Loading...
HomeMy WebLinkAboutCremers, WilliamRESOLUTION 2008-223 ADOPTED DOC ID: 3642 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-223 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a consultancy agreement retaining the services of William Cremers to assist the Planning Department in site plan review and other Town Dlannine functions, payment not to exceed $1,000 per month for a period no more than six (6) months, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell SCOTT A. RUSSELL SUPERVISOR ORIGINAL Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD March 5, 2008 Mr. William Cremers 590 Soundview Avenue Mattituck, NY 11952 Re: Consultancy Agreement - Town of Southold Planning Board Dear Mr. Cremers: I am pleased to report that the Town Board of the Town of Southold has authorized me to engage your services as a consultant to assist the Town of Southold Planning Board, on the following terms: Your services shall include: 1. Assist with review of site plan and subdivision applications for completeness and accuracy, as needed. 2. Assist with review of staff reports and resolutions for content and consistency with Code and Planning Board decisions and policy, as needed. 3. Assist with the review of updates to Town Code relating to Planning Board, as needed. · The compensation to you shall be no greater than $1,000 per month. · The compensation stated above is based on an expected time commitment of 20 hours per month ($50 per hour). This commitment may be adjusted month-to-month based upon mutual agreement between you and the Planning Board. · Either party may terminate this agreement at any time, for any reason, without liability to the other party, to the extent permitted by law. · This agreement shall terminate automatically in six (6) months, unless extended in writing by both parties. Mr. William Cremers March 5, 2008 Page 2 If these terms are acceptable to you, please countersign this document below. Sincere~ Supervisor SAR/Ik ACCEPTED AND AGREED-TO: William Cremers Dated: ~,/"~'"",/,~,,~" Southold Town Board - Letter Board Meeting of September 9, 2008 RESOLUTION 2008-853 ADOPTED Item # DOC ID: 4201 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-853 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to extend the consultancy agreement retaining the services of William Cremers to assist the Planning Department in site plan review and other Town planninf~ functions, payment not to exceed $1,000 per month, for an additional four (4) months, ending December 31,2008, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Generated September 12, 2008 Page 27 SCOTT A. RUSSELL SUPERVISOR ORIGINAL Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD October 3, 2008 Mr. William Cremers 590 Soundview Avenue Mattituck, NY 11952 Re: Consultancy Agreement- Town of Southold Planning Board Dear ~ I am pleased to report that the Town Board of the Town of Southold has authorized me to extend the term of the Consultancy Agreement between you and the Town dated March 5, 2008, for an additional four (4) months, ending December 31, 2008. All other terms of the Agreement shall remain in tact. If these terms are acceptable to you, please countersign this document below. Sincerely, ~cott A. Russell Supervisor SAR/Ik ACCEPTED AND AGR.~EEp TO: William Cremers Dated: Southold Town Board - Letter Board Meeting of May 6, 2008 RESOLUTION 2008-494 ADOPTED Item # DOC ID: 3870 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-494 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to retain the services of William Cremers to assist the Planning Board as a consultant, at the discretion of the Planning Board at a rate of $80.00 per hour, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Louisa P. Evans, .iustice AYES: Ruland, Orlando, Krupski .Ir., Wickham, Evans, Russell Generated May 9, 2008 Page 52 SCOTT A. RUSSELL SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD June 20,2008 Mr. William Cremers 590 Soundview Avenue Mattituck, NY 11952 Re: Consultancy Agreement- Town of Southold Planning Board Dear Mr. Cremers: I am pleased to report that the Town Board of the Town of Southold has authorized me to engage your services as a consultant to assist the Town of Southold Planning Board, on the following terms: · Your services shall include assisting the Planning Board with the tasks identified in the attached Exhibit A, as relates to the implementation of the Town of Southold LWRP, in accordance with the terms of the New York State Grant secured for such projects. Your work shall be conducted at the direction of the Planning Board and the Planning Director. · The compensation to you shall be at a rate of $80.00 per hour. · Either party may terminate this agreement at any time, for any reason, without liability to the other party, to the extent permitted by law. Both parties hereby agree to modify the terms of this Agreement, as necessary, to comply with the terms of any grant(s) the Town has secured in connection with the work described herein. Mr. William C~mers June 20,2008 Page 2 below. If these terms are acceptable to you, please countersign this document Sincerely, SAR/Ik ACCEPTE~ AND AGR.~)~: VVI~Ii'a ~ Cremers ~ Dated: ~.~/~ Scott A. Russell Supervisor EXHIBIT A The Town of Southold Local Waterfront Revitalization Program (LWRP) Chapter V Implementation Section-C Study and Project Descriptions lists thc General Code Rewrite project as first on the list. Project Purpose 1. Implement and advance the intent and policies of the Town of Southold Local Waterfront Revitalization Program through the re-evaluation of the Town of Southold Town Code definitions and language to identify inconsistencies and conflicts with the intent and policies of the LWRP; and 2. Recommend to the Town of Southold Town Board code amendments that would meet and/or further the intent and policies of the LWRP; and 3. Implement and advance the intent and policies of the Town of Southold Local Waterfront Revitalization Program through the re-evaluation~ of the Town of Southold Code zoning districts to identify permitted and special exception uses which are inconsistent and/or unsupportive of the intent and polices of the LWRP; and 4. Recommend to The Town of Southold Town Board amendments to cause the permitted and special exception uses within each zoning district to become consistent with and/or further the policies of the LWRP. A summary of the LWRP Section III policies include: Policy 1 Policy 2 Policy 3 Policy 4 Policy 5 Policy 6 Policy 7 Policy 8 Policy Policy Policy Policy Policy 9 10 11 12 13 Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Preserve historic resources of the Town of Southold. Enhance visual quality and protect scenic resources throughout the Town of Southold. Minimize loss of life, structures, and natural resources from flooding and erosion. Protect and improve water quality and supply in the Town of Southold. Protect and restore the quality and function of the Town of Southold's ecosystem. Protect and improve air quality in the Town of Southold. Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Provide tbr public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Promote sustainable use of living marine resources in the Town of Southold. Protect agricultural lands in the Town of Southold. Promote appropriate use and development of energy and mineral resources. -1- 1 Task 1. Implement and advance the LWRP through the review of the Town of Southold Town Code definitions for clarity and enforceability to the policies of the LWRP. Task la. Identify inconsistent definitions within and between Chapters of the Town of Southold Town Code. Task lb. Recommend to the Town of Southold Town Board revisions to definitions to achieve greater clarity and enforcement capabilities of the policies of the LWRP. During this task Planning Department Staff will compile a listing of all definitions in the Town of Southold Town Code. Once listed, definitions will be reviewed for consistency, clarity and defensibility in legal interpretation and whether the definitions further the policies of the LWRP. Products: Report One; This report will identify inconsistencies of definitions within the Chapters of the Town of Southold Town Code and propose amendments to definitions to add clarity and the ability to withstand legal interpretation in prosecution cases involving the enfomement of the LWRP Consistency Reviews and Town of Southold Town Code. Task 2. Implement and advance the LWRP through the review of the Chapter language of the Town of Southold Town Code. Task 2a. Identify sections of the code that require revision to integrate and further the policies of the LWRP. The Chapters that require review include The Town of Southold Town Code includes Chapters adopted in the 1950 and 1960's. In the mid 1970 many sections were amended. However, the amendments have also become outdated and results in conflicting sections and ineffective application and enforcement capabilities to protect the Town's coastal resources. More recently, Chapter 97 Wetlands and Chapter Al06 Subdivision of Land were amended, however, the amendments were enacted prior to the adoption of the LWRP and did not include language to insure that actions met or furthered the LWRP. The following Chapters that will be subject to review to the intent and policies of the LWRP: Chapter Original Adoption Date Chapter 6, Community Preservation Fund 1998 Chapter 14, Adoption of Local Laws, 1964 Chapter 18, Police Department 1964 Chapter 25, Agricultural Lands Preservation 1984 -2- 2 Chapter 32, Boats, Docks and Wharves 1935, 1959 et al. Chapter 33, Fishers Island Harbor Management 1997 Chapter 36, Burning Outdoor 1957 Chapter 37 Coastal Erosion Hazard Area 199 ! Chapter 41, Ducks Chapter 44, Environmental Quality Review 1978 Chapter 46, Flood Damage Prevention 1993 Chapter 48, Garbage Rubbish and Refuse 1948 Chapter 52, Housing 1967 Chapter 54, Junkyards 1965 Chapter 57, Littering 1973 Chapter 60, Motor Driven Vehicles 2000 Chapter 62, Parks and Recreation Areas 1981 Chapter 65, Parking at Beaches 1970 Chapter 74, Salvaging Center 1994 Chapter 75, Scavenger Waste 1985 Chapter 76, Sewers 1986 Chapter 77, Shellfish 1933 Chapter 81, Soil Removal 1965 Chapter 87, Transfer of Development Rights 2005 Chapter 88, Tourist and Tourist Camps 1953 Chapter 92, Vehicles and Traffic 1966 Chapter 95, Waterfront Consistency Review 2004 -3- 3 Chapter 97, Wetlands and Shoreline Chapter 100, Zoning Chapter A 106, Sub-division of Land Chapter A 108, Highway Specifications 1971 Entire Chapter Revision in 2004/2005 1957 et al. 1967 Entire Chapter Rewrite in 2004 1993 et al. Product: Report Two: The purpose of the report is to identify inadequacies within each Chapter in the furthering the policies of the LWRP and make recommendations to amend language within each Chapter to further the policies of the LWRP. Task 3. Evaluate and Implement Legislative Changes as Outlined in Section V Implementation pages 47 through 50 of the LWRP. The Town of Southold LWRP recommends the following legislative changes to the Town of Southold Town Code. This proposal will expand on the proposed changes listed below; evaluating each Chapter of the Town of Southold Town Code for consistency to the LWRP policies and all sections of the code. Note, that this list is not exhaustive. The following legislative changes will be evaluated and recommendations will be made to the Town Board. · Revise Chapter 18, Police to further define duties of Bay Constables, e.g. in enforcing Harbor Management Plans. Revise Chapter 36, Outdoor Burning to prohibit open air burning as per Part 36 of NYCRR. (2000 Census indicates year round population is more than 20,000 people.) Delete Chapter 36 and let State regulations be substituted. Revise Chapter 37 Coastal Erosion HazardArea to require periodic inspections to ensure work is being done in accordance with permit. Designate responsibility for inspections of work prior to completion of construction. Mandate restoration of bluff face when damaged due to poor or illegal construction practices. Revise Chapter 38, Dogs to create a modified pooper-scooper clause to prevent deposition of dog wastes on beaches, road ends, wetlands and drainage swales leading to surface waters, (and up to 200 feet therein) by requiring curbing by dog owners. Revise Chapler 45. Fire Prevention and Building Code to require submission of drainage and grading plans prepared by a licensed engineer with building plans for residential construction. Require site inspections of drainage and grading by Engineering Department prior to completion of construction; Require Health Department review of waste water for all proposed expansions to business properties; Require issuance of NYSDEC and Trustee permits in advance of building permits for all residential permits on the waterfront; Require internally-coordinated review of residential building permit applications by Highway and Engineering departments, and ZBA and -4- 4 Planning Board to ensure compliance with all outstanding variances, approvals, regulations, standards and best management practices. Require the Building Department to copy the Trustees and the Town Engineer (and where relevant, the Zoning Board of Appeals) with applications for residential construction within 100 feet of the landward side of the Coastal Erosion Hazard Area line, a flood zone or a wetland. Require coordinated review and inspection of residential waterfront development by Building Department, the Engineering Department, the Trustees (and where relevant, the Zoning Board of Appeals) during construction to ensure conformance with all applicable permits and other approvals or conditions thereof. Revise Chapter 46, Flood Damage Prevention to include Best Management Practices tbr Development and Construction and require contractors and property owners to adhere to them in proposed plans and during construction. Revise Chapter 48, Garbage, Rubbish and Refuse to require tracking of the commercial waste stream so Town can improve waste management decisions. Allow co-mingling of recyclables to make recycling more attractive to businesses. Revise Chapter 54, .Junk:yards to permit the use only in Light industrial zones and subject to strict groundwater protection protocols. Require annual renewal and inspection. Revise Chapter 56 Landmark Preservation Law to ensure that demolition and review procedures are followed. Revise Chapter 74, Salvaging Centers to permit the use to be located only in Light Industrial zones, away from sensitive environmental features such as wetlands, prime farm soils, surface waters and groundwater recharge areas. Include performance standards to ensure adequate environmental protection measures are followed and installed. Require annual renewal of license and inspection. Revise Chapter 75, Scavenger Wastes Disposal to require owners of septic systems located within 150 feet of water or wetlands to be pumped every three years, and to submit proof thereof. Revise Chapter 77, Shellfish to state that enfbmement responsibilities lie with Bay Constables pursuant to Chapter 18, Police; to remove migratory fish and crustaceans from Town regulation since these are subjects of State regulation and management. (This will be done during the upcoming rewrite of this local law.) Revise Chapter 81. Soil Removal to include Best Management practices for removal of soil and regrading, particularly near bluffs, steep slopes, wetlands and shoreline areas. Charge a fee commensurate with inspection costs. Clarify language so that Chapter 81 only applies to mining activities that thll below the statutory threshold of the State Mined Land Reclamation Law and it implementing regulations. Determine whether to permit mining at all. -5- 5 Revise Chapter 83, Highway (Stree0 Excavations to set construction and stormwater drainage standards for driveways and other property access points with local roads. Control access points with Town roads by requiring curb cut permits from Highway Superintendent for construction or relocation of new or existing access points for residential and commercial sites. Incorporate Best Management Practices for Road Construction /bt use on all driveway and road construction within 100 feet of sensitive habitat, steep slopes, wetlands and any surface waters. Revise Chapter 90, Unsafe Buildings to reference revised version of Chapter 56 Landmark Preservation Law. Revise Chapter 97, Wetlands to enable the Trustees to ensure better environmental protection, including but not limited to: Ensuring greater setbacks for structures from bluffs by defining specific criteria for issuance of variances. Revise Chapter 100, Zoning as follows: Amend definitions for clustering, buildable land (exclude dunes, bluff faces, beaches, wetlands and surface waters, illegally-filled land, underwater land). Require that all private streets and access to developed lots conform to Chapter ,4108 Highway Specifications. Require all boards and departments to issue permits or variances in compliance thereof. Restrict total square tbotage of expansion or constriction of structures on small or non- conforming lots. Amend site plan ordinance to require the review of solid waste connected with new proposed development. Require deduction of wetland areas when computing density for buildable land in subdivisions, cluster subdivisions and site plans. Amend site plan section to include provisions regarding additional standards to be applied to marine uses. Revise Chapter Al08 Highway Specifications to include standards where driveways meet town roads to ensure proper drainage. Also include specifications for alternative stormwater retention facilities such as reed beds, filtration basins, vegetated swales. Create a Watershed Protection Overlay District (and adopt density restrictions and BMPs) to protect the groundwater quality within the Town's Special Groundwater Protection Areas. Adopt standardized best management practice for: stormwater runoff development and constriction on site wastewater treatment systems boating and marinas agriculture lawn and gardcn chemicals road construction (including driveways) -6- 6 The adoption of these BMPs in the form of legislation or policies would help the Town protect its natural resources from the detrimental impacts that sometimes occur as a result of development activity. When used in conjtmction with other tools, such as clustering, BMPs can help protect environmentally sites such as Marion Lake (Reach 5), Hashomomack Pond (Reach 6), New Suffolk (Reach 8) and Horton Creek (Reach 9); all of which were targeted in the Inventory as requiring extra concern. In addition, the Inventory noted specific problems in need of resolution and suggested potential solutions. These included. · preserving views along Oregon Road in Reaches I and 2 · restricting expansion of dwellings on non-conforming lots around Marion Lake (in Reach 5) and Hashomomack Pond (in Reach 6) prevent further deterioration of water quality · recreational zoning for Island' End Golf Club in Reach 3. · controlling development on Husing Estate in Horton Creek in Reach 9 to protect water quality of the creek · rezoning the Moore's Drain area in Reach 6 which is currently zoned Light Industrial Office. Task 4. Implement and advance the LWRP through the review of Chapter 100 zoning districts to determine if uses meet or further the policies of the LWRP Task 4a - Review uses within all zoning districts to determine is the uses are consistent, inconsistent or further the LWRP Policies. The anticipated long-term effect of implementing the Town's LWRP will be to retain and reinforce the existing character of Southold with its alternating villages and countryside surrounded by productive and clean marine waters. The Town's Vision for itself has been to maintain its tmique small town character by absorbing limited amounts of growth, principally within its hamlets, in an environmentally and aesthetically compatible way The Town of Southold is separated into 17 zoning districts. The current zoning map was adopted in 1989 with minor amendments made in over the course ora year. This task will evaluate the permitted and special exception uses within each zoning district to determine whether the use: 1. is a water-dependent use or water-enhanced uses. 2. is consistent with I,WRP policies by meeting current code requirements. 3. is not consistent with the LWRP policies and could not become consistent with the LWRP without significant code changes that would mandate Best Management Practices and design standards for the use. 4. is the use appropriate in relation to available infrastructure and community services (water supply, lack of public sewer system. All uses within the following zoning districts will be evaluated to the above criteria. A-C Agricultural-Conservation District (two-acre minimum) R-80 Residential Low-Density District (two-acre minimum) -7- 7 R-40 R-120 R-200 R-400 HD AHD RR RO HB LB B MI MII LIO LI Residential Low-Density District (one-acre minimum) Residential Low-Density District (three-acre minimum) Residential Low-Density District (five-acre minimum) Residential Low-Density District (ten-acre minimum) Hamlet Density Residential District Affordable Housing District Resort Residential District Residential Office District Hamlet Business District Limited Business District General Business District Marine 1 District Marine II District Light Industrial Park/Planned Office Park District Light Industrial District Product: Report Three: In addition to the specific use amendments outlined in the LWRP discussed above, the report will re-evaluate permitted and special exception uses in each zoning district and identify those that are inconsistent or consistent (or could become further consistent with the requirement of Best Management Practices) with the intent and policies of the LWRP. Use tables will be included within this report. Land Use deletions and additions will be recommended to the Town Board for codification. -8- 8