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HomeMy WebLinkAboutAG-07/31/2007 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD July 31, 2007 7:30 PM Attendee Name Present Absent Late Arrival Councilman Albert Krupski Jr. ??? Councilman William P. Edwards ??? Councilman Daniel C. Ross ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Patricia A Finnegan ??? POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. Call to Order. Pledge of Allegiance. I. REPORTS 1. Recreation Department June 2007 2. Budget June 30, 2007 3. Island Group Claim Lag Report 7/1/07 - 6/30/07 Claims 4. Board of Town Trustees June 2007 Southold Town Meeting Agenda - July 31, 2007 Page 2 II. PUBLIC NOTICES 1. NYS DEC Notice of Complete Application US Dept of Homeland Security - Dredge Plum Gut Harbor, Plum Island Dock/Ferry Harbor 2. Board of Appeals June 2007 3. Renewal of NYS Liquor Licenses Michelangelo Restaurant & Pizzeria, 10095 Route 25, Mattituck Agia Varvara Inc. d/b/a Delicious, 24375 Rt 25, Orient Pepi's - Cherry Way Restaurant, 400 Old Main Dr., Southold American Legion Post 1045, Crescent Ave., Fishers Island Laurel Lake Vineyards, 3165 Main Rd., Laurel Farmer Bar, 4805 Depot Ln., Cutchogue 4. NYSOGS Notice of Application Grebe, Jr., Alfred 5. Draft Peconic Estuary Nitrogen Total Maximum Daily Load Info Mtg: August 2, 2007 at 1pm, Cornell Cooperative Extension Education Center, 1st Floor Conference Rm 423 Griffing Ave., Suite 100 Riverhead NY III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Chapter 275 - Wetland Code Trustees Revisions to be considered for public hearing 2. Cell Tower Moratorium Potential Wavier issues, Plan, task force, appointments Councilman Edwards 3. Sign Code Permitted Uses Southold Town Meeting Agenda - July 31, 2007 Page 3 Councilman Edwards 4. 10:00 Am - Dredging Committee Eugene Berger, Rob Lehnert 5. Local Law No Parking - Greenport 6. Mooring & Anchoring In Town Creeks 7. Local Law Peddlers, Solicitors & Transient Retail Merchants 8. Ethics Vacancies & Code Description 9. Sewer System Study In Mattituck Supervisor Russell 10. Agricultural Planned Development District 11. 12:30 P.M. - Executive Session - Property Acquisition Melissa Spiro, and LPC 12. Executive Session - Personnel 13. Helicopter Noise Nuisance Councilman Edwards OPENING STATEMENTS V. RESOLUTIONS 2007-640 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 7/31/07 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 31, 2007. Vote Record - Resolution RES-2007-640 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - July 31, 2007 Page 4 2007-641 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting 8/8/07 Fishers Island RESOLVED that the Fishers Island Annual Town Board Meeting of the Southold Town Board be held, Wednesday, August 8, 2007 at Fishers Island, New York at 1:30 P. M.. Vote Record - Resolution RES-2007-641 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-642 CATEGORY: Employment - Town DEPARTMENT: Trustees Rescind 2007-615 RESOLVED rescinds resolution 2007- that the Town Board of the Town of Southold hereby 615, adopted at the July 17, 2007 regular Town Board meeting, which read as follows: RESOLVED that the Town Board of the Town of Southold hereby amends resolution 2007-598 adopted at the July 3, 2007 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the position of part-time, seasonal Pump Out Boat operators for Fishers Island, July 18, under the jurisdiction of the Southold Town Board of Trustees, effective July 7, 2007 2007October 18, 2007 through October 7, 2007, , at a rate of $12.00 per hour: Michael Conroy George Peabody George Cook Southold Town Meeting Agenda - July 31, 2007 Page 5 Vote Record - Resolution RES-2007-642 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-643 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accepts the Resignation of Frederick A. Ross, As a Member of the Board of Ethics RESOLVEDaccepts, with regret, the that the Town Board of the Town of Southold hereby resignation of Frederick A. Ross, as a member of the Board of Ethics, effectiveimmediately. Vote Record - Resolution RES-2007-643 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-644 CATEGORY: Employment - Town DEPARTMENT: Accounting Appoint John Helf to Public Safety Dispatcher I RESOLVEDappoints John Helf to the that the Town Board of the Town of Southold hereby position of a Public Safety Dispatcher I for the Southold Town Police Department, effective August 2, 2007, at a rate of $41,856.02 annually. Vote Record - Resolution RES-2007-644 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-645 CATEGORY: Employment - Town Southold Town Meeting Agenda - July 31, 2007 Page 6 DEPARTMENT: Accounting Hire Adeline Witherspoon As Student Intern RESOLVEDappoints Adeline that the Town Board of the Town of Southold hereby Witherspoon to the position of a Student Intern for the Town Historians’ Office, effective August 1, 2007, at a rate of $11.27 per hour. Vote Record - Resolution RES-2007-645 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-646 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish Capital Budget for Aerial Photos RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the following Capital Project in the 2007 Capital Budget: Capital Project Name: Digital Aerial Photos Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.10 Interfund Transfers $14,960 Appropriations: H.1680.2.200.100 Data Processing Capital Outlay Digital Aerial Photos $14,960 Vote Record - Resolution RES-2007-646 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - July 31, 2007 Page 7 2007-647 CATEGORY: Employment - Town DEPARTMENT: Recreation Hire Seasonal Staff RESOLVEDappoints the following that the Town Board of the Town of Southold hereby individual as a beach attendant for the period August 5 - September 3, 2007: Caiti Derenze (1st year)………………………………………….. $9.42/hour Vote Record - Resolution RES-2007-647 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-648 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Patrice Conklin Resignation RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Patrice Conklin from her position as a part-time, Clerk Typist in the Town Clerk’s office , effective immediately. Vote Record - Resolution RES-2007-648 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-649 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development 2007 Shellfish Contract RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - July 31, 2007 Page 8 Supervisor Scott A. Russell to execute an Agreement with Cornell Cooperative Extension in connection with 2007 Southold Town Shellfish Program in the amount of $18,000 for the term January 1, 2007 through December 31, 2007, all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2007-649 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-650 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Community Development Community Development Sub recipient Agreements RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute Sub recipient Agreements in connection with the 2007 Community Development Block Grant Program for the following programs: North Fork Early Learning Center, Child Day Care Program $7,500 Robert Perry Child Day Care Program $7,500 North Fork Housing Alliance $5,000 Community Action Southold Town of Southold (CAST) $5,000 Dominican Sisters $5,000 all in accordance with the approval of the Town Attorney. Vote Record - Resolution RES-2007-650 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? ??William P. Edwards Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-651 CATEGORY: Close/Use Town Roads Southold Town Meeting Agenda - July 31, 2007 Page 9 DEPARTMENT: Town Clerk MFD 100Th Anniversary Parade RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck Fire Department to use the following roads for its 100th Anniversary Parade and Celebration on Saturday, September 8, 2007 beginning at 8:00 AM : Love Lane from Rt 25 to Pike Street Pike Street from Westphalia to Rt 25 (at the High School) Wickham Avenue from Rt 25 to Rt 48 2:00 PM to until parade ends (approx. 6:00 PM) – Rt 25 from Laurel Lane to Mill Lane 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 notification of the approval of this resolution to coordinate traffic control. Vote Record - Resolution RES-2007-651 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-652 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Cooley’s Anemia Foundation to Use the Following Roads for Its 6Th Annual Bike-A-Thon on Saturday, September 29, 2007 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby th Cooley’s Anemia Foundation to use the following roads for its 6 Annual Bike-A-Thon on Saturday, September 29, 2007 beginning in Riverhead at 7:30 AM: 62 Mile Ride: Heading east, Sound Avenue at town line, Laurel to Moore’s Lane, th Greenport to Route 25 onto 6 Street, then Wiggins Street 20 Mile Ride: Heading east, Sound Avenue at town line, Laurel to Old Sound Avenue, Mattituck to Factory Avenue, to Route 25, then west on 25 to Riverhead 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 notification of the approval of this resolution, to coordinate traffic control. Southold Town Meeting Agenda - July 31, 2007 Page 10 Vote Record - Resolution RES-2007-652 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-653 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Close a Portion of Gabriella Court for Block Party RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Christine Malone, representing families of Gabriella Court, Mattituck to use the following roads for its 10-Year Anniversary Block Party on Saturday, August 18, 2007, from 3:00 PM to 8:00 PM : Gabriella Court, from Tabor Road to the cul-de-sac 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-2007-653 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-654 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Adopt Arbitrator’s Decision Dated 7/24/07 RESOLVED accepts and adopts in its entirety the Arbitrator’s that the Town Board hereby decision dated July 24, 2007, denying the CSEA’s “Boiler Shutdown” and “Blackout” (CBA Section 22.2) Compensatory Time Grievances. Southold Town Meeting Agenda - July 31, 2007 Page 11 Vote Record - Resolution RES-2007-654 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-655 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Ph LL 8/28 7:45 Pm AgPPD WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 31st day of July, 2007 a Local Law entitled relation to an Agricultural Planned Development District” , now, therefore, be it RESOLVEDpublic hearing on the that the Town Board of the Town of Southold will hold a aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, th on the 28 day of August at 7:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to an Agricultural Planned The proposed Local Law entitled, Development District” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to an Agricultural Planned Development A Local Law entitled, District” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Legislative 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 Southold Town Meeting Agenda - July 31, 2007 Page 12 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 of farmland. New York State Town Law Sections 261-a and 261-c provide the framework to accomplish these goals. 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. II. 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. Southold Town Meeting Agenda - July 31, 2007 Page 13 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 of land under a zoning ordinance or local law regarding permissible use, area, density, bulk, or height of improvements executed thereon. 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 Eligibility. 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 Southold Town Meeting Agenda - July 31, 2007 Page 14 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: 1. 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; 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 work session 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 the Land Preservation 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 agricultural and/or residential structure areas, the placement shall be agreed upon among the Land Preservation Committee, the Planning Board and the landowner. Southold Town Meeting Agenda - July 31, 2007 Page 15 E. Upon recommendation of the 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 ÷ Minimum Lot Area of Zoning District= Yield on Entire Parcel. The landowner will be informed of the number of development rights available on the parcel. Any fractional amount shall be rounded down to the nearest whole number. Any existing non- agricultural production uses shall reduce the number of development rights available for sale on a 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 of the 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 Planning Board, and the Land Preservation 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 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 Southold Town Meeting Agenda - July 31, 2007 Page 16 schedule a public hearing on the application, with the same notice prescribed for zoning amendments. K. Town Board Action. Within thirty (30) days of the 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. 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. 1. 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 (1) 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 (1) development right has been sold, and shall also indicate the number of remaining development rights available for sale or transfer from the parcel. Southold Town Meeting Agenda - July 31, 2007 Page 17 a. The easement shall be in a standard form, acceptable to the Landowner and the Town Attorney 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 the fair market value of development rights for non- waterfront farmland of average size with an average amount of road frontage, obtained from two independent certified appraisers. 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. B. At the discretion of the Town, the Town may commission a new survey and a title search of the 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. Southold Town Meeting Agenda - July 31, 2007 Page 18 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 180 (one hundred and eighty) days after the previous purchase on the same parcel, and any refusal by the Town to do so shall not be considered an election not to purchase pursuant to §280-180E. G. Upon the landowner’s application, the Town shall purchase ten percent (10%) of the landowners residual development rights, or not less than one full development right, per calendar year. Any fractional amount shall be rounded to the nearest half of a development right. The Town may, if requested by the landowner, purchase more or less than ten percent each year. H. No application for sale of development rights received after November 1 of any calendar year shall be closed until the following calendar year, unless the Town and the landowner mutually agree to close in the same year. I. Participation in the AgPDD shall not preclude the landowner from participation in other preservation programs, including but not limited to, negotiating with the Town for the sale of all development rights. If the landowner chooses to negotiate with the Town for sale of development rights, the Town will pay for the appraisal one time. Any subsequent negotiations and application for sale of development rights through the Land Preservation program will be permitted, however the Town will obtain the appraisal at the expense of the landowner. 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. §280-180 Conditions Southold Town Meeting Agenda - July 31, 2007 Page 19 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 new additional reserved area will be deducted from the available development rights on the parcel, and any reduction in the reserved area may increase the development rights available on the parcel. Any reserved area for development shall not exceed 20% of the buildable area of 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 structure accessory to such residence must be located within 150 feet of the existing residential structure. D. Any structures, other than those for agricultural production, shall reduce the number of development rights available for sale or transfer. E. If the Town elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision as set forth in §280-181C. If there has been a subsequent request by the landowner for purchase of development rights and an agreement by the Town to purchase at least 10% development rights pursuant to §280-177G, the landowner is not eligible to pursue a standard subdivision. §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%) of the 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 elects not to purchase 10% of development rights as set forth in 280-177G, the landowner may pursue a Standard Subdivision. For a period of ten years from the date of the Town’s election not to purchase development rights pursuant to §280-177G, the yield for the subdivision Southold Town Meeting Agenda - July 31, 2007 Page 20 shall be based on the zoning in effect on the parcel at the time it was zoned AgPDD, after which the yield shall be that of the underlying zone in effect as of the date of the subdivision. Any land preserved by sale of development rights shall not be applied toward any preservation or subdivision open space requirement. The yield calculated pursuant to §280-174F shall not be the yield for the standard subdivision. The standard subdivision yield shall be calculated pursuant to Chapter 240 of the Town Code. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-655 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-656 CATEGORY: Planning DEPARTMENT: Town Attorney LL AgPPD to SCPC & STPD RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward "A Local Law in relation to an Agricultural Planned Development District" to the Southold Town Planning Board and Suffolk County Planning for review and comments. Southold Town Meeting Agenda - July 31, 2007 Page 21 Vote Record - Resolution RES-2007-656 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-657 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH LL 8/28 7:50 Pm Peddling WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 31st day of July, 2007 a Local Law entitled relation to Amendments to Peddlers, Solicitors and Transient Retail Merchants” 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 28th day of August, 2007 at 7:50 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Peddlers, The proposed Local Law entitled, Solicitors and Transient Retail Merchants” reads as follows: LOCAL LAW NO. 2007 “A Local Law in relation to Amendments to Peddlers, Solicitors and A Local Law entitled, Transient Retail Merchants” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – To update the procedures for registration and regulation of certain peddlers, solicitors and transient retail businesses in the Town of Southold, and require that they be located in appropriate areas. Southold Town Meeting Agenda - July 31, 2007 Page 22 II. Chapter 197 of the Code of the Town of Southold is hereby amended as follows: § 197-1. Legislative intent. The purpose of this chapter is to prevent business practices of provide for the registration and regulation of certain peddlers, solicitors and transient retail businesses from existing in the Town of Southold, with certain exceptions, as otherwise provided herein, by providing for the registration and regulation of the conduct of certain peddlers, solicitors and canvassers and otherwise eliminateing certain practices. §197-2. Definitions. As used in this Chapter, the following terms shall have the meanings indicated: PEDDLER -- A person who goes from place to place by traveling on foot or by any type of conveyance on the streets or from house to house carrying, transporting or conveying goods, wares, merchandise, foods, farm products or provisions, offering and exposing the same for sale or making sales and deliveries to purchasers or who solicits orders and, as a separate transaction, makes deliveries to purchasers. The word "peddler" shall include the words "hawker" and "huckster." PERSON -- Includes the singular and the plural and shall also include and mean any individual, firm, partnership, corporation, voluntary association, incorporated association, club, society or other organization and any officer, employee or agent thereof. SOLICITOR and/or CANVASSER -- Any person who goes from place to place or house to house or stands in any street or public place taking or offering to take orders for goods, wares or merchandise, except as hereinafter exempted, or for services to be performed in the future or for making, manufacturing or repairing any article or thing whatsoever for future delivery. TRANSIENT RETAIL BUSINESS -- A retail or wholesale business conducted in a temporary structure or tent; from a truck, van or trailer; on a parking lot or vacant parcel of land; on a part of public right-of-way; or in any other place for a temporary period of time. Lack of a rental or leasing agreement of three months' or more duration, sealed by monetary consideration, shall be presumptive of a temporary situation. The type of merchandise being offered for sale will have no bearing on the designation. §197-3. License required. It shall be unlawful for any peddler or solicitor to sell or dispose of or to offer to sell or dispose of any goods, wares or merchandise within the Town of Southold or to solicit or act as a solicitor from door to door within the Town of Southold, or to operate a transient retail business without first registering with the Town Clerk of the Town of Southold as provided in this chapter and obtaining the license prescribed. §197-4. Exemptions. Southold Town Meeting Agenda - July 31, 2007 Page 23 A. The requirements of this chapter as to the payment of a license fee (but not as to registration) shall be held not to include the following persons, who are expressly exempt from its application: (1) Any person honorably discharged from the United States Army, Navy, Air Force or Marine Corps or other components of the military forces of the United States. (2) Persons engaged in delivering merchandise of any nature whatsoever on regular, scheduled routes to regular costumers, including specifically but not limited to persons delivering dairy products, bread and other merchandise over such routes; and, with respect to persons mentioned in this subsection, they shall be exempt from all requirements of this chapter relating to the payment of the license fee or license fees, terms and conditions. B. This chapter shall not apply to any of the following: [Amended 3-24-1992 by L.L. No. 8- 1992] (1) Sales conducted pursuant to statute. (2) Sales conducted pursuant to the order by any court. (3) Any person selling personal property at wholesale to dealers in such articles. (4) The sale of fruits and vegetables raised on the property where being sold. (5) Persons soliciting, collecting or operating a sale on behalf of any local bona fide charitable, religious, patriotic or other organization of worthy cause deemed to be in the public interest and which organization is represented locally by a Town resident. (6) Any person selling personal property at a garage sale held at his residence. (7) The sale of newspapers. (8) Any merchant having an established place of business within the Town of Southold. §197-5. Permitted activities. A. The following activities shall be the only activities which can be licensed pursuant to this chapter: (1) The sale of ice cream, milk and other dairy products. (2) The sale of hot dogs, soda and other items customarily found on hot dog vending trucks. Southold Town Meeting Agenda - July 31, 2007 Page 24 (3) The operation of coffee trucks and the sale of goods ordinarily associated therewith. B. All other businesses hereinabove defined as transient retail businesses shall be illegal in the Town of Southold. §197-6. Application for license. Any person desiring a license under this chapter shall first register with the Town Clerk of the Town of Southold and shall file with said Town Clerk an application, in writing, containing the following information: A. The name of the applicant. B. The applicant’s permanent home residence. C. The name, address and telephone number of the person from whom goods making up the stock, if any, were or are to be purchased. D. Three bona fide business references. E. The place or places of residence of the applicant for the next preceding three years. F. Two recent photographs of the applicant, approximately 2 1/2 inches by 2 1/2 inches in size, together with a complete set of fingerprints. G. A description of the goods, wares or merchandise to be sold and offered for sale and/or the purpose of his proposed canvassing or solicitation. H. For transient retail business, the location where the business will be conducted and a survey showing the proposed location. H.I. The length of time for which the license is required and registration is to be effective. I.J. Details of any arrests or convictions for misdemeanors and crimes, including the nature of the offense for which arrested or convicted, the date of conviction and the place where said conviction was had. J.K. To said application and as a part thereof, there shall be attached a letter from the firm or corporation for which the applicant works, authorizing the applicant to act as its representative. K.L. A statement by a reputable physician, dated not more than 10 days prior to the submission of the application, certifying the applicant to be free of contagious infections or contagious diseases. Southold Town Meeting Agenda - July 31, 2007 Page 25 L.M. An authorization certification from the New York Sales Tax Bureau. §197-7. Investigation of applicant. Application referral. A. Each application shall be referred to the Police Department, which shall, without delay, institute such an investigation of the applicant's business and moral character as it deems necessary for the protection of the public good and complete the same within a reasonable time. No license shall be issued until the application shall have been approved by the Police Department. The approval or rejection shall be endorsed on the application by the Chief of Police or officer in charge. B. Transient Retail Business Applications shall be referred to the Building Department for review of compliance with zoning and site plan requirements. §197-8. Issuance of license; records; possession. A. The license shall be issued on forms drawn in accordance with this chapter. They shall be consecutively numbered and shall contain spaces for the insertion of the name, location of the business and amount of fee paid. B. There shall be kept in the office of the Town Clerk the necessary books for recording the time the application was received, showing whether it is an application for a new or renewal license, the name of the license, the date of approval by the Town Clerk, the amount of fee received therefor and the date when the license was issued. C. Every person holding a license under this chapter shall be required to have in his possession the license at all times while actually engaged in peddling. §197-9. Fees; expiration of license. A. The nonrefundable fee for each license application pursuant to this chapter shall be $200 per year or $50 per day or fraction thereof. B. Licenses shall be issued on an annual basis and shall expire on December 31 of the year of issuance. §197-10. Restrictions. A. A hawker, peddler or solicitor shall: A.1. Not engage in such business at any time between the hours of 8:00 p.m. and 9:00 a.m. B.2. Not willfully misstate the quantity or quality of any article offered for sale. C.3. Not offer for sale any unwholesome, tainted, deleterious or diseased provisions or merchandise. Southold Town Meeting Agenda - July 31, 2007 Page 26 D.4. Keep the vehicles and receptacles used by him in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects. E.5. Not call attention to his goods by blowing a horn, by ringing a bell other than a house doorbell, by shouting or crying out or by any loud or unusual noise. F.6. Not stand or permit the vehicles used by him to stand in one place in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or any lessee of the premises objects. G.7. Not create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise. H.8. Not engage in such business within 500 feet of any school between the hours of 7:00 a.m. and 4:00 p.m. on school days. I.9. Not sell or peddle prepared foods of any kind, including ice cream, confectionery, beverages, prepackaged snack foods, hot dogs, hamburgers and other sandwiches, on any Town beach upon which is located a concession stand operated under an agreement with the Town or on any parking area adjacent thereto. 10. Not peddle or solicit in any congested place or area when or where such activity may impede, endanger or inconvenience the public or add to the congestion of such place or area. For the purposes of this subsection, the judgment of any peace officer, code enforcement officer of the Town of Southold or police officer, exercised in good faith, shall be deemed conclusive as to the existence of congestions and as to whether the public is impeded, endangered or inconvenienced. B. A transient retail business shall be: 1. Located on a property in a zoning district where retail is permitted. 2. Subject to site plan review by the Planning Board for adequate ingress/egress and parking. §197-11. Revocation of license; hearing. A license may be revoked by the Town Clerk or the Chief of Police by reason of violation or the terms of the license, the violation of any Town ordinance or state or federal statute or falsification or fraud in applying for the license. The licensed person may, upon making application to the Town Clerk, in writing, request a hearing by the Town Board upon the revocation or suspension of the aforesaid license. § 197-12. Signs. Southold Town Meeting Agenda - July 31, 2007 Page 27 Appropriate signs, as the Town Board of the Town of Southold shall deem necessary, shall be erected by the Highway Department of the Town of Southold at such places within the Town of Southold as the Town Board directs, advising of the existence of this chapter. Any signs associated with sales and business conducted pursuant to this Chapter shall be subject to Chapter 280, Zoning, Article XIX, Signs, of this Town Code. § 197-13. Penalties for offenses. Any person required by this chapter to procure a license who violates its terms or who violates any of the provisions of this chapter shall, upon conviction thereof, forfeit and pay not less than $500 or more than $2,500 for the first offense and no less than $1,000 or more than $5,000 for the second or any subsequent offense. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-657 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?????????? Defeated Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-658 CATEGORY: Planning DEPARTMENT: Town Attorney Peddlers LL to SCPC & STPD RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward "A Local Law in relation to Amendments to Chapter 197- Southold Town Meeting Agenda - July 31, 2007 Page 28 Peddlers, Solicitors and Transient Retail Merchants" to the Southold Town Planning Board and Suffolk County Planning for review and comments. Vote Record - Resolution RES-2007-658 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-659 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Brian J. Hughes to Bd of Ethics RESOLVEDappoints Brian J. Hughes that the Town Board of the Town of Southold hereby to the Southold Town Board of Ethics to fill the unexpired term of Frederick A. Ross, effective immediately through March 31, 2010. Vote Record - Resolution RES-2007-659 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-660 CATEGORY: Public Service DEPARTMENT: Town Clerk Waive 30 Day Notification for Liquor License Renewal for Farmer Bar RESOLVED waives the 30 Day that the Town Board of the Town of Southold hereby notification for the renewal of a liquor license to Farmer Bar , 4805 Depot Lane, Cutchogue, New York. Southold Town Meeting Agenda - July 31, 2007 Page 29 Vote Record - Resolution RES-2007-660 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-661 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Chris R. Showalter to the Dredging Advisory Committee RESOLVEDappoints Chris R. that the Town Board of the Town of Southold hereby Showalter to the Dredging Advisory Committee effective immediately through March 31, 2009. Vote Record - Resolution RES-2007-661 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-662 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Waive Parking Regulations Along Roadside At 10550 Nassau Point Rd., Cutchogue RESOLVEDwaives the “No Parking” that the Town Board of the Town of Southold hereby regulations along the roadside by 10550 Nassau Point Road, Cutchogue on Saturday, August 4, 2007 , to accommodate guest parking for a memorial service. Vote Record - Resolution RES-2007-662 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell Southold Town Meeting Agenda - July 31, 2007 Page 30 2007-663 CATEGORY: Planning DEPARTMENT: Town Attorney Dredging Projects - Town Co-Permittee RESOLVEDthat the Town will act that the Town Board of the Town of Southold determines as co-permittee with Suffolk County on dredging projects within the Town, and authorizes Supervisor Russell to execute any necessary documents relating to dredging permit applications. Vote Record - Resolution RES-2007-663 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-664 CATEGORY: Seqra DEPARTMENT: Town Attorney LL No Parking Oak and Maple Streets Type II SEQRA RESOLVEDfinds that the adoption of that the Town Board of the Town of Southold hereby the local law entitled “A Local Law in relation to No Parking area on Oak Street and Maple Street in Greenport During School Hours” is classified as a Type II Action pursuant to SEQRA Rules and Regulations , 6 NYCRR Section 617.5, is not subject to review under SEQRA, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Vote Record - Resolution RES-2007-664 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-636 Tabled 7/17/2007 4:30 PM Southold Town Meeting Agenda - July 31, 2007 Page 31 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL #16 Cell Towers WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County, “Temporary Moratorium on New York, on the 19th day of June, 2007, a Local Law entitled, the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” ; and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law on July 17, 2007, at which time all interested persons were given an opportunity to be heard, now therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “Temporary Moratorium on the Processing, Review of, and making Local Law entitled, Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold” reads as follows: LOCAL LAW NO. _16_of 2007 Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold. BE IT ENACTED BY the Town Board of the Town of Southold as follows: Section 1. PURPOSE AND INTENT The Town Board is considering the important implications of the recent proliferation of wireless communication facilities projects within the Town, including already constructed cell towers, towers currently under Town review and proposed cell tower projects. The Town Board believes that a haphazard, piecemeal approach to the proliferation of such towers could be detrimental to the character of the Town, including its active farmland, open spaces, scenic byways and vistas, all of which the Town has expended substantial resources to preserve, cultivate and maintain. The Town Board recognizes that the existing Zoning Code is inadequate to deal with the inherent conflict between the need for cell towers, for emergency and other communication purposes, and the Town’s other planning goals. The size and scale of the Town, the scale of its agricultural and rural history, and the long-range goals of the Town (as set forth in the recently adopted Hamlet Study and other past planning studies) dictate that wireless communication facilities should be placed in a strategic manner so as to coexist as peacefully as possible with the Town’s historical, agricultural and rural culture. Regulations on the size, location and appearance of wireless communication facilities are necessary to address the problems these structures create. It is critical that the issues be handled in a comprehensive manner, crucial legislative decisions made and those decisions implemented. The Town is establishing a Wireless Communication Facility Task Force to work with the Planning Board, Planning Department and the Town Attorney to review the locations, size and appearance of cell towers, to update and Southold Town Meeting Agenda - July 31, 2007 Page 32 create new legislation that will comprehensively meet the long-range goals of the Town. The Town Board finds that it is reasonable and in the public interest to temporarily suspend the application process for wireless communication facilities so that it has adequate time to examine, assess and address these uses that would otherwise be detrimental to the community. For the reasons stated above and to permit the Town Board to decide on and enact needed legislation, this moratorium is necessary. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of One Hundred Eighty (180) Days following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the One Hundred Eighty (180) Day period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a site plan containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally- enacted time periods for processing and making decisions on all aspects of said site plan applications are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 2) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special exception use permit containing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-b and Chapter 280 of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of said special exception use permits are suspended and stayed while this Local Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. 3) The Building Inspector shall not accept for review, continue review or make any determination upon any application for a building permit proposing a WIRELESS COMMUNICATION FACILITY, whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law §274-a, Chapter 280 and Article XXV of the Southold Town Code, including without limitation, provisions relating to the processing, reviewing and the rendering of determinations. The statutory and locally- enacted time periods for processing and making determinations on all aspects of said building permit applications are suspended and stayed while this Local Southold Town Meeting Agenda - July 31, 2007 Page 33 Law is in effect. All terms used in this Local Law are as defined in §280-4 of the Code of the Town of Southold. Section 3. APPLICATION This Local Law shall apply to ALL [new or pending] applications for site plans or special exception use permits for WIRELESS COMMUNICATION FACILITIES in the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) Site plans for which final or conditional final approval was granted by the Planning Board prior to the effective date of this Local Law. 2) Applications for co-location of wireless telecommunication facilities inside a permitted tower, with no component parts visible from the exterior. Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of New York State Town Law, this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3); §10(1)(ii)(a)(14) and §22 to supersede any inconsistent authority. In particular, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §274-a, §274-b and the provisions and requirements set forth in Chapter 280 of the Southold Town Code, which require that the Planning Board or Zoning Board of Appeals process, review, hold hearings on, and act upon applications for site plans and special exception use permits within specified time periods, this Local Law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law if, in its legislative discretion, upon its determination, the variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely affect the purpose of this Local Law, the health, safety or welfare of the Town of Southold, or any comprehensive planning efforts being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property, the range of business opportunities in the vicinity of the property and the surrounding hamlet, the rural, cultural, historic and business character of the hamlet, and the impact of the variance or waiver on the open and recreational space, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty ($250.00) dollars for the processing of such application, along Southold Town Meeting Agenda - July 31, 2007 Page 34 with copies of the site development plan and any related information required in accordance with the procedures set forth in Chapter 280 of the Southold Town Code. c. All such applications shall, within five (5) days of filing with the Town Clerk be referred to the Planning Board, which shall have ten (10) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board. The Town Board may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. 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. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-636 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-638 Tabled 7/17/2007 4:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Sign Regulations WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in Relation County, New York on the 5 day of June, 2007, a Local Law entitled to Amendments to the Sign Regulations”, AND WHEREAS that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it Southold Town Meeting Agenda - July 31, 2007 Page 35 RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed “Local Law in Relation to Amendments to the Sign Regulations”, which reads as follows: Local Law No. _18_ of 2007 Section 1. Purpose . The purpose of this Local Law is to allow for the removal of signs located on public property without notice to the beneficiary of the sign, and to establish a monetary penalty for violations. Section 2. Code Amendment . Chapter 280 Zoning of the Code of the Town of Southold is hereby amended as follows: § 280-88. Unsafe, abandoned and unlawful signs. A. The ownerbeneficiary of a sign and the owner of the premises on which such sign is located shall be jointly liable to maintain such sign, including its illumination sources, in a neat and orderly condition and good working order at all times and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. B. If the Building Inspector shall find determinesthat any sign regulated herein is unsafe, insecure, damaged, deteriorated, or a menace to the public is an immediate peril to person or , propertyor has been erectedon property other than private property or in violation of the provisions of this chapter, he shall give written notice by certified mail to the owner of the premises on which such sign is located, as shown on the latest Town assessment roll. Said sign and all appurtenances shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 30 days after written notification from the Building Inspector. Upon the failure to comply with such notice within the time specified therein, the Building Inspector is authorized to remove or cause the removal of such sign at the expense of the person or persons named in such notice. such sign . may be removed and disposed of by the Town without prior noticeUpon such removal, all costs and expenses incurred by the Town for the removal and storage of such sign shall be assessed against the land on which such sign was located the responsibility of the owner or beneficiary of such sign. The Town may pursue any and all remedies available at law to recover any unpaid costs associated with removal of any sign, including filing a statementand a statement of such expenses shall be presented to the owner of the land. If such statement is not paid within 30 days after its presentment, the Building Inspector may file a statement with the Town Assessors, identifying the property in connection with which such expenses were incurred and the owner thereof as shown on the latest assessment roll of the Town. The Assessors, in the preparation of the next assessment roll, shall assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalty as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. The owner of the sign removed by the Building Inspector as hereinbefore provided shall not be permitted to redeem such sign until all expenses of removal and storage have been paid. Southold Town Meeting Agenda - July 31, 2007 Page 36 C. If, in the determination of the Building Inspector, a sign is an immediate peril to persons or property, he may cause such sign to be removed summarily and without notice. The cost of such removal shall be paid by the Town, and such amount shall be and become a lien upon the premises in question and shall be levied and collected in the same manner and under the same penalties as an assessment of a public improvement. C. At the discretion of the Building Inspector, a sign may be stored by the Town and notice given by certified mail or personal service to the owner and/or beneficiary of the sign. Such sign may be redeemed by the owner or beneficiary upon payment of the removal and storage costs. Any sign stored by the Town and not redeemed within 30 days of the date of mailing may be disposed of without additional notice. D. The owner of property upon which a sign is located, or any person that erects, installs or maintains a sign in violation of the provisions of this chapter shall be guilty of an offense punishable by a fine not to exceed $500. per sign, or imprisonment not to exceed 15 days, or both such fine and imprisonment. Section 3. Severability . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged to be invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional. Section 4. Effective Date . This Local Law shall take effect immediately upon filing with the Secretary of State. Vote Record - Resolution RES-2007-638 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell 2007-533 Tabled 6/5/2007 7:30 PM CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact a Local Law In Relation to No Parking Area on Oak Street and Maple Street In Greenport During School Hours WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in relation County, New York, on the 8 day of May, 2007 a Local Law entitled to No Parking area on Oak Street and Maple Street in Greenport During School Hours” and Southold Town Meeting Agenda - July 31, 2007 Page 37 WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid th 5 day of Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the June, 2007 at 7:50 p.m. 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 hereby ENACTS the proposed “A Local Law in relation to No Parking area on Oak Street and Maple Local Law entitled, Street In Greenport During School Hours” that reads as follows: LOCAL LAW NO. 19 of 2007 “A Local Law in relation to No Parking area on Oak Street A Local Law entitled, and Maple Street in Greenport During School Hours” . BE IT ENACTED by the Town Board of the Town of Southold as follows: V. Purpose - In order to provide for the health, safety and welfare of the citizens of the Town of Southold, the Town Board finds it necessary to enact these limited parking restrictions in this school zone. VI. Chapter 92 of the Vehicle and Traffic Code of the Town of Southold is hereby amended as follows: § 92-42. Parking Prohibited during certain hours. The parking of vehicles is hereby prohibited between the hours indicated in any of the following locations: Name of Street Side Between the Location Hours of Oak Street Both 9:00 a.m. and In Greenport, 3:00 p.m., from the intersection of Sixth Mondays through Avenue and Oak Street to Fridays from and the terminus of Oak Street including Sep- tember through and including June Maple Street Both 9:00 a.m. and In Greenport, 3:00 p.m., from the intersection of Sixth Mondays through Avenue and Maple Street to Fridays from and the terminus of Maple Street including Septem- Southold Town Meeting Agenda - July 31, 2007 Page 38 ber through and including June VII. 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. VIII. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Vote Record - Resolution RES-2007-533 ? Yes/Aye No/Nay Abstain Absent ? ? ? ? Albert Krupski Jr. ? Adopted ???????? William P. Edwards ?? Adopted as Amended ?? Defeated ???????? Daniel C. Ross ?? Tabled ???????? Thomas H. Wickham ?? Withdrawn ???????? Louisa P. Evans ???????? Scott Russell CLOSING STATEMENTS 29. 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 __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk