Tabled Thomas H. Wickham Voter 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 Page 32 2007-373 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint Sue Roache and Reappoints Mel Phaffto the Historic Preservation Commission RESOLVED that the Town Board of the Town of Southold hereby appoints Sue Roache and reappoints Me' Pharr to the Historic Preservation Commission effective through March 31, 20 II. ./ Vote Record - Resolution RES-2007~373 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Seconder 0 0 0 0 0 Withdrawn Louisa P. Evans Initiator 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-374 CA TEGORY: DEPARTMENT: Committee Appointment Town Clerk Appoint William Gatz and Reappoints Nancy Pester and Leslie Weisman to the Housing Advisory Commission RESOLVED that the Town Board of the Town of South old hereby appoints William Gatz and reappoints Nancv Pester and Leslie Weisman to the Housine: Advisorv Commission, effective through March 31,2010. ./ Vote Record - Resolution RES-2007-374 Yes/Aye NolNay Abstain Absent 0 Adopted Albert Krupski Jr. Voter 0 0 0 0 0 Adopted as Amended William P. Edwards Voter 0 0 0 0 0 Defeated Daniel C. Ross Voter 0 0 0 0 0 Tabled Thomas H. Wickham Initiator 0 0 0 0 0 Withdrawn Louisa P. Evans Seconder 0 0 0 0 Scott Russell Voter 0 0 0 0 2007-375 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint Raymond Huntington, Christian Baiz and Eric Keil to the Land Preservation Committee RESOLVED that the Town Board of the Town of Southold hereby reappoints Ravmond Page 33 Huntinlrton. Christian Baiz and Eric Keil to the Land Preservation Committee, effective through March 31, 2009. '" Vote Record - Resolution RES~2007-J75 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Initiator It! 0 0 0 0 Adopted as Amended William P. Edwards Seconder It! 0 0 0 0 Defeated Daniel C. Ross Voter Iil 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-376 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint Joseph Conway Sr. and Henry Flintner to the Police Advisory Committee RESOLVED that the Town Board of the Town of South old hereby reappoints Joseph Conwav Sr. and Henrv Flintner to the Police Advisorv Committee, effective through March 31, 2010. '" Vote Record - Resolution RES-2007.376 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter Iil 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-377 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint All Members of the Storm Water Runoff Committee RESOLVED that the Town Board of the Town of South old hereby reappoints all members: Robert Ghosio. Jill Doherty. Lorne Brousseau (Marine Science). James Kin!!: (Shellfish Industrv). Marie Domenici. James McMahon/ Jamie Richter (DPW). Peter Harris (Hi!!:hwav). Supervisor Scott Russell. and Councilman Krupski. ofthe Storm Water Runoff Committee to another one year term, effective through March 31, 2008 Page 34 ./ Vote Record. Resolution RES-lOO7.377 Yes/Aye No/Nay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Initiator iii 0 0 0 0 Tabled Thomas H. Wickham Voter iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-378 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint Ruth Oliva to the Transportation Commission RESOLVED that the Town Board ofthe Town of South old hereby reappoints Ruth Oliva to the Transportation Commission. effective through March 31, 20 I O. ./ Vote Record - Resolution RES-2007-378 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Seconder iii 0 0 0 0 Withdrawn Louisa P. Evans Initiator iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-379 CATEGORY: DEPARTMENT: Committee Appointment Town Clerk Reappoint Philip Goldman and Margaret Murphy to the Tree Committee RESOLVED that the Town Board ofthe Town of South old hereby reappoints Philip Goldman and Marearet Murphv to the Tree Committee, effective through March 31, 2010. ./ Vote Record - Resolution RES-2007-379 Yes/Aye NolNay Abstain Absent iii Adopted Albert Krupski Jr. Voter iii 0 0 0 0 Adopted as Amended William P. Edwards Voter iii 0 0 0 0 Defeated Daniel C. Ross Voter iii 0 0 0 0 Tabled Thomas H. Wickham Initiator iii 0 0 0 0 Withdrawn Louisa P. Evans Seconder iii 0 0 0 Scott Russell Voter iii 0 0 0 2007-380 CATEGORY: DEPARTMENT: Committee Decisions Town Clerk Page 35 Accept Board of Ethics 2/23/07 RESOLVED that the Town Board of the Town of South old hereby accepts the decision of the Board of Ethics dated February 23, 2007. '" Vote Record - Resolution RES.2007-380 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Initiator It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Seconder It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-381 CATEGORY: DEPARTMENT: Committee Decisions Town Clerk Acept Board of Ethics 4/6/07 RESOLVED that the Town Board of the Town of South old hereby accepts the decision ofthe Board of Ethics dated April 6. 2007. ./ Vote Record. Resolution RE8-2007-381 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Seconder It! 0 0 0 0 Adopted as Amended William P. Edwards Initiator It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Voter It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter It! 0 0 0 2007-382 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Appoint PSD II RESOLVED that the Town Board of the Town of Southold hereby promotes Brvan R. Weinl!art to the position of Public Safety Dispatcher II. at a salary of$56,742.70 per annum, effective April 12, 2007. Page 36 <I' Vote Record - Resolution RES-2007~J82 Yes/Aye NolNay Abstain Absent Iil Adopted Albert Krupski Jr. Voter Iil D D D D Adopted as Amended William P. Edwards Voter Ii'I D D D D Defeated Daniel C. Ross Initiator Ii'I D D D D Tabled Thomas H. Wickham Voter Ii'I D D D D Withdrawn Louisa P. Evans Seconder Iil D D D Scott Russell Voter Ii'I D D D 2007-383 CATEGORY: DEPARTMENT: Employment - Town Town Clerk Extend Probation Period of Employee RESOLVED that the Town Board of the Town of Southold hereby approves an al!:reement with a town emplovee extendinl!: the probationarv period of said emplovee, subject to the approval ofthe Town Attorney. <I' Vote Record ~ Resolution RES-2007-J8J Yes/Aye NolNay Abstain Absent Ii'I Adopted Albert Krupski Jr. Voter Ii'I D D D D Adopted as Amended William P. Edwards Voter Ii'I D D D D Defeated Daniel C. Ross Voter Ii'I D D D D Tabled Thomas H. Wickham Seconder Ii'I D D D D Withdrawn Louisa P. Evans Initiator D Iil D D Scott Russell Voter Ii'I D D D 2007-384 CATEGORY: DEPARTMENT: Local Law Public Hearing Town Clerk 7:45PM on 5/8/07 PH LL Ag PDD WHEREAS there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 10th day of April, 2007 a Local Law entitled "A Local Law in relation to an Al!:ricultural Planned Development District", now, therefore, be it RESOLVED that the Town Board ofthe Town of Southold will hold a public hearinl!: on the aforesaid Local Law at the Southold Town Hall. 53095 Main Road. Southold. New York. on the sth dav of Mav at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. Page3 7 The proposed Local Law entitled, "A Local Law in relation to an Al!:ricuItural Planned Development District" reads as follows: LOCAL LAW NO. 2007 A Local Law entitled, "A Local Law in relation to an Al!:ricultural Planned Development District" . BE IT ENACTED by the Town Board of the Town of South old as follows: Lel!:islative Intent. Farmland is a critical component of the Town of Southold's rural character. Agriculture provides the cornerstone of the land use environment valued by year-round residents as well as visitors. Numerous planning documents and studies in the Town's comprehensive planning over the past 20 years have recognized this value and have recommended strategies to preserve this key resource. In recent years, the Town has engaged in an aggressive effort to preserve farmland through the use of a variety of conservation tools, most notably the purchase of development rights. The Town has joined with other governmental agencies at the Federal, State and County levels, and with conservation groups such as the Peconic Land Trust to further its efforts. In addition, the Town has made use of various long- and short-term funding options to purchase interests in farmland, such as the Community Preservation Fund (CPF) transfer tax, voter- approved bonds and grants. The Town Board recognizes that preservation efforts must continue in accordance with the Town's comprehensive planning efforts and initiatives. Additional funds will be required, and if possible, leveraged, to enable the Town to continue to purchase interests in farmland and retain the Town's rural character. The Town Board determines that its land preservation efforts can best be accomplished through a number of legislative initiatives. This local law creates an Agricultural Planned Development District, a floating zone classification. The Agricultural Planned Development District is intended to encourage the preservation and conservation of farmland, while preserving land equity. It is intended to provide incentive to Landowners dedicated to the preservation and conservation offarmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. Page 38 The Town Board seeks through this legislation to provide for the incremental sale of development rights by landowners whose property is actually used in agricultural production. This will be accomplished by providing a source of funds to facilitate agricultural production without requiring the sale of all development rights applicable to the property, at the same time reducing the density potential on the property. The benefit to the Town, in addition to facilitating agricultural production, is the assurance that the Town will have the option purchase the remaining development rights on a parcel, excepting those that are necessary for a conservation subdivision at the density/open space percentage as required by this legislation. Chapter 280 of the Code of the Town of Southold is hereby amended to create a new Article XXX. as follows: Sec. 280-170. Purpose. The Agricultural Planned Development District emphasizes the importance of agriculture as both a vital economic base and as a land form that provides the town with much of its rural character and scenic beauty. This program will provide the landowner with another mechanism to access the equity in his land by providing him with development rights that can be immediately transferred or sold, incrementally or at one time, to facilitate the preservation of farmland without having to subdivide his property. The development rights can be sold on an incremental basis while assuring the Town of the opportunity to purchase the remaining development rights applicable to the property, except those that may be used to develop a conservation subdivision. This Agricultural Planned Development District creates a mechanism whereby the property can be rezoned upon application of the landowner. 280-171 Definition DEVELOPMENT RIGHTS -- The rights permitted to a lot, parcel, or area ofland under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this chapter Page 39 280-172. Classification. A. The Agricultural Planned Development District (AgPDD) is established as a Planned Development District pursuant to Town Law Section 261-c. B. The AgPDD classification may be considered on a floating zone basis. Upon rezoning to the AgPDD classification, all principal and accessory uses, restrictions and controls listed in the specific AgPDD shall govern the lands subject to the rezoning. 280-173. Requirements for Eligibilitv. All properties meeting the standards and criteria set forth in this Article shall be deemed eligible for rezoning as an AgPDD. In order to be considered for rezoning to AgPDD, lands in the Town of Southold must meet all of the following criteria: A. The lands must consist of a sub-dividable parcel of at least seven (7)acres meeting the Town's preservation goals and included in the Community Preservation Project Plan (CPPP), which may consist of a lot designated as a separate tax map number, or of two or more contiguous lots with separate tax map numbers. A landowner may also apply for the rezoning of a parcel contiguous to property already zoned AgPDD or already preserved, even if smaller than seven (7) acres. B. The parcel must be enrolled in an agricultural district or individual commitment, pursuant to Article 25AA of New York State Agriculture and Markets Law. C. The Town Board must find that the parcel provides an environmental, physical, economic, aesthetic, social or cultural benefit to the Town. 280-174. Zoning Approval; Application and review procedure. The Town Board may rezone lands from that of their underlying zoning district to the AgPDD classification upon written application of the landowner pursuant to this Article. A. Application. An applicant shall submit two (2) copies of the following to the Town Board: I. Form of Application approved by the Town Board, including the name of the owner and/or applicant, description of current use of the property, and disclosure affidavit; Page 40 2. Deed(s) covering all lands for which application is made; 3. Survey(s) or map(s) showing all lands proposed to be rezoned to AgPDD, and any improvements on those lands. B. Upon receipt of a completed application, the Town Board shall review the application at a worksession and make a preliminary determination whether the Board is interested in considering rezoning of the parcel to AgPDD. If the Town Board is interested in considering the rezoning, it shall refer the application to the Planning Board and to the Land Preservation Committee and, as applicable, to the Agricultural Advisory Committee, for review and recommendation. C Upon receipt of the application, the Land Preservation Committee shall consider the application at its next meeting and prepare recommendations to the Town Board with a copy to the Planning Board. D. If the applicant seeks an agricultural structure area and/or residential structure area, the placement shall be agreed upon between the Land Preservation Committee, the Planning Board and the landowner. E. Upon recommendation ofthe Planning Board and the and the Land Preservation Committee, the Land Preservation Coordinator shall commission a survey and a title search of the property, which will be forwarded to the Planning Department upon receipt. F. The Planning Department will calculate the yield on the parcel based on the zoning in effect at the time of the application. Yield will be calculated as follows: Buildable Lands -;- Mimimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. G. Environmental Review. The Town Board shall comply with SEQRA in acting upon any application for the rezoning of any lands to the AgPDD classification. H. The Planning Board and other committees shall provide a report within ninety (90) days ofthe date of the meeting at which the referral is received from the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report and other Committee reports, as applicable, or the expiration of its 60-day review period, whichever comes first. The review period may be extended by mutual consent of the applicant, the Town Board, the Page 41 Planning Board, and, as applicable, the Land Preservation Committee and/or the Agricultural Advisory Committee. I. Planning Board Report. The Planning Board may recommend approval, approval with conditions, or disapproval of the proposed rezoning. In preparing its report, the Planning Board shall take into account the recommendations of the Southold Town Farm and Farmland Protection Strategy, adopted as policy by Town Board resolution of January 18,2000 and supporting documents, the recommendations of the Land Preservation Committee, the Agricultural Advisory Committee, the studies contained in the Town's comprehensive planning efforts and initiatives, the existing characteristics of the property and the surrounding properties, the environmental, social, physical, aesthetic, economic and cultural aspects of the property and its surroundings, and such other factors as may be necessary to carry out the purposes of this Article and this Chapter. The Planning Board's report shall provide detailed reasons for its recommendation. J. Public Hearing. Within thirty (30) days of the receipt of the Planning Board report, or the expiration of the Planning Board review period, whichever occurs first, the Town Board may schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days ofthe date of the closing of the public hearing, the Town Board shall either approve or disapprove the rezoning and file its decision with the Town Clerk, with notice to the applicant. In approving such rezoning, the Town board shall determine, after considering the Planning Board's recommendation, that the subject parcel contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences. If approved, the Town Board shall amend the zoning map of the Town in accordance with the approval and forward a copy of the resolution containing the decision to the Planning Board, the Land Preservation Committee, the Agricultural Advisory Committee, and the applicant. Any such approval shall be subject to the Conditions of Approval as set forth below in 280-175 of this Chapter. Page 42 280-175. Conditions of Approval. A. The boundaries of the re-zoned property, permitted uses thereon, and number of development rights shall become part of this Town Code and the Zoning Map shall be amended accordingly. B The Land Preservation department shall coordinate the closing and filing of the easement in accordance with their normal procedures for purchase of development rights. C Easement. I. Following a public hearing and approval of the rezoning pursuant to Chapter 280 of the Town Code and Chapter 247 of the General Municipal Law, the Landowner shall sell at least one (I) development right to the Town. The landowner shall file a Preservation Easement (the "Easement") on the property following the sale, in the form provided by the Town, which shall indicate that at least one (I) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. a. The easement shall be acceptable to the Landowner, the Town Attorney's office and shall be consistent with the terms of the AgPDD. b. The easement shall be recorded in the Office of the Suffolk County Clerk. 280-176 Price for Development Rights The Town Board shall by resolution, at least annually, set a price to be paid by the Town for AgPDD development rights sales. This price shall be based on a recommendation from the Land Preservation Committee and shall be based on comparable sales data. 280-177. Subsequent Development Right Sales to the Town A. At any time, the landowner may offer to sell development rights on all or part of the parcel that has been zoned AgPDD. The development rights may be sold to the Town or to others provided that the landowner enters into a conservation easement on the property in a form acceptable to the Town. The conservation easement shall list the number of development rights sold and the number remaining, based on the yield for the parcel as set forth at the time of rezoning to AgPDD. Page 43 B. At the discretion of the Town, the Town may commission a new survey and a title search ofthe property. C. The Land Preservation Coordinator shall make a determination of the number of development rights remaining for purchase on the parcel based on the original yield as calculated by the Planning Department less any development rights sold, and shall so advise the Land Preservation Committee. The Land Preservation Committee shall make a recommendation to the Town Board on the purchase of development rights. D. The Town Board shall hold a public hearing on the question of the purchase of development rights from the AgPDD zoned parcel, and may adopt a resolution approving or disapproving the sale. Any resolution shall set forth the number of development rights purchased and the number remaining on the parcel. At the time of sale, a preservation easement as set forth above in 280-175 shall be filed indicating the additional number of development rights that have been extinguished from the parcel, and the remaining number of development rights. E. Development rights may be purchased by the Town in increments of one-half (1/2) of a development right. F. The Town Board shall not be required to purchase development rights from a parcel zoned AgPDD sooner than six (6) months after the previous purchase on the same parcel. G. Upon the landowner's application, the Town shall purchase up to at least ten percent (10%) of the landowners residual development rights, or not less than one full development right, per year. The Town has the option, if requested by the landowner, to purchase more than ten percent each year. 280-178. (Reserved) 280-179. Clearing House. The Land Preservation Coordinator will maintain a log indicating the development rights sold and remaining on any parcel zoned AgPDD. The easement executed and recorded by the landowner at the time of each sale will indicate the number of development rights sold and the number remaining on the parcel. Page 44 &280-180 Conditions A. Any reserved area for development shall be set by the Town Board and defined in the Town Code at the time of rezoning to AgPDD. A landowner may apply to the Town Board to amend such code if circumstances have changed since the rezoning. Any additional reserved area will be deducted from the available development rights on the parcel. B. Any structure proposed on a parcel which is zoned AgPDD will require the approval of the Land Preservation Committee prior to issuance of a building permit. The approval of the committee shall take into account the conditions set forth in the preservation easement on the property. C. If a residential structure exists on property zoned AgPDD, any new non-agricultural structure must be located within 150 feet of the existing residential structure. &280-181 Subdivision A. If the landowner of property zoned AgPDD files for subdivision of the property, the land Preservation Coordinator shall advise the Planning Board of the number of development rights remaining on the parcel. B. Any conservation subdivision of AgPDD property must accomplish preservation of eighty percent (80%) of the parcel, and density reduction of seventy-five percent (75%) ofthe original yield. If the landowner elects to pursue this Conservation Subdivision, the land preserved by sale of development rights shall apply toward the required preservation component. C. If the Town is unable to meet its obligation to purchase 10% of development rights as set forth in 280-1760, the landowner may pursue a Standard Subdivision based on the zoning in effect on the parcel at the time it was zoned AgPDD. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Page 45 EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. -/ Vote Record - Resolution RES-2007-384 Yes/Aye NolNay Abstain Absent Iii:! Adopted Albert Krupski Jr. Seconder Iii:! 0 0 0 0 Adopted as Amended William P. Edwards Voter Iii:! 0 0 0 0 Defeated Daniel C. Ross Voter Iii:! 0 0 0 0 Tabled Thomas H. Wickham Initiator Iii:! 0 0 0 0 Withdrawn Louisa P. Evans Voter Iii:! 0 0 0 Scott Russell Voter Iii:! 0 0 0 2007-385 CATEGORY: DEPARTMENT: Seqra Town Clerk SEQRAfor LL to Vehicle & Traffic RESOLVED that the Town Board of the Town of Southold hereby finds that the adoption of the local law entitled "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of Southold" is classified as a Type II Action pursuant to SEORA Rules and Re!!ulations, 6 NYCRR Section 617.5, and is not subject to review under SEQRA. -/ Vote Record - Resolution RES-2007-J85 Yes/Aye NolNay Abstain Absent Iii:! Adopted Albert Krupski Jr. Initiator Iii:! 0 0 0 0 Adopted as Amended William P. Edwards Voter Iii:! 0 0 0 0 Defeated Daniel C. Ross Voter Iii:! 0 0 0 0 Tabled Thomas H. Wickham Voter Iii:! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Iii:! 0 0 0 Scott Russell Voter Iii:! 0 0 0 2007-386 CATEGORY: DEPARTMENT: Seqra Land Preservation Rowehl - SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase development rights easements on certain parcels of property owned by Robert Rowehl pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said properties are identified as part of SCTM # I 000-1 00-2-6.1 (Parcel Page 46 A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24"= acres (subject to survey) ofthe 27"= acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5"= acres. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 240: acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5"= acre adjacent parcel, plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of South old that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of South old hereby finds no sie:nificant impact on the environment and declares a nee:ative declaration pursuant to SEORA Rules and Ree:ulations for this action. Page 47 ,/ Vote Record - Resolution RES-2007-386 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Seconder Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Initiator Ii'! 0 0 0 0 Defeated Daniel C. Ross Voter Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Voter Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-387 CATEGORY: DEPARTMENT: Seqra Land Preservation Rozakis SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a conservation easement on property owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber for open space purposes pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Code of the Town of South old. 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 a conservation easement and is approximately 0.2 acre (subject to survey); and WHEREAS, the property should be preserved due to its location in an environmentally sensitive area. The easement is to be purchased for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; and WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator and the Town Board have 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; now, therefore, be it RESOLVED by the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, be it further Page 48 RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no sil!nificant impact on the environment and declares a nel!ative declaration pursuant to SEORA Rules and Rel!ulations for this action. 0/ Vote Record ~ Resolution RE8-2007-387 Yes/Aye NolNay Abstain Absent Ii'! Adopted Albert Krupski Jr. Initiator Ii'! 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii'! 0 0 0 0 Defeated Daniel C. Ross Initiator Ii'! 0 0 0 0 Tabled Thomas H. Wickham Voter Ii'! 0 0 0 0 Withdrawn Louisa P. Evans Seconder Ii'! 0 0 0 Scott Russell Voter Ii'! 0 0 0 2007-388 CATEGORY: DEPARTMENT: Enact Local Law Town Clerk Enact LLfor Vehicle & Traffic Updates 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 Amendments to the Vehicle and Traffic Law in the Town of Southold" and WHEREAS, the Town Board of the Town of South old finds that this Local Law is consistent with the L WRP; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, NOW THEREFOR BE IT Page 49 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of Southold" reads as follows: LOCAL LAW NO. 12 of 2007 A Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of Southold". BE IT ENACTED by the Town Board ofthe Town of South old as follows: IV. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town, it is necessary for the Town Board to make amendments to the Town's vehicle and traffic regulations, including regulations regarding parking in fire lanes, handicapped spaces, and other areas, as well as updating and consolidating the fines for various infractions. II. Chapter 189 of the Code of the Town of South old is hereby amended as follows: 9189-8. Penalties for offenses. [Amended 7-31-1973 by 1.1. No. 1-1973] Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine as set forth below not exceeding $250 or by imprisonment for a term not exceeding IS days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Fine Penalty at 30 days Penalty Schedule Penalty at 60 days Penalty at 90 days m$75 $100 $150 $170 III. Chapter 193 of the Code ofthe Town of South old is hereby amended as follows: ~193-3. Regulations concerning motor vehicles. A. No person in a recreational area shall: Page 50 (6) PaRe a ""hiele in ether than an estal3lished er designated J3arking area, aRd slIeh lIse shall l3e in aeeerdanee with the pested instruetiens thereat ood with the instflletiens sf an:.' attendant who may l3e J3fesellt IV. Chapter 260 of the Code of the Town of Southold is hereby amended, as follows: ~260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any ofthe following locations and at any other location where signage indicates "No Parking": ~260-12. Public parking lots.[Added 7-7-1981 by 1.1. No, 4-1981] The parking of vehicles in the !! public parking lot leeated in Se1ltho1d on the SSlItI! side efNe'N Yerk Reme 25, RJ3J3fmcimately 170 feet east efWells I,yenlle, is herel3y J3fehil3ited fer a J3eriod lenger tllaR twe he1lfs, for a period of more than two hours is hereby prohibited at the following locations: Name of Street Side Location New York Route 25 South In Southold. approximatelv 170 feet east of Wells Avenue New York Route 25 North In Cutchogue. east of Griffing Street. in rear of Shopping Center (except in those spaces designated bv signage authorizing parking in excess of two hours) ~260-13. Stopping prohibited at all times. [Added 8-12-1980 by 1.1. No, 4-1980] The stopping of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates "No Stopping": ~260-14. Fire zones, fire lanes. fire hydrants. fire wells. [Added 8-12-1980 by L.L. No. 4-1980] A, The parking of vehicles is hereby prohibited at all times in the following fire lane leeatiens zones: A.I. At the shopping center located on the north side of New York Route 25, approximately 1,400 feet west of Cox Lane in the Hamlet of Cutchogue, eemmenly known as the "Key Feod SheJ3J3ing Center," such fire lane to be 30 feet in width from the Page 51 southerly sidewalk curbline on the south side (front) of the building and extending for the entire length of the store building. B.Z. At the shopping center located on the north side of New York Route 25, having ingress and egress on both Route 25 and Factory Avenue in the Hamlet of Mattituck, eeHHflenly knewR as the ".~. & P Shopping CeRter," such fire lane to be 24 feet in width, from the southerly and westerly sidewalk curbline on the south and west (front) side of the building and extending the entire length ofthe L- shaped store building; i.e., 466 feet along the southerly face of the building and 222 feet along the westerly face. [Added 4-25-1989 by L.L. No. 5-1989] ~. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire hvdrant is herebv prohibited. !;;. The stopping, standing or parking of vehicles within 15 feet in either direction of a fire well is herebv prohibited. D. The stopping, standing or parking of vehicles is prohibited at all times in the areas designated and marked as fire lanes. ~260-17. Handicapped parking. [Added 12-23-1997 by L.L. No. 29-1997] No persen shall The stopping, standing or parking of park or staRa a meter vehicle]! in any parking space designated fer the parking of meter vehieles by insi',idaals with haHsieapped Iieense plates er pe_its as set fertfl. belew, as handicapped parking bv blue markings and/or handicapped signage is prohibited unless said the vehicle displays saeh i! valid handicapped license plate, or a valid handicapped parking permit displayes in tlie marJler aHd leeation as designated by New York State or Locallaw~or regalatien, in any leeates listed Belew: Name of Street Side Loeation Orehard Sweet [:\adeal 0 12 1999 by L.L. }Ie. 12 1999] East Prom the neTtheast eerner of Village Lane and Orehard Street easterly aleng Orehafd Street aajaeeat te the Unites Methedist Chllreh Seans .'\ ',enae Sellth Pram the PresbyteriaH Clmreh Drh'e'1111Y eRtranee eaGterly fer a Distanee of 95 feet ~260-18. Additional parking regulations.[Added 3-26-2002 by L.L. No. 2-2002] Page 52 .t\.. Ne pemen shall paflC a '..ehiele se as te e bstruet a fire hydrant. B.A. No person shall double park a vehicle on any Town highway or roadway. G.)2. No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. f).c. No vehicle shall be parked upon any public highway or roadwav without first being registered and inspected pursuant to the Vehicle and Traffic Law ofthe State of New York. B.D. On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. F.E. No person shall park a vehicle so as to obstruct any driveway except with express permission of the owner. G. Ne persen shall park a vehiele overtime in a time restricted parking spaee. F. In an established or designated parking area. a vehicle is to be whollv within the markings or signage where established or designated lines and markings are indicated. ~260-27. Penalties for offenses. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Subsection B below, shall, for a first conviction thereof, be punished by a fine of net mere than $50 not to exceed $110 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.; for a see and SHch eenvietien '.vithin 18 menths thereafter, sueh persen shall be punished by a fine ef net mere than $100 er by imprisenment fer Hot mere than 15 days, or by beth sHeh fine and imprisenment; HIlon a third er sllbseljH8nt eonvietion ',vithin 18 menths after the first eonvictien, slleh persen shall be pHnished by a fine ef Rot more than sHeh persen shall be pHHished by a fiRe of net more than $250 or by imprisonment for Rot more than 90 days, er by beth sHeh Hne and imprisonment. B. All persons cited on a Town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine as set forth below and shall answer on or before 30 days after the issuance of the summons. Persons failing to answer before the expiration of 30 days after issuance of the summons shall be subject to the penalties set forth in the penalty schedule below, in addition to the prescribed fines: Fine Schedule Section Description Amount Page 53 260-8 Parking prohibited at all times ~m 260-9A Parking prohibited certain hours m~ 260-9B Between 10:00 p.m. and 6:00 a.m. m~ 260-9C Night fishing permit $50 260-10 Parking prohibited certain months m$75 260-11 Parking limited time m~ 260-12 Parking public lots m$50 260-13 Stopping prohibited at all times m 260-14A Fire lanes $75 260-14B Fire hvdrant m 260-14C Fire wells $75 260-14D Fire zone $75 260-15 Parking or standing prohibited certain m~ times Fine Schedule Section Description Amount 2130 Ie 260-17 Handicapped parking only $110* 193 .\.( e)260-18F Parking a vehicle in other than established $Wm or designated area 189 2.^.189-2F Parking by Southold Town permit only $Wm I 89-3AU) ResideRt parking permit Permit properlv $W $75 affixed 2130 18.\. Fire hydrallt m 260-18BA Double parked mm 260-1 8GB On sidewalk ~$75 260-181}C Expired registration m$50 Over 60 days $Wm 260-181}C Expired inspection m~ Over 60 days $Wm 260-18BD Wrong side to curb ~m 260-18FJ;. Obstructed driveway mm 260-18F Designated parking space $75 260-18G Overtime parking ~$50 260-19 No stopping zone mm 2130 20 Fire zone m 260-21 Bus stop m$75 260-22 Loading zone mm NOTES: * Includes NYS mandatory surcharge of$35. Penalty Schedule Page 54 Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-8 Parking prohibited lli$75 $-7Q$100 ~$150 ~$170 at all times 260-9A Parking prohibited lli$50 $-7Q$75 ~$IOO ~$150 certain hours 260-9B Between 10:00 p.m. lli$50 $-7Q$75 ~$IOO ~$150 and 6:00 a.m. 260-9C Night fishing permit $50 $100 $150 $170 260-10 Parking prohibited lli$75 $-7Q$100 ~$150 ~$170 certain months 260-11 Parking limited time lli$50 $-7Q$75 ~$IOO ~$150 260-12 Parking public lots lli$50 $-7Q$75 ~$IOO ~$150 260-13 Stopping prohibited $75 $100 $150 $170 at all times 260-14A Fire lanes $75 $150 $225 $245 260-14B Fire hydrant $75 $150 $225 $245 260-14~ Fire wells $75 $150 $225 $245 260-14D Fire zone ill $150 $225 $245 260-15 Parking or standing $35lli $70$100 $105$150 $125$170 prohibited certain times 26016 Fire wells m $+W ~ ~ 260-17 Handicapped parking $110* $185 $260 $280 Only NOTES: * Includes NYS mandatory surcharge of$35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 193 3.'.(6) Parking a vehicle in $W$75 $100 $150 $170 260-18F other than established or designated area I 89-M2F Parking by Southold $W$75 $100 $150 $170 Town permit only I 89-3A(J) ResideRt parkiRg $W$75 $100 $150 $170 PeFfflit Permit properly affixed 269 18.'. Fire flydraat $75 $159 $225 $215 260-18BA Double parked lli$75 $-7Q$100 ~$150 ~$170 260-1 8GB On sidewalk lli$75 $-7Q$100 ~$150 ~$170 260-l8I}~ Expired registration lli$50 $-7Q$75 ~$125 ~$150 Page 55 Over 60 days $W$75 $+00$125 ~$175 $-I-7G$200 260-ISgC Expired inspection ~$50 m$75 ~$125 ~$150 Over 60 days $W$75 $+00$125 ~$175 $-I-7G$200 260-ISBD Wrong side to curb ~$75 m$100 ~$150 ~$170 260-1 SF.!;; Obstructed driveway ~$75 m$100 ~$150 ~$170 260-ISF Designated parking ill $100 $150 $170 space 260-19 No stopping zone ~ill m$IOO ~$150 ~$170 269 29 Fire zelle $75 $159 $225 $245 Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-21 Bus stop ~ill m$100 ~$150 ~$170 260-22 Loading zone ~$75 m$IOO ~$150 ~$170 V. 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. VI. APPLICABILITY AND EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 01' Vote Record - Resolution RES-2007-388 0 Yes/Aye NolNay Abstain Absent Adopted Albert Krupski Jr. Voter 1<1 0 0 0 0 Adopted as Amended William p, Edwards Voter 1<1 0 0 0 0 Defeated Daniel CRoss Seconder 1<1 0 0 0 1<1 Tabled Thomas H. Wickham Initiator 1<1 0 0 0 0 Withdrawn Next: Apr 24, 2007 4:30 PM Louisa P. Evans Voter 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-389 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Rowehl - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights easements on certain parcels of properties owned by Robert Rowehl on the 27th day of March, 2007, pursuant to the provisions of Chapter 17 (Community Page 56 Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as part ofSCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means ofa right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district; and WHEREAS, the development rights easement on Parcel A comprises approximately 24:t: acres (subject to survey) of the 27:t: acre parcel and 5:t: acres of Parcel B in its entirety. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24:t: acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5:t: acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24:t: acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and Page 57 WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easements; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of South old hereby elects to Durchase develoDment ril!:hts easements on al!:riculturallands owned bv Robert Rowehl Dursuant to the Drovisions of ChaDter 17 (Community Preservation Fund) and ChaDter 70 (Al!:ricultural Lands Preservation) ofthe Code ofthe Town of South old. Said properties are identified as part ofSCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located on the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-2-6.1 consisting of approximately 24010 acres (subject to survey) of the 27010 acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of Solo acres. The exact area ofthe development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) for the 24010 easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire Solo acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) ofthe Town Page 58 Code of the Town of Southold. The 24:1: acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the Town Board hereby determines that this action is consistent with the L WRP. v' Vote Record - Resolution RES-2007-389 Yes/Aye NolNay Abstain Absent Ii!I Adopted Albert Krupski Jr. Initiator 1<1 0 0 0 0 Adopted as Amended William P. Edwards Voter Ii!I 0 0 0 0 Defeated Daniel C. Ross Voter Ii!I 0 0 0 0 Tabled Thomas H. Wickham Initiator Ii!I 0 0 0 0 Withdrawn Louisa P. Evans Seconder 1<1 0 0 0 Scott Russell Voter 1<1 0 0 0 2007-390 CATEGORY: DEPARTMENT: Property Acquisition Purchase Land Preservation Rozakis - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a conservation easement on property owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber on this 10th day of April, 2007, pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-54-5-55.1 and 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; and WHEREAS, the acquisition is for an open space conservation easement of the entire approximately 0.2 acre (subject to survey) property and has been offered for sale to the Town of Southold below fair market value. The purchase price is $2,500.00 (two thousand five hundred dollars) plus acquisition costs. The easement will be acquired using Town open space funding. The seller may claim a bargain sale; and Page 59 WHEREAS, the subject property should be preserved due to its location in an environmentally sensitive area. The easement is to be purchased for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; and WHEREAS, the purchase of this conservation easement is in conformance with the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of South old; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the LWRP;and WHEREAS, as per Chapter I 17 (Transfer of Development Rights) of the Code of the Town of Southold, Section I 17-5, 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; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire an open space conservation easement on this property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase an open space conservation easement on the subject property for the purpose of the preservation of scenic open space, natural resource and wetland protection, and residential density reduction; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of South old hereby elects to purchase an open space conservation easement on the property owned bv Thomas A. Rozakis. Ann V. Rozakis and Kathleen A. Verderber for the purpose of the preservation ofscenic open space. natural Page 60 resource and wetland protection. and residential density reduction in an environmentallv sensitive area. 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 of the entire approximately 0.2 acre (subject to survey) and has been offered for sale to the Town of Southold below fair market value. The purchase price for this easement is $2,500.00 (two thousand five hundred dollars) plus acquisition costs. The seller may claim a bargain sale. Town funding for this purchase is in conformance with the provisions of Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP. 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. 0/ Vote Record - Resolution RES.2007-390 Yes/Aye NolNay Abstain Absent It! Adopted Albert Krupski Jr. Initiator It! 0 0 0 0 Adopted as Amended William P. Edwards Voter It! 0 0 0 0 Defeated Daniel C. Ross Voter It! 0 0 0 0 Tabled Thomas H. Wickham Seconder It! 0 0 0 0 Withdrawn Louisa P. Evans Voter It! 0 0 0 Scott Russell Voter Ii'! 0 0 0 55. Statement SUPERVISOR RUSSELL: I have two things I want to discuss while I have your attention because I know when I o~en up the mike's, you will ignore me after that. First I want to say that on Wednesday, April II' we are going to be offering a seminar on peak oil. It is presented by Izzy Doroski. This is one of the events that is sponsored by the Renewable Energy Committee for Southold Town. This Renewable Energy Committee is invaluable group that is bringing several seminars to the community over the next several months. Global warming climate change, we are going to have Gordion Raacke come out and we are going to have a solar seminar. I can't say enough about this group and I want to remind everyone that it is Aprilll'h, it is held here at 7 PM and you are all welcome to attend. Also, I do want to announce as I mentioned earlier today, Southold Town's bond rating was substantially upgraded by Moody's Investment Services. We actually just went to the bond market for about almost $15 million in Page 61 bonds and this upgrade saves us a substantial amount of money on our preservation efforts, etc. Of course, I am very proud of that and this Board for working together at creating a good, strong fiscal blueprint for this community. With that being said, does anyone else want to talk? COUNCILMAN WICKHAM: Just one minute. Should we have had a resolution authorizing you to advertise for new committee members? Can we just make a generic resolution to authorize? SUPERVISOR RUSSELL: Yes. COUNCILMAN WICKHAM: I move that we authorize the Town Clerk to advertise for several committee members who, several positions on several committees that need to be filled. COUNCILMAN EDWARDS: I will second that. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on any issue? (No response) Okay, hearing none, motion to close. VI, Public Hearinl!:s 1. Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared Recessed in order to hold a public hearinl!:. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman A YES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 2. Set 4/10/07 7:45 PM for PH a Local Law In Relation to Amendments to the Vehicle and Traffic Law In the Town of Southold COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN WHEREAS, there has been presented to the Town Board of the Town of South old, Suffolk County, New York, on the 13th day of March, 2007 a Local Law entitled "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of South old" 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 10th day of April, 2007 at 7:45 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 Amendments to the Vehicle and Traffic Law in the Town of Southold" reads as follows: LOCAL LAW NO. 2007 Page 62 A Local Law entitled, "A Local Law in relation to Amendments to the Vehicle and Traffic Law in the Town of South old". BE IT ENACTED by the Town Board ofthe Town of Southold as follows: I. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town, it is necessary for the Town Board to make amendments to the Town's vehicle and traffic regulations, including regulations regarding parking in fire lanes, handicapped spaces, and other areas, as well as updating and consolidating the fines for various infractions. II. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: 9189-8. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973] Any person committing an offense against any provision of this article shall, upon conviction thereof, be guilty of a violation punishable by a fine as set forth below not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. Fine Penalty at 30 days Penalty Schedule Penalty at 60 days Penalty at 90 days $W$75 $100 $150 $170 III. Chapter 193 of the Code of the Town of South old is hereby amended as follows: ~I93-3. Regulations concerning motor vehicles. A. No person in a recreational area shall: (e) Parle a ...ehicle ift ether thaR aR estaelished or desigftated parkiRg area, and slleh IIse shall ee iR accordanee with the pested iRstruetiefts thereat and with the instructiefts sf afty atteRdant who may ee preseftt. IV. Chapter 260 of the Code of the Town of South old is hereby amended, as follows: ~260-8. Parking prohibited at all times. The parking of vehicles is hereby prohibited at all times in any of the following locations and at anv other location where signage indicates "No Parking": ~260-12. Public parking 10ts.[Added 7-7-1981 by L.L. No. 4-1981] The parking of vehicles in the i! public parking lot located iR SOHthold OR the semh side of New York Rome 25, llflprsJlimately 17ll feet east of Wells .^....eRHe, is hereey Page 63 pFehilJited fer a peried lenger than twe heem. for a peried ef more than twe heurs is hereby prohibited at the fellewing lecatiens: Name of Street Side Location New York Reute 25 Seuth In Seutheld, approximately 170 feet east efWells Ayenue New York Reute 25 Nerth In Cutchegue. east ef Griffing Street. in rear ef Shepping Center (except in these spaces designated by signage authorizing parking in excess ef twe heurs) ~260-13. Stopping prohibited at all times. [Added 8-12-1980 by L.L. Ne. 4-1980] The stepping efyehicles is hereby prohibited at all times in any efthe fellewing lecatiens and at any ether lecatien where signage indicates "Ne Stepping": ~260-14. Fire zones, fire lanes. fire hydrants. fire wells. [Added 8-12-1980 by L.L. No. 4-1980] A. The parking efyehicles is hereby prohibited at all times in the fellewing Fire lane leeatiens zenes: AI. At the shepping center lecated en the nerth side efNew York Reute 25, approximately 1,400 feet west ef Cex Lane in the Hamlet ef Cutchegue, eemmenly koe'l\'H as the "Key Peed Shepping Center," such fire lane te be 30 feet in width from the seutherly sidewalk curbline en the seuth side (front) efthe building and extending fer the entire length efthe store building. B.~. At the shepping center lecated en the nerth side efNew York Reute 25, haying ingress and egress on beth Reute 25 and Factory Ayenue in the Hamlet efMattituck, semmenly kneV\ll as the "f. & P Shepping Center," such fire lane te be 24 feet in width, from the seutherly and westerly sidewalk curbline en the seuth and west (frent) side efthe building and extending the entire length efthe L- shaped stere building; i.e., 466 feet aleng the seutherly face efthe building and 222 feet aleng the westerly face. [Added 4-25-1989 by 1.1. Ne. 5-1989] B. The stepping, standing or parking efyehicles within 15 feet in either directien ef a fire hydrant is hereby prohibited. Page 64 C. The stopping, standing or parking of vehicles within IS feet in either direction of a fire well is herebv prohibited. D. The stopping, standing or parking of vehicles is prohibited at all times in the areas designated and marked as fire lanes. ~260-17. Handicapped parking. [Added 12-23-1997 by 1.1. No. 29-1997] No person sHall The stopping, standing or parking of park or stana a motor vehicle~ in any pllfking space designated for tfie parking of motor veHides by inaiviffimls witH Hanaie!lJlpealieense plates or permits as set foFlh be!ov., as handicapped parking bv blue markings and/or handicapped signage is prohibited unless said the vehicle displays stieh l! valid handicapped license plate, or a valid handicapped parking permit aispla-ye<l in tHe manner and loeation as designated by New York State or Locallaw~or rega!ation, in any loeated listed below: Name of Street Side LoeatioB OreHar<l Street [<"\<I<le<l I () 12 1999 East by 1.1. No. 12 1999] From tfie northeast eOFfler of Village Lane and OreHllfa Street easterly along Or6Hard Street aaj a6eRt te the Unitea Methodist ChafeH Soana /\ veffile SeatH Frem the Presbyterian CHlIreH Driveway entranee eaater!)' fer a Distanee of 95 f-eet ~260-18. Additional parking regulations.[Added 3-26-2002 by L.L. No. 2-2002) ^ ~ .... No person saall park a '/eHie!e so as to obstrl!et a fire Hyarl!llt. BA No person shall double park a vehicle on any Town highway or roadway. G.B. No person shall park a vehicle in whole or part on a sidewalk located adjacent to a highway. P.C. No vehicle shall be parked upon any public highway or roadwav without first being registered and inspected pursuant to the Vehicle and Traffic Law of the State of New York. B.D. On a one-way roadway vehicles shall be parked facing in the direction of authorized traffic movement; on a two-way roadway such motor vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests. F..1;;. No person shall park a vehicle so as to obstruct any driveway except with Page 65 express permission of the owner. G. Ne persen sllall park a yelliele eveFtime in a time restrieted Ilarking sllaee. F. In an established or designated parking area. a vehicle is to be wholly within the markings or signage where established or designated lines and markings are indicated. ~260-27. Penalties for offenses. A. Every person convicted of a traffic infraction for a violation of any provision of this chapter, which is not a violation of any provision oCthe Vehicle and Traffic Law of the State of New York, and said traffic infraction is not covered by Subsection B below, shall, for a first conviction thereof, be punished by a fine ef net mere than $50 not to exceed $1 10 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.; fer a seeend sllell eenyietien '.vithin 18 months thereafter, sllell Ilersen sllall be Illlnished by a fine of net mere than $ 1 gO er by imllrisonment fer net mere than 45 days, er by be!h sllell fine and iffiJ3risenmeRt; lIJ3en a !hird Elf slIbse'llleRt eelTyietien within 18 mentlls after the first eonvietien, slleh Ilersen shall be IllllTislled by a fine ef Rat more tHan sllell pef5en SHall be Illlnished by a fine ef net mere thllfl $250 Elf by imprisenment fer net mere tHaR 90 days, er by beta sllell fine lIfld imllrisenment. B. All persons cited on a Town parking summons for violation of this chapter, permit parking or parking related violations shall be subject to a fine as set forth below and shall answer on or before 30 days after the issuance of the summons. Persons failing to answer before the expiration of 30 days after issuance of the summons shall be subject to the penalties set forth in the penalty schedule below, in addition to the prescribed fines: Fine Schedule Section Description Amount 260-8 Parking prohibited at all times ~$75 260-9A Parking prohibited certain hours m$75 260-9B Between 10:00 p.m. and 6:00 a.m. m$75 260-9C Night fishing permit $50 260-10 Parking prohibited certain months m$75 260-11 Parking limited time m$75 Page 66 260-12 Parking public lots ~$75 260-13 Stopping prohibited at all times $75 260-14A Fire lanes $75 260-14B Fire hvdrant ill 260-14C Fire wells $75 260-14D Fire zone $75 260-15 Parking or standing prohibited certain ~$75 times Fine Schedule Section Description Amount 2e9 Ie 260-17 Handicapped parking only $110* 193.^.(e)260-18F Parking a vehicle in other than established $W ill or designated area 1892A189-2F Parking by Southold Town permit only $W ill I 89-3AU) ResideRt parldag peffflit Permit properlv $W $75 affixed 2eO 18!. Fire hydraat m 260-1 gBA Double parked ~lli 260-1 8GB On sidewalk ~$75 260-18I)C Expired registration ~lli Over 60 days $W$75 260-18I)C Expired inspection ~lli Over 60 days $W$75 260-l8ED Wrong side to curb ~ill 260-18FE Obstructed driveway ~ill Page 67 260-18F Designated parking space $75 260-180 Overtime parking ~ill 260-19 No stopping zone mill 260 20 Fire zone m 260-21 B us stop mill 260-22 Loading zone mill NOTES: · Includes NYS mandatory surcharge of$35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 260-8 Parking prohibited m$75 $+G$IOO ~$150 ~$170 at all times 260-9A Parking prohibited m$75 $+G$IOO ~$150 ~$170 certain hours 260-9B Between 10:00 p.m. m$75 $+G$IOO ~$150 ~$170 and 6:00 a.m. 260-9C Night fishing permit $50 $100 $150 $170 260-10 Parking prohibited m$75 $+G$IOO ~$150 ~$170 certain months 260-11 Parking limited time m$75 $+G$IOO ~$150 ~$170 260-12 Parking public lots m$75 $+G$100 ~$150 ~$170 260-13 Stopping prohibited $75 $100 $150 $170 at all times 260-14A Fire lanes $75 $150 $225 $245 260-14fi. Fire hydrant $75 $150 $225 $245 260-14C Fire wells ill $150 $225 $245 Page 68 260-140 Fire zone $75 $150 $225 $245 Parking or standing $35$75 $70$100 $105$150 $125$170 prohibited certain times Fire wells m $-I-W ~ ~ Handicapped parking $110. $185 $260 $280 Only 260-15 26016 260-17 NOTES: · Includes NYS mandatory surcharge of $35. Penalty Schedule Penalty at Penalty at Penalty at Section Description Fine 30 Days 60 Days 90 Days 193 3f.(6) Parking a vehicle in $W$75 $100 $150 $170 260-18F other than established or designated area I 89-M2F Parking by Southold $WID $100 $150 $170 Town permit only I 89-3A(l) Resident )larking $WID $100 $150 $170 Permit Permit properly affixed 260 I Sf. Fire hydrant $75 $150 $225 $245 260-18BA Double parked m$75 $-m$100 $+%$150 ~$170 260-18G.6. On sidewalk m$75 $-m$100 $+%$150 ~$170 260-18I;)C Expired registration m$50 $-m$75 $+%$125 ~$150 Over 60 days $W$75 $-1-00$125 $-I-W$175 $-I-+G$200 260-18I;)C Expired inspection m$50 $-m$75 $+%$125 ~$150 Over 60 days $W$75 $-1-00$125 $-I-W$175 $-I-+G$200 Page 69 260-18ED Wrong side to curb m$75 $-7(}$100 ~$150 ~$170 260-18FE Obstructed driveway m$75 $-7(}$100 ~$150 ~$170 260-18F Designated parking $75 $100 lliQ $170 space 260-19 No stopping zone mID $-7(}$100 ~$150 ~$170 289 29 Fire zOlle $75 $159 $225 $245 260-22 Loading zone Penalty Schedule Penalty at Penalty at Penalty at Fine 30 Days 60 Days 90 Days m$75 $-7(}$100 ~$150 ~$170 m$75 $-7(}$100 ~$150 ~$170 Section Description 260-21 Bus stop V. 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. VI. APPLICABILITY AND EFFECTIVE DATE. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. All of this gives a clearer picture so that the Town can enforce the laws more fully and effectively and it updates and increases the fines rather substantially for most of the infractions. It has appeared as a legal in the local newspaper and it has appeared in form out there on the Town Clerk's bulletin board. And I don't think we have any other communications on this public hearing. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and address us on this particular local law? Setting all the parking fines? (No response) Hearing none... Page 70 COUNCILMAN EDWARDS: I would like to say something about this and then we can decide whether to table it or whether I get or I whether want to amend it. I am concerned because on a number of these we are raising, we are basically raising our minimum fines to a level higher than Manhattan. And I know from my sorrow what the fines are in Manhattan. And I would like to propose that on those parking regulations, and there are a number of them that have nothing to do with safety but only have to do with what you might define as convenience, and I am specifically referring to overtime parking, parking between lOPM, parking prohibited certain hours; that those fines start at $50 and not $75, I would be glad to go over them if you want. I have no objection to raising the fines to $75 on ones that are really a matter of public safety but for instance on Love Lane, we have a two hour parking limit and while the police are presently not enforcing it, it would seem to me that if they did enforce it and you were there for two hours and 10 minutes, I would hate to get a $75 fine when for the equivalent situation in mid-town Manhattan I would only get a $55 fine. I think that is overkill. The same thing applies on the penalty schedule when they are paid late, that it seems to me a $50, $75, $100, $150; I would be glad to go over the lines or propose an amendment or table this but I can't vote for this as it is currently drafted. COUNCILMAN WICKHAM: Are there several categories of these fines that you would like to go over? COUNCILMAN EDWARDS: Well, I will identify the line items if you want, there is about eight line items that I feel the fines are excessive on. COUNCILMAN KRUPSKI: Well, ifthere are only eight of them, go ahead. COUNCILMAN EDWARDS: I will be glad to identify them, sure. JUSTICE EVANS: Can we, is that a substantial change? TOWN ATTORNEY FINNEGAN: I don't think that it is because you actually are going to reduce the fines from what you would have raised them to, so if the Board agrees. . . COUNCILMAN EDWARDS: Well, I will be glad to identify them. On the, I guess it is page 45 ofthe agenda, I am specifically concerned with lines 260-9A, 9B, 260-10,11 and 12; all of which to my way of thinking don't relate safety, only relate to how long are they allowed to park there and I think that $50 is a sufficient deterrent. Moving to page 46, the one that is marked, it is kind of crossed out and it is marked 1892 F, it is about a third of the way down the page and then the same lines as they extend for unpaid fines. So you start down at the bottom of the page, you see 260-9A,260-98. I would suggest a fine structure that goes $50, $75, $100, $150 which would still motivate me, at least, to get the bloody thing paid in time and the same schedules for the top three lines on page 47 and for 189 2-F, which is sort of in the middle of the page. Those would be my concerns and that would be it. I am will to go the $75 for everything that relates to safety, you know, parking at bus stops, parking on the sidewalk. JUSTICE EVANS: I am wondering if we should table this and talk to the person who came to Page 71 us and with the fines and find out why she suggested what she suggested. SUPERVISOR RUSSELL: I would opt to table, as opposed to... COUNCILMAN EDWARDS: I am willing to do that, I mean, .... SUPERVISOR RUSSELL: The one issue I was concerned with is the parking by Southold Town permit only. We are finding a very difficult time enforcing that and we need all the disincentive that we can. Let's have Laurie come in and talk to us. COUNCILMAN EDWARDS: That's fine. It is just that, for most people, a $50 fine is a lot of money and $75 is a lot more. This hearing was closed at 8:35 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 3. PH 4/10/07 7:50 Pm Amend Resolution 281 COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board ofthe Town of Southold hereby sets Tuesdav. April 10, 2007. at 7:50 p.m., Southold Town Hall, 53095 Main Road. Southold. New York as the time and place for a public hearinl!: for the purchase of development ril!:hts easements on properties owned bv Robert RowehI. Said properties are identified as part ofSCTM #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 A venue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24010 acres of the 27010 acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5010 acres. The exact area ofthe purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24010 acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5010 acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24010 acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that Page 72 should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description ofthe above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a memo from Mark Terry, the L WRP coordinator, which after some preambles concludes, "That the proposed action is consistent with the policy standards and there for is consistent with the LWRP." Let's see, I have a notice that it has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the local newspaper and I have a short environmental assessment form for unlisted action. What else do we have? I believe those are all of the communications in the file. SUPERVISOR RUSSELL: Would anybody like to come up to discuss this before the Town Board? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. The Land Preservation Committee has been discussing preservation with Mr. Rowehl for several years. Recently he decided that right now is the right time for him to preserve his farm and that is why we are here tonight. In the 1990's, Mr. Rowehl applied for and received approval for a subdivision that subdivided two five acre lots from what was then his 37 acre farm. This left him with two vacant 5 acre residential lots and a 27 acre farm, which includes his house and barn. The 5 acre lots have access off of Soundview Avenue and the larger has access off both Soundview and Oregon Road. The 5 acre lots were not sold off and basically remained part of the active farm area. The preservation application before the Town will result in the development rights easement on 100% of the interior 5 acre lot and a development rights easement on 24 of the 27 acres of the larger farm parcel. The 3 acres not included within the easement are located on Oregon Road and include the existing dwelling and several barns. There were several conditions filed in a declaration of covenants and restriction when the 1990 subdivision was approved regarding common driveways and where a future road would be located should future residential development occur. The landowner has requested that these covenants and restrictions be amended now that the property is being preserved and there will not any future residential development. Covenants and restrictions can only be amended after public hearing by the Planning Board and the Planning Board has scheduled a hearing to amend those later in April. This amended C & R will reflect the change that there will never be any future residential development. The Town has received a grant award of approximately $723,000 from the New York State Ag and Markets and we believe that that grant will be eligible for the 24 acre part of this project. The Town recently preserved the farms to the east of the property and the County owns the development rights already to the farm to the west. The preservation of the Rowehl farm will fill in the middle and result in a block of over 60 acres of preserved farmland. As you can also see on the map, there is plenty of other preserved land both to the east, west and to the south of that farm in the vicinity of it. The north and south sides of Oregon Road are the largest blocks of active farmlands in the Town. Oregon Road is one of the Town's main areas of active farmlands. As I stood last week with Mr. Rowehllooking out at his Page 73 farmland, it was a great feeling to know that his farm and the farms to the east and west will have the potential to remain in active farming forever. The Land Preservation Committee extends their thanks to Mr. Rowehl for preserving his farmland and both the Committee and I strongly recommend that the Town Board proceed with this important preservation acquisition on Oregon Road. Thanks. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular acquisition? This hearing was closed at 8:41 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell 4. Statement COUNCILMAN KRUPSKI: On this one hearing here, I think Melissa needs to be recognized because she put an awful lot of work in this, this was really a lot of years. Bill Edwards was the last liaison to the Land Preservation Committee before me and he says he was working on this for years. It is a lot of work and you deserve a lot of credit for that. MS. SPIRO: The landowner should get all the credit. We can't do anything without the landowner. COUNCILMAN KRUPSKI: That is true. MS. SPIRO: The right time for him. 5. Set Tuesday, April 10, 2007, At 7:55 P.M., South old Town Hall, 53095 Main Road, Southold, New York As the Time and Place for a Public Hearing for the Purchase of an Open Space Conservation Easement on Property Owned by Thomas A. Rozakis, Ann V. Rozakis and Kathleen A. Verderber COMMENTS - Current Meeting: COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN 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 Tuesdav. April 10. 2007, at 7:55 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinl!: for the purchase of an open space conservation easement on properly owned bv 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 Page 74 market value, and the seller may claim a bargain sale. The purchase of this conservation easement will contribute to natural resource and wetland protection, will retain scenic open space, and will reduce residential density in an environmentally sensitive area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of South old, 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 ofthe above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a memo from Mark Terry, and after the preambles it goes on to say "This proposed action is consistent with the policy standards and therefore is consistent with the L WRP." It has appeared, public notice has appeared as a legal in the local newspaper and it has appeared on the Town Clerk's bulletin board outside and I have a notice of a short environmental assessment form for unlisted actions assigned and those are the only notes in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. As Councilman Wickham mentioned, this project is an open space easement on a small lot. The landowners have offered the easement to the Town at a price significantly below market value. The property contains wetlands and the easement will preserve the wetland area while protecting the property from any future residential development. There are several other small lots that have been acquired in the vicinity. They are labeled on that map. Not next to them but in the vicinity. The Land Preservation Committee has supported similar purchases, that is preservation small lots at a significantly below market value purchase price. The Committee is in favor of this acquisition and recommends that the Town Board proceed with this purchase. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? PATRICIA MOORE: Is there access to the pond or to the water from this piece or is it a land piece? SUPERVISOR RUSSELL: It is a land piece. I will just clarify this and it really should be said, actually Mr. Rozakis wanted to protect this environmentally sensitive piece of property. It had been issued a building permit. Actually Mr. Rozakis put his money where his mouth is and he bought it and then donated the development to the Town. MS. MOORE: Oh, he should be commended. If it had been waterfront or any opportunity that Page 75 the Town has and similarly generous people that want to give access to the water. I think it would be nice if the Town had more access points to ponds and other water features because waterfront in Southold is becoming privatized and I was just in California recently and there are some very beautiful access points that gives the public the opportunity to enjoy what is a very limited resource for those of us that can't afford waterfront. SUPERVISOR RUSSELL: Well said. Thank you. Would anybody else like to come up and address the Town Board on this? (No response) Hearing none, let's close the hearing. This hearing was closed at 8:46 PM RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Daniel C. Ross, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell VII. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 8:52 P.M. . . . . . f}A'"I.7JJO r1A ~A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Page 76