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HomeMy WebLinkAboutAG-07/01/2008 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 www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER AGENDA SOUTHOLD TOWN BOARD July 1, 2008 4:30 PM 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 4:30 PM Meeting called to order on July 1, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell I. REPORTS 1. Budget Month ended May 31, 2008 2. Recreation Department Monthly Report May 2008 II. PUBLIC NOTICES 1. Zoning Ordinance - Other Towns Riverhead - Amend Section 108-22c(2) 2. NYS Liquor Authority - Liquor License Renewal Stepfal Restaurant Corp d/b/a Village Pizza, 13500 Main Rd, Store 1 & 2, Matttiuck Southold Town Meeting Agenda - July 1, 2008 Page 2 North Fork Table LLC d/b/a North Fork Table and Inn, 57225 Main Rd., Southold III. COMMUNICATIONS IV. DISCUSSION CANCELLED - 9:00 AM - Unsafe Building Hearing 1600 Bay Avenue, East Marion 1. 10:00 AM - Ray Huntington Small Parcel Preservation Policy 2. 10:30 AM - Melissa Spiro PLT Stewardship Contract 3. 10:45 AM - Jamie Richter Parking Restrictions at New Suffolk 4. 11:00 AM - George Smith Gloria Spire Solar 5. 11:30 AM - Phillip Beltz Affordable Housing Revisions 6. 12:00 Noon - Heather Lanza Planned Development District Consultant RFPs Planning Department Recommendation re CFD fee refund Heritage Update 7. 12:30 Pm - Lunch 8. 1:30 PM - Executive Session - Melissa Spiro Purchase of Development Rights (2) 9. Increase Pay for Crossing Guards 10. Establishment of Peconic School Building Committee per Councilman Orlando 11. Update Home Occupation 12. Wireless Moratorium Renewal 13. Executive Session Southold Town Meeting Agenda - July 1, 2008 Page 3 CSEA Issues: Grievance settlement Disciplinary settlement Negotiations/approval of MOA 14. B & B in Maritime Zones - Per Supervisor Russell 15. Town Vehicle Policy 16. Peconic Transfer Station V. RESOLUTIONS 2008-628 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit Dated 7/1/08 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby July 1, 2008. ? Vote Record - Resolution RES-2008-628 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-629 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting July 15, 2008 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, July 15, 2008 at the Southold Town Hall, Southold, New York at 7:30 P. M.. Southold Town Meeting Agenda - July 1, 2008 Page 4 ? Vote Record - Resolution RES-2008-629 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-630 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Increase FIFD Salary -- Matthew Lynch WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their May 7, 2008 meeting to increase the hourly rates of pay for full-time Ferry Captain Matthew Lynch, and WHEREAS the Town Board of the Town of Southold is required to approve all pay rate changes for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDincreases the hourly rates that the Town Board of the Town of Southold hereby of pay to $22.00 for full-time Ferry Captain Matthew Lynch of the Fishers Island Ferry District, effective May 29, 2008. ? Vote Record - Resolution RES-2008-630 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-631 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the Suffolk County Historical Society to Use the Following Roads and Town Beaches for Its Bicycle Run on Sunday, September 14, 2008 Southold Town Meeting Agenda - July 1, 2008 Page 5 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Suffolk County Historical Society to use the following roads and town beaches for its bicycle run on Sunday, September 14, 2008 beginning at 8:30AM in Riverhead, heading east into Southold: Sound Avenue to Southold Town Beach continuing to Greenport’s Main Road; return trip via Main Road (Route 25) west to Bay Avenue in Mattituck to Peconic Bay Boulevard into 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 within ten (10) days of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-631 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-632 CATEGORY: Retirement/Resignation DEPARTMENT: Accounting Resignation of Bruno Semon RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Bruno Semon from the position of Senior Site Plan Reviewer in the Planning Department , effective July 4, 2008. ? Vote Record - Resolution RES-2008-632 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-633 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Southold Town Meeting Agenda - July 1, 2008 Page 6 Grant Permission to Police Officers William Brewer and Thomas Hudock to Attend the Annual Training Conference for the State of New York Police Juvenile Officers Association RESOLVED grants permission to Police that the Town Board of the Town of Southold hereby Officers William Brewer and Thomas Hudock to attend the State of New York Juvenile Officers Association Annual Training Conference commencing on Sunday, August 24 through Friday, August 29, 2008 in Ithaca, New York. All expenses for travel, accommodations and miscellaneous expenses to be a legal charge to the 2008 Juvenile Aid Budget line - A.3157.4.600.200. Travel to be by Department vehicle. ? Vote Record - Resolution RES-2008-633 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-634 CATEGORY: Surplus Equip - Non Usable DEPARTMENT: Police Dept Surplus Vehicles - Police WHEREAS, no bids were received for the following vehicles located on Fishers Island: 1992 Ford - 2FACP72WONX206520 - 98,991 miles 1995 Chevrolet - IGIBL52P25R1532557 - unknown mileage now therefore be it RESOLVEDdeclares the above listed that the Town Board of the Town of Southold hereby vehicles to be unusable surplus equipment and should be disposed of. ? Vote Record - Resolution RES-2008-634 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - July 1, 2008 Page 7 2008-635 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the New Suffolk Civic Association to Use the Following Roads for Its Annual Independence Day Parade in New Suffolk on Friday, July 4, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby New Suffolk Civic Association to use the following roads for its Annual Independence Day Parade in New Suffolk on Friday, July 4, 2008 beginning at 10:30 AM: Old Harbor Road, Tuthill Road, New Suffolk Road, Fifth Street, Main Street, First Street and Town Beach, 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 immediately upon approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-635 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-636 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Assessors Fiscal Impact: This modification is requested to purchase an appraisal software. With the volume of grievances filed this year, we will no longer be able to do all the workups for Small Claims as we have been doing in the past. This program will aid in the process. RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town, General Fund budget, as follows: TO : Southold Town Meeting Agenda - July 1, 2008 Page 8 A.1680.2.400.520 Data Processing $400.00 Personal Computer Service FROM : A.1355.4.500.200 Board of Assessors $400.00 Fees for Service Appraisals ? Vote Record - Resolution RES-2008-636 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-637 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to the North Fork Country Club’s “Two Day Member Guest Golf Tournament” in Cutchogue for a Limited Closure Moore’s Lane, Cutchogue on Friday, July 18 and Saturday, July 19, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby North Fork Country Club’s “Two Day Member Guest Golf Tournament” in Cutchogue for a limited closure Moore’s Lane, from the Main Road to the southerly line of the “Country Club Estates” subdivision, total closure from that southerly point south to the northern line of the William Tyree land parcel, and limited closure from that point south to the intersection of Moores Lane and New Suffolk Avenue (closures would permit access to residents of Moores Lane and “Country Club Estates”), beginning on Friday, July 18, 2008 from 7:00 AM to 6:00 PM and Saturday, July 19, 2008 from 7:00 AM to 3:30 PM provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley immediately upon the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. Southold Town Meeting Agenda - July 1, 2008 Page 9 ? Vote Record - Resolution RES-2008-637 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-638 CATEGORY: Employment - Town DEPARTMENT: Accounting Extend Part-Time Food Service Worker Donna Goodale to Full-Time for an Additional 30 Days WHEREAS the return to work date for a full-time Food Service Worker in the Human Resource Center who has been out of work on sick leave since May 1, 2008 due to a medical condition is unknown, and WHEREAS the Town Board has determined that it is the best interest of the Town to further extend the hours of the part-time Food Service Worker to full-time while said full-time Food Service Worker is out of work on sick leave, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby extends the hours of Food Service Worker Donna Goodale to full-time for an additional 30-day period commencing July 3, 2008 and be it further RESOLVED that the Town Board of the Town of Southold hereby extends the hourly rate of pay change to $13.7255 for Food Service Worker Donna Goodale for an additional 30 day period commencing July 3, 2008. ? Vote Record - Resolution RES-2008-638 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - July 1, 2008 Page 10 2008-639 CATEGORY: Budget Modification DEPARTMENT: Accounting Appropriate Grant from Lions Club of Mattituck WHEREAS the Lions Club of Mattituck has made a donation of $2,500 to the Town of Southold for the restoration of Strawberry Fields, and WHEREAS the Town Board has determined that it is in the best interest of the Town to appropriate the aforementioned donation for restoration of said Strawberry Fields, now therefore be it RESOLVEDincreases the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: Revenues: A.2705.40 Gifts & Donations, Other $2,500 Appropriations: A.1620.4.400.200 Buildings & Grounds, C.E. Property Maintenance & Repairs $2,500 ? Vote Record - Resolution RES-2008-639 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-640 CATEGORY: Budget Modification DEPARTMENT: Highway Department Budget Modification - Highway Southold Town Meeting Agenda - July 1, 2008 Page 11 Fiscal Impact: As Superintendent of Highways, I hereby request that the following budget modification be approved in order to transfer $1,000.00 into the Highway Fund Brush & Weeds/Miscellaneous Safety Gear line from the Landscaping Materials line. The below-described transfer is necessitated due to the fact that I must purchase chain saw leg protection gear due to NYS OSHA requirements. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5140.4.100.700 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Safety Gear $ 1,000.00 From: DB.5140.4.100.900 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Landscaping Materials $ 1,000.00 ? Vote Record - Resolution RES-2008-640 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-641 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Accept the Resignation of Allie Raridon, the Island Peoples Project Representative, from the Fishers Island Harbor Committee, Effective Immediately, and Appoint Trudi Edwards to Fill the Vacancy RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby Allie Raridon, the Island Peoples Project representative, from the Fishers Island Harbor Committee , effective immediately, and be it Southold Town Meeting Agenda - July 1, 2008 Page 12 FURTHER RESOLVED hereby appoints that the Town Board of the Town of Southold Trudi Edwards to fill the vacancy created by Allie Raridon’s resignation, effective immediately through March 31, 2009. ? Vote Record - Resolution RES-2008-641 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-642 CATEGORY: Grants DEPARTMENT: Town Clerk NYSDOT Master Grant Agreement RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A Russell to execute the Master Grant Agreement proposed by the NYSDOT, on behalf of the Fishers Island Ferry District, which includes the following: ?? PIN 0913.10 Purchase Snow Removal Equipment ?? PIN 0913.11 Apron and Taxiway Stub (Construction) ?? PIN 0913.12 Purchase Snow Removal Equipment ?? PIN 0913.13 Airfield Lighting Design ?? PIN 0913.14 Airfield Lighting Construction RESOLVEDexecute SEQR forms in association with Be it further that the Town of Southold each project. Southold Town Meeting Agenda - July 1, 2008 Page 13 ? Vote Record - Resolution RES-2008-642 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-643 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Peconic Land Trust - Stewardship Agreement 2008 RESOLVEDengages the professional that the Town Board of the Town of Southold hereby services of the Peconic Land Trust, Inc. to perform Stewardship Services related to the Town's land preservation efforts and authorizes the Supervisor to sign the agreement between the Peconic LandTrust and the Town of Southold , subject to the review of the Town Attorney. Compensation shall not exceed ten thousand dollars ($10,000.) and the contract term shall run for July 1, 2008 to December 31, 2008. ? Vote Record - Resolution RES-2008-643 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-644 CATEGORY: Grants DEPARTMENT: Land Preservation The Nature Conservancy Stackler Grant $325,000 RESOLVEDauthorizes and directs Supervisor that the Town Board of the Town of Southold Scott A. Russell to execute the Grant Agreement and Notice of Grant Agreement with The Nature Conservancy for acceptance of $325,000 in grant funding towards the purchase of the part of the “Stackler” property identified as SCTM #1000-53-1-18, located in Pipe’s Southold Town Meeting Agenda - July 1, 2008 Page 14 Cove , Greenport, New York, subject to review by the Town Attorney. The purpose of this Grant is to fund 32.6% of the cost of the purchase by the Town of Southold of the 10.256 acre parcel being a part of the “Stackler” property acquired for conservation and passive recreation purposes pursuant to the Town’s Community Preservation Fund Program. ? Vote Record - Resolution RES-2008-644 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-645 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute an Amendment of Agreement with the Suffolk County Office of the Aging for Community Services for the Elderly Residential Repair Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Amendment of Agreement with the Suffolk County Office of the Aging for community services for the Elderly Residential Repair Program , IFMS No. SC EXE 08000000605 from April 1, 2006 through March 31, 2009, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-645 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-646 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Lump Sum Consultant Agreement for Planning Services Between the Town of Southold and C&S Engineers, Inc. in the Amount of $80,017.25 Southold Town Meeting Agenda - July 1, 2008 Page 15 RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Lump Sum Consultant Agreement for planning services between the Town of Southold and C&S Engineers, Inc. in the amount of $80,017.25 in connection with Project No. 3-36-0029-15-08 for the Airport Layout Plan at Elizabeth Field Airport, Fishers Island, New York, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-646 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-647 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Employee Leave of Absence RESOLVEDgrants a personal leave of that the Town Board of the Town of Southold hereby absence, without pay, to an administrative employee from August 18, 2008 through August 29, 2008. ? Vote Record - Resolution RES-2008-647 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-648 CATEGORY: Employment - Town DEPARTMENT: Accounting Hire Seasonal Laborer Ian Zuhoski RESOLVEDappoints Ian Zuhoski to that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - July 1, 2008 Page 16 the position of a Seasonal Laborer for the Department of Public Works, effective July 3, 2008, at a rate of $13.52 per hour. ? Vote Record - Resolution RES-2008-648 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-649 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH Cell Tower WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “Temporary County, New York, on the 1st day of July, 2008, a Local Law entitled, 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” 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 th 29 day of July, 2008, at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. “Temporary Moratorium on the Processing, Review of, The proposed Local Law entitled, and making 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. _ __ of 2008 Southold Town Meeting Agenda - July 1, 2008 Page 17 Temporary Moratorium on the Processing, Review of, and making A 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 ”. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. 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. On July 31, 2007, the Town of Southold adopted a 180-day moratorium on all new wireless communication facilities. The Town Board intended to use the time to formulate a comprehensive plan for wireless facilities, to review the locations, size and appearance of cell towers, and to update and create new legislation to comprehensively meet the long-range goals of the Town. During the initial moratorium period, the Town retained a new Director of the Planning Department. The Director solicited proposals from several wireless consultants to assist the Town with the aforementioned plan. The Town Board retained one of the consultants to work with the Town. In January 2008, the Town Board extended the moratorium an additional 180 days. It was anticipated that the report and recommendations of the consultant would be Southold Town Meeting Agenda - July 1, 2008 Page 18 finalized in the Spring, however the Town presently has only a draft that includes recommendations on code amendments. The Town Board and the Planning staff will require additional time to review the draft recommendations, hold a public hearing on proposed code amendments and enact a Local Law. It is anticipated that this can be accomplished with an additional one hundred and eighty (180) day extension of the moratorium. The Town Board finds it reasonable and in the public interest to extend the moratorium period for one additional one hundred and eighty (180) days beyond the expiration period. This will provide the Town adequate time to examine the consultant recommendations, and draft and adopt necessary code amendments. II. A new Article XXX of Chapter 280 of the Code of the Town of Southold is hereby enacted as follows: ARTICLE XXX Moratorium §280-165. 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 Southold Town Meeting Agenda - July 1, 2008 Page 19 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 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. §280-166. 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. Southold Town Meeting Agenda - July 1, 2008 Page 20 §280-167. 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. §280-168. 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. §280-169. 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 Southold Town Meeting Agenda - July 1, 2008 Page 21 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 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. 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-2008-649 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-650 CATEGORY: Legislation DEPARTMENT: Town Attorney Authorize to Send to STPB & SCPD - Cell Towers RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - July 1, 2008 Page 22 Town Clerk to forward the proposed Local Law entitled, "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”", to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. ? Vote Record - Resolution RES-2008-650 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-651 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Scott A. Russell to Accept the Proposal of Andrew Stype Realty, Inc. Dated June 30, 2008, Relating to the Preparation of an Appraisal of the Property Located at 1005 County Route 48, Mattituck RESOLVEDauthorizes Scott A. Russell that the Town Board of the Town of Southold hereby to accept the proposal ofAndrew Stype Realty, Inc. dated June 30, 2008, relating to the preparation of an appraisal of the property located at 1005 County Route 48, Mattituck , also known as SCTM #1000-113-12-14. ? Vote Record - Resolution RES-2008-651 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-652 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Software Purchase and Services Agreement Between the Town of Southold and Business Automation Services, Inc Southold Town Meeting Agenda - July 1, 2008 Page 23 RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Software Purchase and Services Agreement between the Town of Southold and Business Automation Services, Inc. in connection with the tax collection software upgrade, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-652 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-653 CATEGORY: Employment - Town DEPARTMENT: Recreation Lifeguard Replacement WHEREAS Lifeguard Benjamin Johnson worked for 2 days and subsequently informed the Town that he does not desire to be employed as a Lifeguard, now therefore be it RESOLVEDterminates the summer that the Town Board of the Town of Southold hereby employment of Lifeguard Benjamin Johnson effective June 29, 2008, and be it further RESOLVEDappoints Conor Corridan that the Town Board of the Town of Southold hereby th to the position of Lifeguard for the Recreation Department at a rate of 13.27 per hour (5 year rate) for the period July 2 - September 1, 2008. ? Vote Record - Resolution RES-2008-653 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - July 1, 2008 Page 24 2008-654 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney NYS DOT FAA Capital Project F.I. WHEREAS, this Resolution shall authorize the acceptance of a grant offer from the New York State Department of Transportation (NYSDOT) for work at the Elizabeth Field Airport described as, Acquire Snow Removal Equipment, PIN 0913.10 (2003); Apron Construction, PIN 0913.11 (2004); Acquire Snow Removal Equipment, PIN 0913.12 (2006); Airfield Lighting, etc., PIN 0913.13 (2006); Install Airfield Lighting for RW’s 7-25, etc., PIN 0913.14 (2007); and WHEREAS, the NYSDOT has offered a matching grant to the federal grant for each PIN above noted; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.10) federal (FAA): $150,000; State $8,334; Local $8,333; and Total $166,667; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.11) federal (FAA): $477,850; State $12,575; Local $12,575; and Total $503,000; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.12) federal (FAA): $88,350; State $2,325; Local $2,325; and Total $93,000; and WHEREAS, the Town of Southold desires to advance the Project by committing funds for the local match, the funding shares being (0913.13) federal (FAA): $80,750; State $2,125; Local $2,125; and Total $85,000; and WHEREAS, the Town of Southold desires to advance the Project by committing funds Southold Town Meeting Agenda - July 1, 2008 Page 25 for the local match, the funding shares being (0913.14) federal (FAA): $1,042,000; State $27,421; Local $27,421; and Total $1,096,842; and WHEREAS, if the Town of Southold and/or the FAA notifies the NYSDOT that the Town has requested and received an increase in Federal funding for the Project based on increased eligible costs, the State share noted above shall be increased proportionately up to a maximum increase of 15%. NOW, THEREFORE , the Town Board of the Town of Southold does hereby RESOLVED, that the Town Board of the Town of Southold hereby approves the subject Project; and it is hereby further RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute all necessary Agreements on behalf of the Town of Southold with NYSDOT in connection with the Project; and it is further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, that this Resolution shall take effect immediately. ? Vote Record - Resolution RES-2008-654 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-655 CATEGORY: Seqra DEPARTMENT: Town Attorney Southold Town Meeting Agenda - July 1, 2008 Page 26 LL/General Wayne Inn Zone Change SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law to Amend the Zoning Map of the Town of Southold by Changing the Zoning District Designation of p/o SCTM #1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Nelson, Pope & Voorhis, LLC dated June 10, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. ? Vote Record - Resolution RES-2008-655 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-656 CATEGORY: Seqra DEPARTMENT: Town Attorney LL/Regulations Governing Farm Stands SEQRA RESOLVED“A that the Town Board of the Town of Southold hereby finds that the proposed Local Law in relation to Regulations Governing Farm Stands” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated June 30, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Southold Town Meeting Agenda - July 1, 2008 Page 27 ? Vote Record - Resolution RES-2008-656 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-657 CATEGORY: Employment - Town DEPARTMENT: Town Clerk Increase the 2008 Crossing Guards’ Rate RESOLVEDincreases the rate of pay that the Town Board of the Town of Southold hereby for School Crossing Guards effective September 1, 2008 as follows: st Crossing Guard 1 Rate from $34.29 to $70.00 per day nd Crossing Guard 2 Rate from $45.09 to $90.00 per day ? Vote Record - Resolution RES-2008-657 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-658 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney Ph 7/29/08 @ 4:40 Pm a Local Law in Relation to Amendments to Inclusionary Zoning Requirements in the Code of the Town of Southold WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in Relation County, New York on the 1st day of July, 2008, a Local Law entitled to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold”, now, therefore, be it Southold Town Meeting Agenda - July 1, 2008 Page 28 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 29th day of July, 2008 at 4:40 p.m., at which time all interested persons will be given an opportunity to be heard. “A Local Law in Relation to amendments to Inclusionary Zoning This proposed requirements in the Code of the Town of Southold”, reads as follows: Local Law No. _________ Section 1. Purpose- The Town Board of the Town of Southold enacted legislation in 2004 requiring developers of a standard subdivision to include provisions for affordable housing in the subdivision. Since that time, no affordable homes have been built pursuant to the requirement, as developers have pursued other options. This Town Board has taken a hard look at the original legislation, and considered feedback from the Planning Department in preparing these amendments. The purpose of this legislation is to advance the goal of increasing housing opportunities for families and individuals in the Town of Southold, while at the same time providing greater flexibility for the subdivision applicant so that these goals can be realized. The law will reduce the required set-aside to 20% to be more consistent with the national standard. The law will allow for a buy-out of the requirement, with the funds being deposited into the Housing Fund to create housing opportunities elsewhere in Town. One possible option would be the provision of loans from the buy-out funds to assist residents to buy into existing housing stock. The law provides for phasing of construction to ensure that homes required to be built pursuant to the requirement are actually constructed, and are of the same appearance and quality of other homes in the subdivision. This Local Law changes the “priority” groups used to determine eligibility for the Town housing programs. It increases the residency requirement to three years, and provides additional priority groups for age-restricted (age 55 and over) affordable housing administered through the Town. The original legislation was prompted by the rapid escalation of real estate prices (129% increase in five years). Although the escalation of home sales has abated, the Town Board finds that affordable housing is still a crisis for local residents. Suffolk Research Services, Inc. reported that the median sales price for single-family homes in the Town of Southold was $510,000 for 2007 and decreased to $485,000 for the first quarter of 2008. The decrease is likely partially attributable to the sale of 22 below-market homes in The Cottages. There are currently more than 300 households on the Town’s housing registry. Incomes of local residents in need of affordable housing have not kept pace with housing prices, despite their decline. The Town Board finds that these changes are necessary to further the goals of providing a range of affordable housing within the Town. Southold Town Meeting Agenda - July 1, 2008 Page 29 Section 2.Code Amendment. Chapter 240 of the Code of the Town of Southold is hereby amended as follows: § 240-10 B. (2) Standard Subdivision. (c) Affordable housing requirement. Every new standard residential subdivision involving the creation of five or more lots shall comply with the requirements herein to provide affordable housing. Twenty [1] Twenty-five percent of the lot yield as determined pursuant to § 240- 10B(2)(a) and (b) shall be set aside as moderate-income family dwelling units (MIFDU), as defined, created and administered under the provisions of the Affordable Housing District, §§ 280-24 through 280-33 of this Code. Each MIFDU shall be created subject to covenants and restrictions as set forth at § 280-30 or through another mechanism approved by the Town Board that will keep units perpetually affordable. The number of MIFDU units required in a subdivision shall be rounded up to the next whole number. [2] Upon application to the Planning Board, the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon applicant’s choosing any one or combination of the following options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variety of affordable housing opportunities within the Town. In satisfaction of the requirement to create 25% MIFDU units, the standard subdivision applicant shall be required to construct no less than 10% of the total yield as MIFDU units in the subdivision. All subdivisions shall have at least one constructed MIFDU unit within the subdivision. The remaining required units shall be provided by the applicant in any of the following ways: [a] The applicant may construct dwelling units in the subdivision equal in number to the remaining percentage, thereby providing a total of 25% of the yield of the subdivision as MIFDU units. If this option is chosen, the applicant will receive an increased density of one additional lot per MIFDU lot created in excess of 10% under this option. The additional lots shall be built in the subdivision and shall be MIFDU units. For each additional lot created as part of the increased density pursuant to this option, the developer shall pay a sum representing the cost of development rights equal to the number of additional units created. This sum shall be set annually by Town Board resolution and shall be based on the average cost of development rights purchased by the Town in the previous year. The resolution in effect at the time of the preliminary plat hearing shall determine the sum to be paid under this section. This amount shall be paid to the Community Preservation Fund to be used according to the terms of the Fund. Alternatively, in lieu of payment, the developer may extinguish an equivalent number of development rights on another parcel in Town, in a form approved by the Town Attorney. [ab] The applicant shall pay a sum to the Town of Southold Housing Fund. The sum shall be based on the number of required MIFDU lots not constructed in the subdivision. The per unit sum shall be set annually by resolution of the Town , Board and shall consider factors such as the average cost of building lots and and median income costs of construction in the Town of Southold. Southold Town Meeting Agenda - July 1, 2008 Page 30 [b] The applicant may build all of the units in another location within the Town of Southold. [c] The applicant may provide property with development rights equal to the number of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing affordable housing on the site. The property must be acceptable to the recipient as a viable site for affordable housing development, and proof of same must be provided to the Planning Board during preliminary plat review. this is chosen and a waiver of the requirement to build [d] If the option MIFDUs in the subdivision is approved, provided in Subsection B(2)(c)[2][b] or [c] is chosen, the applicant may build any remaining allowed lots in the subdivision, and they shall not be required to be MIFDU units. [3] Fee Waiver. An applicant shall receive a waiver of all application fees, building permit fees, plan review fees, inspection fees, park and playground fees and such other development fees and costs attributable to the MIFDUs built in the subdivision. A waiver may not be granted for Sanitary Flow Credits purchased pursuant to the provisions of Chapter 117. [4] Phasing of Construction. The applicant shall provide to the Planning Board a phasing plan that provides for the timely and integrated development of the affordable housing units as the subdivision is built out. The phasing plan shall provide for the development of the MIFDUs concurrently with the market rate units. Building permits shall be issued for dwelling units within the subdivision based on the phasing plan. The phasing plan may be adjusted by the Planning Board when necessary in order to account for different financing and funding environments, economies of scale, and infrastructure needs applicable to the development of the market rate and the MIFDUs. The phasing plan shall also provide that the MIFDUs shall not be the last units to be developed in the applicable subdivision. [5] Exterior Appearance. The exterior appearance of the MIFDUs shall be visually compatible with the market rate units in the development. External building materials and finishes shall be substantially the same in type and quality for MIFDUs and market rate units. [6] Appeal. A developer of any project subject to the requirements of this chapter may appeal to the Town Board for a reduction, adjustment or waiver of the requirements based upon the absence of any reasonable relationship or nexus between the impact of the development and either the amount of fee charged or the inclusionary requirement. Southold Town Meeting Agenda - July 1, 2008 Page 31 Section 3Code Amendment. . Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-25. Definitions. For the purpose of this article, the following terms, phrases and words shall have the following meanings: ASSET- Includes real property holdings and equity, personal property (car, boat, etc.) valued in excess of $10,000, savings, cash, IRA’s, 401k, and any federally recognized tax deferred vehicles. HEAD OF HOUSEHOLD - The adult member of the family who is the head of the household for purposes of determining income eligibility and rent. HOUSEHOLD - The family and live-in-aide, if applicable. PRIMARY RESIDENCE- The address listed on a person’s Federal Income Tax return. § 280-30. General regulations and requirements. (non- age restricted) C. Eligibility. In each AHD, the sale or lease of dwelling units and unimproved lots shall be reserved for moderate-income families who do not have any ownership interest in any other residence or vacant lot. The net worth of an applicant (individual or family) shall not exceed 25% of the purchase price of a home sold pursuant to this section. The eligible applicants shall be grouped on a priority basis, and a lottery system will be administered by the Special Projects Coordinator within each group in a formula acceptable to the Town Board. The priority groups are as follows: (1) Income eligible individuals or families who have lived and worked in the Town of in the same school district as the dwelling unit or lot Southold for a period of at least three s one year prior to the submission of their application. (2) Income eligible individuals or families who have lived in the Town of Southold for a period of at least three years prior to the submission of their application. (3) Income eligible individuals/families who have been employed in the Town of Southold for a period of at least one year prior to the three years submission of their application. (4) Income eligible individuals/families who previously lived for a minimum of one three years year in the Town of Southold and wish to return. (5) To all other eligible applicants. D. Age-restricted (age 55 and over) dwelling units or unimproved lots. The sale or lease of dwelling units and unimproved lots in an age-restricted community shall be reserved for moderate-income families in the following order of priority: (1) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and Southold Town Meeting Agenda - July 1, 2008 Page 32 do not own real estate. Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (2) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and do not own real estate. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (3) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holdings within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 80% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (4) Income eligible individuals or families where the head of household is age 55 or over, who have had a primary residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor (such 90 day period may be extended by resolution of the Town Board). Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (5) Income eligible individuals or families where the head of household is age 55 or over, who have had a residence in the Town of Southold for a period of at least five (5) years prior to the submission of the application, and who will be divested of all real estate holding within 90 days of the contract execution with project sponsor. Household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. (6) Other income eligible applicants age 55 or over whose household annual income may not exceed 100% of the HUD median income for Suffolk County and net worth may not exceed twice the price of the unit to be purchased. Section 4. Severability . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged 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 5. Effective Date. This Local Law shall take effect immediately upon filing with the Southold Town Meeting Agenda - July 1, 2008 Page 33 Secretary of State. ? Vote Record - Resolution RES-2008-658 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-659 CATEGORY: Planning DEPARTMENT: Town Attorney Direct the Town Clerk to Forward the Proposed Local Law Entitled, "A Local Law in Relation to Amendments to Inclusionary Zoning Requirements in the Code of the Town of Southold", to the Southold Town Planning Board and the Suffolk County Planning Commission for Comments and Recommendations. RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to forward the proposed Local Law entitled, "A Local Law in Relation to amendments to Inclusionary Zoning requirements in the Code of the Town of Southold", to the Southold Town Planning Board and the Suffolk County Planning Commission for comments and recommendations. ? Vote Record - Resolution RES-2008-659 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-660 CATEGORY: Property Usage DEPARTMENT: Town Attorney Peconic Transfer Station WHEREAS the Town Board of the Town of Southold received an application for a Transfer Station Permit pursuant to Chapter 233 of the Town Code filed by the Peconic Recycling & Southold Town Meeting Agenda - July 1, 2008 Page 34 Transfer Corp. (hereinafter the “Applicant”) on April 23, 2007 for a transfer station on a parcel of property located at 560 Commerce Drive, Cutchogue, also known as SCTM#1000-95-2-5; and WHEREAS the Town Board referred the application to the Planning Department and Town Attorney, and extensive review of the application was conducted; and WHEREAS the Applicant, after discussions with the Town Board, voluntarily reduced the tonnage proposed to be handled at the facility to 240 tons per day of Municipal Solid Waste (MSW) and 240 tons per day of Construction &Demolition debris (C&D); and WHEREAS the applicant has agreed to continue to pickup residential bag waste in Town “yellow bags” only, which furthers the successful “Pay as You Throw” policy of the Town and encourages recycling, in compliance with the Town Solid Waste Management Plan; and WHEREAS the Planning Board, as Lead Agency, conducted an extensive SEQRA review of the proposed project and issued a Negative Declaration dated June 16, 2008. The Negative Declaration included findings that the project conforms to the requirements for a Special Permit in the LIO zone, that the traffic impacts will be moderate, and includes a specific acceptable route plan for truck traffic designed to minimize the impact on residential streets; and WHEREAS the applicant provided an acceptable emergency contingency plan, which was included in the SEQRA review performed by the Planning Board; and WHEREAS public hearings were held on the application before the Town Board on December 4, 2007 and June 17, 2008, at which time the public was given the opportunity to be heard; and WHEREAS the Town Board retained a consultant to review the Town Solid Waste Management Plan and the application for conformance; and it is hereby RESOLVED by the Town Board of the Town of Southold that the public hearing is closed; and be it further RESOLVED by the Town Board of the Town of Southold that the proposed project is consistent with the LWRP and the Town Solid Waste Management Plan; and be it further RESOLVEDAPPROVES the grant of a that the Town Board of the Town of Southold hereby Transfer Station Permit pursuant to Chapter 233 of the Town Code. The permit is valid only for daily tonnage of 240 tons per day of Municipal Solid Waste and 240 tons per day of C&D. These limits, and all other terms of this permit, may be reviewed from time to time by the Town Board and may be amended to ensure consistency with the Town Solid Waste Management Plan. The Town Clerk shall not release the permit until the applicant produces a valid transfer station operating permit issued by the New York State Department of Environmental Conservation. The permit shall not be transferable, and shall run for the same duration as the NYS DEC permit. Southold Town Meeting Agenda - July 1, 2008 Page 35 ? Vote Record - Resolution RES-2008-660 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-661 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Ratifies and Approves the Memorandum of Agreement Dated June 3, 2008 Between the Town of Southold and the CSEA, Ratified by the CSEA on June 26, 2008 RESOLVEDratifies and approves the that the Town Board of the Town of Southold hereby Memorandum of Agreement dated June 3, 2008 between the Town of Southold and the CSEA, ratified by the CSEA on June 26, 2008 , concerning the parties’ Collective Bargaining Agreement. ? Vote Record - Resolution RES-2008-661 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-662 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Approves the Memorandum of Agreement Dated June 29, 2008, Between the Town of Southold and the CSEA RESOLVEDapproves the that the Town Board of the Town of Southold hereby Memorandum of Agreement dated June 29, 2008, between the Town of Southold and the CSEA , concerning the settlement of a grievance. Southold Town Meeting Agenda - July 1, 2008 Page 36 ? Vote Record - Resolution RES-2008-662 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-663 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney PH 7/29/08 @ 4:45 Pm Parking Restrictions in NS WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, “A Local Law in relation to Parking New York, on the 1st day of July, 2008 a Local Law entitled Restrictions in the Hamlet of New Suffolk” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the th 29 aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the day of July, 2008 at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Parking Restrictions in the The proposed Local Law entitled, Hamlet of New Suffolk” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Parking Restrictions in the Hamlet of New A Local Law entitled, Suffolk” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose – Parking associated with the public’s use of the Town beach and boat ramp in the hamlet of New Suffolk has resulted conditions that impact the public health, safety and welfare venue and Marlene Lane. These conditions consist of undue congestion, restrictions on access and maneuverability, as well as potentially dangerous traffic impacts. Southold Town Meeting Agenda - July 1, 2008 Page 37 Accordingly, it is necessary to impose a range of parking limitations in the hamlet of New Suffolk to protect the welfare of the residents of the Town, and restrict the public’s ability to block the ordinary flow of traffic and the orderly use of Town facilities by Town residents. II. Chapter 260 of the Code of the Town of Southold is hereby amended as follows: § 260-4. Stop intersections with stop signs . The following highway intersections are hereby designated as stop intersections and stop signs shall be erected as follows: Stop Sign on Direction of Travel At Intersection Location With (hamlet) First Street North Jackson Street New Suffolk First Street South Jackson Street New Suffolk Jackson Street North New Suffolk Avenue New Suffolk Third Street North Jackson Street New Suffolk Third Street South Jackson Street New Suffolk § 260-6. Yield intersections. The following highway intersections are hereby designated as yield intersections and yield signs shall be erected as follows: Jackson Street North New Suffolk Avenue New Suffolk Third Street North Jackson Street New Suffolk Third Street South Jackson Street New Suffolk § 260-8. Parking Prohibited at all times . The parking of vehicles is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no parking”: Southold Town Meeting Agenda - July 1, 2008 Page 38 Name of Street Side Location Jackson Street Both At New Suffolk, from the intersection of First Street westerly to the intersection of Fourth Street §260-8A. Trailer Parking Prohibited at all times. The parking of trailers and the parking of vehicles with trailers is hereby prohibited at all times in any of the following locations and at any other location where signage indicates “no trailer parking”: Hamlet of New Suffolk Name of Street Side Location Fifth Street Both From the intersection with Main Street To the southerly terminus of Fifth Street First Street Both From the intersection with Orchard Street To the southerly terminus of First Street Fourth Street Both From the intersection with Orchard Street To the intersection with King Street Fourth Street West From the intersection with King Street To the intersection with Main Street Fourth Street Both From the intersection with Main Street To the southerly terminus of Fourth Street Jackson Street Both From the intersection with Fifth Street to The intersection with First Street King Street Both From the intersection with New Suffolk Road To the easterly terminus of King Street Main Street Both From the intersection with New Suffolk Road Easterly to the intersection with First Street New Suffolk Road Both From the intersection with Orchard Street To the intersection with Main Street Southold Town Meeting Agenda - July 1, 2008 Page 39 Orchard Street Both From the intersection with New Suffolk Road To the easterly terminus of Orchard Street Second Street Both From the intersection with Orchard Street To the southerly terminus of Second Street Third Street Both From the intersection with Orchard Street To the intersection with King Street Third Street East From the intersection with King Street To the intersection with Main Street Third Street Both From the intersection with Main Street To the southerly terminus of Third Street § 260-11. Parking for limited time only. The parking of vehicles is hereby prohibited for a longer period of time than that designated, between the hours indicated, in any of the following locations: Name of Street Side Between the Time Limit Location Hours of First Street West At all times 15 mins. At New Suffolk, from from the northerly intersection of Jackson Street, northerly for a distance of 150 feet First Street South At all times 15 mins. At New Suffolk, at the southerly terminus of First Street III. Chapter 189 of the Code of the Town of Southold is hereby amended as follows: § 189-2. Designation of parking areas requiring permits: A. The following beach parking areas are hereby designated as Town of Southold “Parking by Southold Town Permit Only” areas: (7) Parking area adjacent to the bathing beach located at the terminus of First Street, Peconic Bay, New Suffolk, known as and referred to herein as “New Suffolk Beach.,” except the seven (7) larger parking spaces adjacent to Jackson Street are designated as areas limited to parking by vehicles with trailers bearing Town of Southold Resident or Lessee parking permits. Southold Town Meeting Agenda - July 1, 2008 Page 40 IV. 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. V. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-663 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-664 CATEGORY: Legislation DEPARTMENT: Town Attorney Hereby Authorizes and Directs the Town Clerk to Forward the Proposed Local Law Entitled “A Local Law in Relation to Parking Restrictions in the Hamlet of New Suffolk” to the Suffolk County Planning Commission and the Southold Town Planning Board for Their Review and Comments. RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold Town Clerk to forward the proposed Local Law entitled “A Local Law in relation to Parking Restrictions in the Hamlet of New Suffolk” to the Suffolk County Planning Commission and the Southold Town Planning Board for their review and comments . ? Vote Record - Resolution RES-2008-664 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - July 1, 2008 Page 41 2008-665 CATEGORY: Employment - Town DEPARTMENT: Town Attorney Settlement Agreement W/Employee RESOLVED approves an Agreement that the Town Board of the Town of Southold hereby dated June 18, 2008, with a certain employee settling potential disciplinary charges . ? Vote Record - Resolution RES-2008-665 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-666 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Change the Zoning District Designation of SCTM# 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80 WHEREAS , the Town Board has made a motion to amend the Zoning Map of the Town of Southold by changing the Zoning District designation of SCTM# 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80; and WHEREAS , the Local Law is entitled, “ A LOCAL LAW TO AMEND THE ZONING MAP OF THE TOWN OF SOUTHOLD BY CHANGING THE ZONING DISTRICT DESIGNATION OF SCTM # 1000-89-3-1.1 FROM HAMLET BUSINESS (HB) AND AGRICULTURAL CONSERVATION (AC) TO R-80”; and Southold Town Meeting Agenda - July 1, 2008 Page 42 WHEREAS A PUBLIC HEARING WAS HELD ON July 1, 2008 at which time all interested persons were given the opportunity to be heard thereon, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: Local Law No. __6______of 2008 BE IT ENACTED, by the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent. This Local Law proposes to change the zoning designation on a property that formerly was operated as a restaurant and inn. This historic use has been discontinued and the property has become deteriorated. The Hamlet Business zoning was applied to allow the inn to continue to operate, but such zoning designation is properly intended for higher-intensity commercial use in the hamlet business center. The subject property is embedded in a residential community far from the hamlet center. The Planning Board reviewed the zoning on the property, and recommends this amendment. The amendment is consistent with the comprehensive planning practiced in the Town, and serves to prevent the property from being developed in a manner incompatible with our planning efforts and the surrounding land uses. Section 2 . Enactment. Based on the goals and identified needs of the Town, and upon our consideration of the recommendation of the Planning Board, the environmental consultant retained by the Town and the public comment taken at the public hearing, we hereby change the zoning district designation for the parcel known as SCTM# 1000-89-3-1.1 from Hamlet Business (HB) and Agricultural Conservation (AC) to R-80. The property is approximately 3.4 acres and is located on the site of Southold Town Meeting Agenda - July 1, 2008 Page 43 the former General Wayne Inn, Cedar Beach Road, Southold, New York. Section 3. The zoning map as adopted by section 100-21 of the Town Code of the Town of Southold is hereby amended to reflect the change of zoning district designation for said parcel. Section 4. Severability . If any section or subsection, paragraph, clause, phrase or provision of this law shall be adjudged 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 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-666 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-667 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 7 of 2008 Farmstands WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk rd “A Local Law in relation County, New York, on the 3 day of June, 2008 a Local Law entitled to Regulations Governing Farm Stands” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law which time all interested persons will be given an opportunity to be heard, now therefore be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Regulations Governing Farm Stands” Local Law entitled, reads Southold Town Meeting Agenda - July 1, 2008 Page 44 as follows: LOCAL LAW NO. 7 OF 2008 “A Local Law in relation to Regulations Governing Farm Stands” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. II. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: §72-1. Title. This law shall be known as the “Agricultural Uses Law”. §72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town’s residents and its visitors. Farm stands are an important part of the Town’s agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands, and require, among other things, that they be part of active farming operations within the Town. §72-3. Statutory authorization. This local law is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and govern the subject of variances in this local law. §72-4. Definitions. As used in this Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops, livestock or livestock products, which shall include but not be limited to: (a) field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; (b) fruits, including apples, peaches, grapes, cherries, Southold Town Meeting Agenda - July 1, 2008 Page 45 tomatoes and berries; (c) vegetables, including snap beans, cabbage, carrots, beets and onions; (d) horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; (e) livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, milk eggs and furs; (f) maple sap; (g) Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; (h) aquaculture products, including fish, fish products, water plants and shellfish; (i) woody biomass, which means short rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES - Activities devoted primarily to production, processing, marketing and sale of agricultural and acquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof but does not included milk, timber or timber products, other than christmas trees, all hay, rye and legumes. ENCLOSED RETAIL SALES AREA - That portion of a farm stand’s retail sales area which is protected from the elements on all sides by permanent exterior walls. FARM STAND - Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural product grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental accessory items. For the purposes of this Chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. Southold Town Meeting Agenda - July 1, 2008 Page 46 PROCESSED AGRICULTURAL PRODUCTS - Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered “processed” under this definition. RETAIL SALES AREA - Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE I - FARM STANDS §72-5. Farm Stand Permit Required. A. No person shall erect, place or operate a farm stand without the Building Department’s issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this Article, “bona fide agricultural production” shall be limited to the operation, within the Town of Southold, of either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of fifty thousand dollars or more. C. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a nonconforming Southold Town Meeting Agenda - July 1, 2008 Page 47 building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this Article, a farm stand legally existing in the Town as of January 1, 2008 shall be permitted to expand or enlarge the enclosed retail sales area of the farm stand operation by up to fifty percent, cumulatively, of the enclosed retail sales area legally existing as of January 1, 2008, subject to compliance with the parking requirements of this Article. §72-6. Farm Stand Permits Issued Without the Requirement of Site Plan Approval. A. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 2,000 square feet, and the total retail sales area of the farm stand does not exceed 3000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. B. Farm stands that do not meet all of the criteria set forth in §72-6A, but meet at least the following, shall be subject to the requirements of the Modified Agricultural Site Plan approval process as set forth at §72-10, notwithstanding the provisions of Chapter 280, Article XXIV, if such farm stands meet at least the following: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The enclosed retail sales area of the farm stand does not exceed 3000 Southold Town Meeting Agenda - July 1, 2008 Page 48 square feet, and the total retail sales area of the farm stand does not exceed 4,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces, and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. C. Retail sales operations that do not meet the definition of a farm stand pursuant to this Chapter, as well as farm stands that do not meet either the requirements of §§ 72-6A or B, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering restrictions: A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of items manufactured or processed by the farm stand operator, or other items complementary to the farm stand operation, including items grown, manufactured, processed or packaged elsewhere, and food, clothing or souvenir items accessory to the farm stand operation. §72-8. Maximum Size of Farm Stand. In all cases, farm stands shall not exceed 4,000 square feet in enclosed retail sales area, excluding storage areas, temporary display areas and areas inaccessible to the general public. §72-9. [Reserved] Southold Town Meeting Agenda - July 1, 2008 Page 49 §72-10. [Reserved] §72-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; (2) whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; (3) whether the requested variance is substantial; (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the variance. §72-12. Penalties for Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this Article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment not to exceed 15 days, or both. III.SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. APPLICABILITY AND EFFECTIVE DATE Southold Town Meeting Agenda - July 1, 2008 Page 50 This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-667 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-668 CATEGORY: Property Usage DEPARTMENT: Town Clerk Designate the John B. Coleman House Located at SCTM 1000-71-2-10, 200 Harbor Lights Drive, Southold, New York, as Historic and Add to the Town’s Register of Historic Landmarks RESOLVEDdesignates the John B. that the Town Board of the Town of Southold hereby Coleman house located at SCTM 1000-71-2-10, 200 Harbor Lights Drive, Southold, New York, as historic and add to the town’s register of Historic Landmarks; all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by property owners ? Vote Record - Resolution RES-2008-668 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded VI. PUBLIC HEARINGS 1. Set PH 7/1/08 4:35 Pm CofZ - General Wanye 2. Set PH Farmstands 7/1/08 4:40 Pm 3. Set Tuesday, July 1, 2008 at 4:45 P.M., Southold Town Hall, 53095 Main Road, Southold, New York as the Time and Place for a Public Hearing to Consider the Designation of the John B. Coleman House on the Town’s Register of Historic Landmarks, 200 Harbor Lights Drive, Southold, New York Southold Town Meeting Agenda - July 1, 2008 Page 51 PUBLIC PORTION