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Home My WebLink AboutAG-09/23/2008 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 September 23, 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 September 23, 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 ??? Town Clerk Elizabeth A Neville ??? Town Attorney Patricia A Finnegan I. REPORTS 1. Town Clerk August 2008 2. Judge Bruer August 2008 3. Board of Trustees August 2008 II. PUBLIC NOTICES 1. Liquor License Renewals with NYS Liquor Authority Lenz Winery, Main Rd. (Route 25), Peconic NY 11948 Southold Town Meeting Agenda - September 23, 2008 Page 2 Rinconcito Hispano Restaurant, Unit 7, Sterlington Commons, Greenport 2. Suffolk County Dept. of Planning Notices of Enactment by Other Towns Town of Riverhead: Special Permit Use Requirements Non-Conforming Building and Uses III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 A.M. - John Sepenoski Follow up on two county parcels 2. 9:30 A.M.- Jamie Richter - Change order for FI pump out station upgrade - V. Baras and court house 3. 9:45 A.M. - Jim McMahon Bucket Truck 4. 10:00 A.M. - Neb Brashich & Steve Normandin (RBA Group) “North Fork Trail Scenic Byway - Inventory, Assessment and Conceptual Design” 5. 10:30 A.M. - Ken Reeves Recreation issues: - Non-Residient fees for Recreation Programs - Advertising in Recreation Brochures - Possible rental of Recreation Center 6. 10:45 A.M. - Heather Lanza Design Standards 7. 11:30 A.M. - John Cushman General Overview of Town Finances 8. Emergency Preparedness per Councilman Orlando 9. Request from Custer Institute to Use Town-Owned Property 10. Housing Issue in Cutchogue Community (Praity Lane) 11. FT Temp Food Service Worker Southold Town Meeting Agenda - September 23, 2008 Page 3 MINUTES APPROVAL RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 01, 2008 ? Vote Record - Acceptance of Minutes for July 1, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 15, 2008 ? Vote Record - Acceptance of Minutes for July 15, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland ???????? ? Vincent Orlando Accepted ?????????? Accepted as Amended Albert Krupski Jr. ?? Tabled ???????? Thomas H. Wickham ???????? Louisa P. Evans ???????? Scott Russell V. RESOLUTIONS 2008-881 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit September 23, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 23, 2008. ? Vote Record - Resolution RES-2008-881 ? 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 2008-882 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting October 7, 2008 7:30 Pm Southold Town Meeting Agenda - September 23, 2008 Page 4 RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 7, 2008 at the Southold Town Hall, Southold, New York at 7:30 pm P. M.. ? Vote Record - Resolution RES-2008-882 ? 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 2008-852 Tabled 9/9/2008 7:30 PM CATEGORY: Budget Modification DEPARTMENT: Public Works DPW - Bucket Truck - Streetlights RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: From: A.1990.4.100.100 Contingencies $6,200.00 Unallocated Contingencies To: A.5182.4.400.650 Street Lighting, C.S. $6,200.00 Vehicle Maintenance & Repairs ? Vote Record - Resolution RES-2008-852 ? 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 2008-860 Tabled 9/9/2008 7:30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement for Architectural Services Between V. Baras Architects PC and the Town of Southold in Connection with Assessing the Cost Southold Town Meeting Agenda - September 23, 2008 Page 5 Feasibility of a Modular Design Development of a New Court Complex RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement for Architectural Services between v. Baras Architects PC and the Town of Southold in connection with assessing the cost feasibility of a modular design development of a new Court complex , at a cost on a flat fee basis of $7,800.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-860 ? 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 2008-883 CATEGORY: Employment - Town DEPARTMENT: Police Dept Appoint Kimberly A. Garcia as a Matron for the Southold Town Police Department RESOLVEDappoints Kimberly A. that the Town Board of the Town of Southold hereby Garcia to the position of Matron for the Southold Town Police Department, effective September 24, 2008, at a rate of $14.67 per hour. ? Vote Record - Resolution RES-2008-883 ? 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 2008-884 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Highway Southold Town Meeting Agenda - September 23, 2008 Page 6 Fiscal Impact: The reason(s) for the above transfers are that the above line items were under-funded; the transfer to DB.5130.2.500.300 was for an asphalt roller rental. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5110.4.100.200 General Repairs Contractual Expense Supplies & Materials Fuel/Lubricants $30,000.00 DB.5130.2.500.300 Machinery Equipment & Capital Outlay Other Equipment Contractor Equipment $12,480.00 DB.5130.2.500.400 Machinery Equipment & Capital Outlay Other Equipment Radio Equipment $ 28.75 DB.5140.4.100.100 Brush & Weeds/Miscellaneous Contractual Expenses Supplies & Materials Office Supplies $ 1,101.05 DB.5140.4.600.300 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Travel $ 2,284.00 DB.5140.4.600.600 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions $ 234.86 From : DB.5130.4.100.500 Machinery Contractual Expense Supplies & Materials Parts & Supplies $30,000.00 Southold Town Meeting Agenda - September 23, 2008 Page 7 DB.5110.4.100.900 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $12,480.00 DB.5130.4.100.550 Machinery Contractual Expense Supplies & Materials Tires $ 28.75 DB.5140.4.100.125 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies $ 3,619.91 ? Vote Record - Resolution RES-2008-884 ? 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 2008-885 CATEGORY: Grants DEPARTMENT: Community Development 4:35 PM, Tuesday, October 21, 2008, Southold Town Hall, for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs to be Met with Approximately $130,000 in Community Development Block Grant Funds in 2009 RESOLVED hereby sets 4:35 PM, Tuesday, that the Town Board of the Town of Southold October 21, 2008, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $130,000 in Community Development Block Grant funds the town of Southold expects to receive in April 2009 and authorizes Town Clerk Elizabeth Neville to publish an “Announcement of Public Hearing Notice”. Southold Town Meeting Agenda - September 23, 2008 Page 8 ? Vote Record - Resolution RES-2008-885 ? 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 2008-886 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Recreation Program Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the following individuals for the fall 2008 recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2008 Instructor line A7020.4.500.420. Liza Coppola (open mic night for youth)....................................... $30/hour Barbara Sheryll (open mic night for youth)................................... $30/hour Jocelyn Suglia (Youth Basketball Program)…………………… $30/hour ? Vote Record - Resolution RES-2008-886 ? 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 2008-887 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk No Bids Received - Typewriter WHEREAS the Town Clerk of the Town of Southold has advertised for bids for sale of a used Typewriter from the Accounting office, and Southold Town Meeting Agenda - September 23, 2008 Page 9 WHEREAS no bids were received for the above surplus item, now therefor be it RESOLVEDauthorizes and directs that that the Town Board of the Town of Southold now the above surplus equipment be removed from the Town list of assets and destroyed. ? Vote Record - Resolution RES-2008-887 ? 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 2008-888 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorneys, Lori M. Hulse and Kieran M. Corcoran, to Attend the 20Th Annual Supreme Court Review Seminar at Touro Law Center in Central Islip, New York RESOLVED grants permission to that the Town Board of the Town of Southold hereby th Assistant Town Attorneys, Lori M. Hulse and Kieran M. Corcoran, to attend the 20 Annual Supreme Court Review Seminar at Touro Law Center in Central Islip, New York, on October 17, 2008, as part of their annual licensing requirements. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-888 ? 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 2008-889 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grants Permission to the Mattituck-Cutchogue UFSD to Use Town Roads for Its Homecoming Day Parade in Mattituck on Saturday, September 27, 2009 Southold Town Meeting Agenda - September 23, 2008 Page 10 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck-Cutchogue UFSD to use the following roads for its Homecoming Day Parade in Mattituck on Saturday, September 27, 2009 beginning at 9:00 AM: Mary’s Road, Picke Street, Westphalia Avenue, Sound Avenue and Love Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley immediately upon notification of 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-2008-889 ? 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 2008-890 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to The Knights of Columbus, Marian Council, No. 3852 to Use Roads for Its Right to Life March in Cutchogue, on Saturday, October 25, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Knights of Columbus, Marian Council, No. 3852 to use the following roads for its Right to Life March in Cutchogue, on Saturday, October 25, 2008 beginning at 11:00 AM: east on Main Road from Sacred Heart Church parking to Depot Lane, north on Depot to Sacred Heart Cemetery provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt 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. Southold Town Meeting Agenda - September 23, 2008 Page 11 ? Vote Record - Resolution RES-2008-890 ? 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 2008-891 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Service Agreement Between the Town of Southold and Kinsley Power Systems, at a Cost Not to Exceed $2,795.00 Per Year, to be Automatically Renewed Annually Until Terminated with 30 Days Written Notice RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and Kinsley Power Systems, at a cost not to exceed $2,795.00 per year, to be automatically renewed annually until terminated with 30 days written notice , in connection with the generator at the Fishers Island Pump Station, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-891 ? 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 2008-892 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Nassau/Suffolk Town Clerk Association Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby Deputy Town Clerk Bonnie Doroski to attend the Nassau/Suffolk Town Clerk Association meeting on Thursday, September 25, 2008 at Stony Brook, N.Y . Suffolk County Director Southold Town Meeting Agenda - September 23, 2008 Page 12 of Personnel and Civil Service Alan Schneider will provide the educational program. Expenses for registration and travel to be a legal charge to the 2008 Town Clerk budget (meetings and seminars). ? Vote Record - Resolution RES-2008-892 ? 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 2008-893 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Bagging Unit Bid Acceptance RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Creative Packaging, Inc. to supply the Solid Waste Management District with a semi- automated bagging system at a cost of $68,592, all in accordance with the Town Attorney. ? Vote Record - Resolution RES-2008-893 ? 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 2008-894 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Authorizes and Directs the Long Island Power Authority (LIPA) to Energize the Street Lights (4) in the North Fork Industrial Park RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Long Island Power Authority (LIPA) to energize the street lights (4) in the North Fork Industrial Park , located on the north side of County Route 48, Cutchogue, New York. Southold Town Meeting Agenda - September 23, 2008 Page 13 ? Vote Record - Resolution RES-2008-894 ? 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 2008-895 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Retain L.K. McLean Associates, P.C. to Perform Environmental Due Diligence Services in Connection with the Proposed Purchase of the Premises Known as SCTM #1000-113-12-14 (Adjacent to Strawberry Fields in Mattituck) RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to retain L.K. McLean Associates, P.C. to perform environmental due diligence services in connection with the proposed purchase of the premises known as SCTM #1000-113-12-14 (adjacent to Strawberry Fields in Mattituck) , pursuant to their Proposal dated August 29, 2008, at a cost not to exceed $2,720.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-895 ? 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 2008-896 CATEGORY: Equipment DEPARTMENT: Town Attorney Authorizes the Fishers Island Community Center to Connect to the Fishers Island Sewer District at Fox Lane, Fishers Island, New York (Suffolk County Tax Map #1000-12-1-5.1), in Accordance with the Rules and Regulations Set Forth in Chapter 215 of the Southold Town Code Southold Town Meeting Agenda - September 23, 2008 Page 14 WHEREAS , pursuant to Section 215 of the Southold Town Code, the Town Board, acting for and on behalf of the Fishers Island Sewer District, is authorized and empowered to regulate the disposal of wastewater and proper operations and maintenance of the public sewers, the sewage treatment facility, and other sewage works within the Fishers Island Sewer District (FISD); and WHEREAS , Fishers Island Community Center, as Lessee, and the Fishers Island Development Corp., as owner, wish to obtain a permit to connect to the public sewer located at Fox Lane, Building 98, Fishers Island, for the purpose of rehabilitation of the building presently owned by Fishers Island Development Corp., said lot located on the north side of Fox Lane, Fishers Island, New York (Suffolk County Tax Map #1000-12-1-5.1); now, therefore, be it RESOLVEDauthorizes the Fishers that the Town Board of the Town of Southold hereby Island Community Center to connect to the Fishers Island Sewer District at Fox Lane, Fishers Island, New York (Suffolk County Tax Map #1000-12-1-5.1), in accordance with the rules and regulations set forth in Chapter 215 of the Southold Town Code , all work having been completed in accordance with the plans prepared by Richard Strouse, P.E., L.S., of CME Associates, and approved by Michael A. Horne, P.E., on behalf of the Fishers Island Sewer District. ? Vote Record - Resolution RES-2008-896 ? 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 2008-897 CATEGORY: Attend Seminar DEPARTMENT: Accounting Grant Permission to Barbara Rudder of the Accounting Department to Attend the Nassau/Suffolk Town Clerk Association Meeting on Thursday, September 25, 2008 at Stony Brook, N.Y. Suffolk County Director of Personnel and Civil Service Alan Schneider Will Provide the Educational Program. Southold Town Meeting Agenda - September 23, 2008 Page 15 RESOLVED grants permission to that the Town Board of the Town of Southold hereby Barbara Rudder of the Accounting Department to attend the Nassau/Suffolk Town Clerk Association meeting on Thursday, September 25, 2008 at Stony Brook, N.Y . Suffolk County Director of Personnel and Civil Service Alan Schneider will provide the educational program. Expenses for registration and travel to be a legal charge to the 2008 Accounting budget (meetings and seminars). ? Vote Record - Resolution RES-2008-897 ? 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 2008-898 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney F.I. Sewer District Engineering Services WHEREAS , pursuant to Section 215 of the Southold Town Code, the Town Board, acting for and on behalf of the Fishers Island Sewer District, is authorized and empowered to regulate the disposal of wastewater and proper operations and maintenance of the public sewers, the sewage treatment facility, and other sewage works within the Fishers Island Sewer District (FISD); and WHEREAS , costs associated with a review of a new hook-up for the Fishers Island Sewer District for professional engineering services are approximately $1,500.00; now, therefore, be it RESOLVEDestablishes a fee of that the Town Board of the Town of Southold hereby $1,500.00 for each new sewer hook-up, effective September 1, 2008 . Southold Town Meeting Agenda - September 23, 2008 Page 16 ? Vote Record - Resolution RES-2008-898 ? 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 2008-899 CATEGORY: Budget Modification DEPARTMENT: Recreation Budget Modification Request Fiscal Impact: Budget modification needed to cover printing and typesetting for the winter recreation brochure RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town, as follows: FROM: A7020.4.100.550 Sports Equipment $1,200.00 TO: A.7020.4.400.300 Printing Brochure $1,200.00 ? Vote Record - Resolution RES-2008-899 ? 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 2008-900 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Electronic Content Management System Consultant RESOLVED accepts the proposal of that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - September 23, 2008 Page 17 William Saffady, Information Management Specialist to supply the town with a needs assessment for an ECMS (Electronic Content Management System), in the amount of $16,920.00, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-900 ? 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 2008-901 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk American Security Shredding - Disposal of Obsolete Records According to NYS MU-1 Records Retention Schedule. RESOLVED accepts the proposal of that the Town Board of the Town of Southold hereby American Security Shredding, to supply the Town of Southold with shredding services for obsolete town records according to the New York State MU-1 Records Retention Schedule, in the amount of $2.15 per cubic foot box, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-901 ? 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 2008-902 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2008 Fishers Island Ferry District Budget RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - September 23, 2008 Page 18 Fishers Island Ferry District budget as follows: FROM: SM.5710.1.000.000 Ferry Operations, P.S. $54,300.00 SM.9010.8.000.000 NYS Retirement $10,200.00 SM.9060.8.000.000 Medical Insurance 10,000.00 SM.9710.7.000.000 Serial Bond Interest 4,400.00 SM.9730.7.000.000 BAN Interest 1,600.00 TO: SM1310.4.000.000 Accounting Additional necessary accounting $1,000.00 SM5610.4.000.000 Airport Contract Extra to contract 8,000.00 SM5709.2.000.200 Repairs Terminals Windows and painting, office 8,000.00 SM5710.2.000.000 Repairs Ferries Life rafts and fenders 22,000.00 SM5710.2.000.100 Repairs-Mun Additional maint/supplies 500.00 SM5710.4.000.000 Ferry Ops. Other Higher credit card fees 10,000.00 SM5710.4.000.300 Fuel oil, vessels Unknown fuel costs 20,000.00 SM5710.4.000.500 Computer Ops Program updates 4,000.00 SM5710.4.000.700 UPS freight Unfunded line 7,000.00 ? Vote Record - Resolution RES-2008-902 ? 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 2008-903 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Appt. Gary Ostroski Temporary FT Food Service Wkr. RESOLVEDthat the Town Board of the Town of Southold hereby extends the hours of part- time Food Service Worker Gary Ostroski to full-time for a 30 day period commencing September 24, 2008 and be it further RESOLVED that the town Board of the Town of Southold hereby extends the hourly rate pay change to $13.7255 for Food Service Worker Gary Ostroski for and additional 30 day period commencing September 24, 2008. Southold Town Meeting Agenda - September 23, 2008 Page 19 ? Vote Record - Resolution RES-2008-903 ? 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 2008-904 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Updating Community Preservation Project Plan RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to Updating the Community Preservation Project law entitled Plan” 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 recommendations of Mark Terry dated September 22, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. ? Vote Record - Resolution RES-2008-904 ? 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 2008-905 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Southold Town Meeting Agenda - September 23, 2008 Page 20 Fishers Island Wastewater Pump Station Change Order RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign Change Order #1 in connection with the Fishers Island Upgrade of the Wastewater Pump Station in the amount of $2,480, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-905 ? 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 2008-906 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Chief Carlisle E. Cochran, Jr. to Attend New York State Association of Chiefs of Police, Inc., Board of Governors Meeting in Schnectady, New York RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Carlisle E. Cochran, Jr. to attend the New York State Association of Chiefs of Police, Inc., Board of Governors meeting in his newly elected capacity as a Board of Governor for Zone 1 on Friday, October 3, 2008 and Friday, December 5, 2008 in Schenectady, New York. All expenses for attendance will be paid for by the NYS Chiefs Association except gas and tolls, which will be a legal charge to the 2008 Police Training Budget Line - A.3120.4.600.200. ? Vote Record - Resolution RES-2008-906 ? 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 2008-907 CATEGORY: Attend Seminar Southold Town Meeting Agenda - September 23, 2008 Page 21 DEPARTMENT: Town Clerk Grant Permission to Town Attorney Patricia A. Finnegan to Attend the Nassau/Suffolk Town Clerk Association Meeting on Thursday, September 25, 2008 at Stony Brook, N.Y . Suffolk County Director of Personnel and Civil Service Alan Schneider Will Provide the Educational Program RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Attorney Patricia A. Finnegan to attend the Nassau/Suffolk Town Clerk Association meeting on Thursday, September 25, 2008 at Stony Brook, N.Y . Suffolk County Director of Personnel and Civil Service Alan Schneider will provide the educational program. Expenses for registration and travel to be a legal charge to the 2008 Town Attorney budget (meetings and seminars). ? Vote Record - Resolution RES-2008-907 ? 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 2008-908 CATEGORY: Public Service DEPARTMENT: Town Attorney Authorizes Councilman Vincent Orlando to Organize and Oversee a Drill to be Conducted in Connection with the Town’s Emergency Preparedness Plan RESOLVED authorizes Councilman that the Town Board of the Town of Southold hereby Vincent Orlando to organize and oversee a drill to be conducted in connection with the Town’s emergency preparedness plan . ? Vote Record - Resolution RES-2008-908 ? 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 2008-909 CATEGORY: Property Usage Southold Town Meeting Agenda - September 23, 2008 Page 22 DEPARTMENT: Town Attorney Approves, Upon the Recommendation of the Land Preservation Committee, the Use by the Custer Institute of Town-Owned Custer Preserve Property on August 7, 2009, in Connection with the 400Th Anniversary of the Custer Institute RESOLVEDapproves, upon the that the Town Board of the Town of Southold hereby recommendation of the Land Preservation Committee, the use by the Custer Institute of th Town-owned Custer Preserve property on August 7, 2009, in connection with the 400 Anniversary of the Custer Institute , for location of tents and port-a-potties limited to the 140’ by 200’ area south of Custer Institute, and subject to all other Town requirements for events. ? Vote Record - Resolution RES-2008-909 ? 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 2008-910 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute Any and All Documents Necessary to Effectuate the Town’s Acquisition from the County of Suffolk of Property Known as SCTM #1000-77-2-14 (In Goose Creek Watershed RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to execute any and all documents necessary to effectuate the Town’s acquisition from the County of Suffolk of property known as SCTM #1000-77-2-14 (in Goose Creek watershed) , to be used by the Town for drainage purposes, and to reimburse the County in an amount no greater than $940.06 for its costs in relation to the acquisition of such property. Southold Town Meeting Agenda - September 23, 2008 Page 23 ? Vote Record - Resolution RES-2008-910 ? 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 2008-911 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH LL Design Standards Oct 23, 2008 4:40 Pm WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law In County, New York, on the 23rd day of September, 2008, a Local Law entitled, “ Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold” ; now therefore, be it RESOLVEDpublic hearing on the that the Town Board of the Town of Southold will hold a aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of October, 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 Design Standards and The proposed local law entitled, “ Regulations for Residential Site Plans in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2008 A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide Southold Town Meeting Agenda - September 23, 2008 Page 24 the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the Southold Town Meeting Agenda - September 23, 2008 Page 25 current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee have reviewed the high density residential zoning, including Hamlet Density(HD) and Hamlet Business(HB), and have proposed amendments designed to assure that residential development in these zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote affordability, meet the needs of the existing population, and protect groundwater, open space and community character. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold § 280-137. Standards for residential site plans. The purpose of these residential site plan standards are to provide for a diversity of housing stock, promote affordability, meet the needs of the existing population and protect groundwater, open space and community character. A. The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance with the following: (1) The requirement that the applicant attend a presubmission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. (2) The applicable provisions of this chapter. (3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m. (4) Construction standards and specifications of the Town highway specifications, Chapter 161 of the Code of the Town of Southold. (5) The requirements of the existing resources and site analysis plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan Southold Town Meeting Agenda - September 23, 2008 Page 26 criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code of the Town of Southold, Subdivision of Land. (6) The provisions of Article XI, Cluster Development, of Chapter 240 of the Code of the Town of Southold, Subdivision of Land, as may shall be applied by the Planning Board in its discretion to residential site plans., where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, of Chapter 240, Subdivision of Land, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law § 278 regarding clustered development, Town Law § 274-a regarding site plan review, or Town Law § 267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of Appeals, this provision supersedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. (7) Design requirements: (a) Open space 1. Open space set-aside required shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Attachment 6 Plans at the end of this chapter, in . 2. Open space, for the purpose of this chapter, shall mean contiguous areas of land meant for common use by the owners of units within a residential site plan and/or use by the general public. 3. Open space shall be vegetated with native, natural vegetation over most or all of it, with no more than 15% allowed to contain fertilizer and/or irrigation-dependent vegetation, except in the case of community gardens, which may occupy up to 20% of the open space. 4. Open Space shall remain open and free of any structures, except those associated with walking paths, and in the case of a Southold Town Meeting Agenda - September 23, 2008 Page 27 community garden one shed no greater than 300 s.f.gross floor area for the purpose of storing garden supplies is allowed. 5. The location, use and designation of open space areas will be determined by the Planning Board using the ERSAP, and as set forth in and regulated by §240-10C. 6. For the purpose of these requirements, community gardens are areas of land where residents of the community are assigned a plot where they may grow flowers, fruits, vegetables, grains or other crops. 7. Drainage. Open space areas may be used for drainage only if designed so they are useable (for walking, picnics, etc.) a majority of the time except for a short period after an exceptionally heavy rainfall (e.g. shallow natural vegetated swales), or are set aside as non-disturbance areas for wildlife habitat (must be entirely vegetated with native species, and contain no structures). (b) (reserved) (c) Minimum setback 1. The setback from the property line to all structures shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter. (d) Minimum buffer 1. The buffer area shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter (e) Accessory apartments 1. Accessory apartments are permitted in residential site plans by special exception from the Zoning Board of Appeals only as set forth in and regulated by §280-13B(13). 2. Accessory apartments are not permitted in two-family or multiple dwellings. (8) (7) Design considerations: Southold Town Meeting Agenda - September 23, 2008 Page 28 (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, rights-of-way, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor, employee and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. (g) Garages must be set back from the front façade of the building. Two- car garages should either have a separate door for each bay, or have the appearance of an individual door for each bay. B. SEQRA review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No. 12-2005] C. Within 10 days after completion of the SEQRA review, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project shall proceed to the Planning Board for consideration without Committee review. [Added 8-2-2005 by L.L. No. 12-2005] D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 280-131H, the Planning Board shall hold a separate preliminary hearing Southold Town Meeting Agenda - September 23, 2008 Page 29 on the application with notice provided pursuant to Chapter 55, Notice of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005] E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § 240- 10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to lots within a subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. F. Park and recreation requirement. The provisions of § 240-53 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005] G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-2005] H. Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. [Amended 8-2-2005 by L.L. No. 12-2005] I. Planning Board authority to vary requirements for setbacks, building length and separation and courts. [Amended 8-2-2005 by L.L. No. 12-2005] (1) The Planning Board shall have the authority to reduce or amend yard setback requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§ 280-107 and 280-108. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety Southold Town Meeting Agenda - September 23, 2008 Page 30 and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) 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 amendment; (b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Section 3 . Chapter 280 is further amended as follows: 280-4 Definitions BUFFER-- A naturally vegetated area along the boundaries of a subdivision, lot or parcel, designed to provide screening A new Attachment 6 is added to Chapter 280. 280 Attachment 6 Town of Southold Schedule for Open Space, Buffers and Setbacks for Residential Site Plans 2 Size of Open space set-Minimum Buffer (in feet) property aside (as a setback (in 1 (acres) percent of total feet) land area of project) <15 20 30 20 15-39 30 35 25 = 40 50 75 50 Southold Town Meeting Agenda - September 23, 2008 Page 31 1 Perimeter setback from property line to all structures including driveways, patios & decks (includes the buffer area). Setback must be vegetated. Where open space is between the property line and the buildings, the buildings must be setback from the open space a minimum of 10’ as measured from the edge of structure to the nearest edge of open space. The setback is not included in the open space calculation. 2 The buffer is included in the minimum setback. The buffer begins at the property line and extends in towards the structures. The buffer is not included in open space calculations, except where open space occurs between the perimeter property line and structures. Section 4 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 5 . 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 6. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-911 ? 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 2008-912 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH LL Limit Size of Dwellings 10/21/08 4:45 Pm WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk Southold Town Meeting Agenda - September 23, 2008 Page 32 A Local Law In County, New York, on the 23rd day of September, 2008, a Local Law entitled, “ Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts 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 21st day of October, 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 Zoning Amendments to limit The proposed local law entitled, “ the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2008 A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. Southold Town Meeting Agenda - September 23, 2008 Page 33 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee have reviewed the high density residential zoning, including Hamlet Density(HD) and Hamlet Business(HB), and have proposed amendments designed to assure that residential development in these zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to Southold Town Meeting Agenda - September 23, 2008 Page 34 assure a diversity of housing stock, promote affordability, meet the needs of the existing population, and protect groundwater, open space and community character. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(7) Maximum amount of building area and size of buildings in the HB and (b) HD Zoning Districts 1. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,600 s.f. (Yield shall be determined pursuant to §240-10B). The resulting maximum amount of building area may then be divided into structures. At least 50% of the total number of units must not be larger than 1,600 s.f.gross floor area (refer to Bulk Schedule for Residential Districts). The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. 2. Total building area for the purpose of this section is the gross floor area of all buildings, including dwellings, detached garages, and accessory buildings, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Total building area does not include clubhouse or similar amenities structures. 3. Gross floor area per unit for the purpose of this section is the total area of all floors measured from the exterior of the building with no deduction for hallways, stairs, closets, thickness of walls, columns or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Section 6 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in Southold Town Meeting Agenda - September 23, 2008 Page 35 the Town of Southold. Section 7 . SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-912 ? 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 2008-913 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH LL Open Space Subdivision 10/21/08 4:50 Pm WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law In County, New York, on the 23rd day of September, 2008, a Local Law entitled, “ Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts” ; 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 21st day of October, 2008, at 4:50 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law In Relation to Open Space in subdivisions in The proposed local law entitled, “ Southold Town Meeting Agenda - September 23, 2008 Page 36 the Hamlet Business and Hamlet Density Zoning Districts ” reads as follows: LOCAL LAW NO. _______ 2008 A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The purpose of this Local Law is to require an open space set-aside in subdivisions in the Hamlet Business and Hamlet Density Zoning districts, identical to that imposed on residential site plans in the same districts. Section 2. Chapter 240 of the Southold Town Code is amended as follows: ARTICLE XI Cluster Development § 240-42. Authority and purpose. H. Design requirements for cluster development subdivisions. In addition to the other requirements of this chapter, the following shall apply: (1) In the R-400, R-200, R- 120, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set aside a minimum of 60% of the buildable lands as open space lands. (2) In the HD and HB Zoning Districts, a cluster subdivision development must set aside a minimum percentage of buildable lands as shown in the “Open Space set-aside” column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Southold Town Meeting Agenda - September 23, 2008 Page 37 Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-913 ? 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 2008-914 CATEGORY: Recommendations DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Send Three Proposed Local Laws to the Suffolk County Planning Department and the Southold Town Planning Board for Their Recommendations and Review RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to send the following proposed Local Laws to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review: A Local Law In Relation to Design Standards and Regulations for Residential Site Plans A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts ? Vote Record - Resolution RES-2008-914 ? 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 2008-915 CATEGORY: Seqra DEPARTMENT: Land Preservation Southold Town Meeting Agenda - September 23, 2008 Page 38 Ficner - SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Carolyn Blaskiewicz, Barbara Bokina, Susan Cheshire, Jeanette Sayre and Stacia Ficner (known as the “Ficner” Property) pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-95-4-6. The address is 7990 Oregon Road in the A-C zoning district and located approximately 1029 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6± acres (subject to survey) of the 8.3± acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $79,000 (seventy-nine thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Southold Town Meeting Agenda - September 23, 2008 Page 39 ? Vote Record - Resolution RES-2008-915 ? 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 2008-916 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 13 2008 CPPP WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 26th day of August, 2008 a Local Law entitled relation to Updating the Community Preservation Project Plan” 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 therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Updating the Community Preservation Local Law entitled, Project Plan” which reads as follows: LOCAL LAW NO. 13 of 2008 “A Local Law in relation to Updating the Community Preservation A Local Law entitled, Project Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural Southold Town Meeting Agenda - September 23, 2008 Page 40 lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in §17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town’s Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated January 2006 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be replaced with the January 17, 2006 List of Eligible Parcels. E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted Southold Town Meeting Agenda - September 23, 2008 Page 41 by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. 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-2008-916 ? 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 2008-917 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Ficner - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Carolyn rd Blaskiewicz, Barbara Bokina, Susan Cheshire, Jeanette Sayre and Stacia Ficner on the 23 day of September, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-95-4-6. The address is 7990 Oregon Road in the A-C zoning district and located approximately 1029 feet southwesterly from Southold Town Meeting Agenda - September 23, 2008 Page 42 the intersection of Depot Lane and Oregon Road in Cutchogue, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 6± acres (subject to survey) of the 8.3± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the purchase price for the easement is $79,000 (seventy-nine thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by Carolyn Blaskiewicz, Barbara Southold Town Meeting Agenda - September 23, 2008 Page 43 Bokina, Susan Cheshire, Jeanette Sayre and Stacia Ficner (known as the “Ficner” Property) pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold . Said property is identified as part of SCTM #1000-95-4-6. The address is 7990 Oregon Road in the A- C zoning district and located approximately 1029 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York. The development rights easement comprises a part of the property consisting of approximately 6± acres (subject to survey) of the 8.3± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $79,000 (seventy-nine thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-917 ? 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 Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. 1. LL Updating CPPP 9/23/08 4:35 Pm 2. Ficner - Set Public Hearing Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: Southold Town Meeting Agenda - September 23, 2008 Page 44 RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at __________ P.M. * * * * * Elizabeth A. Neville Southold Town Clerk