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Home My WebLink AboutTB-09/09/2008 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 southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES September 9, 2008 7:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 9, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 7:30 PM with the Pledge of Allegiance to the Flag. Call to Order 7:30 PM Meeting called to order on September 9, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Organization Title Status Arrived William Ruland Town of Southold Councilman Present Vincent Orlando Town of Southold Councilman Present Albert Krupski Jr. Town of Southold Councilman Present Thomas H. Wickham Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott Russell Town of Southold Supervisor Present Elizabeth A. Neville Town of Southold Town Clerk Present Patricia A. Finnegan Town of Southold Town Attorney Present I. Reports 1. Claim Lag Report August 2008 2. Recreation Department Monthly Report July 2008 3. Recreation Department Monthly Report August 2008 4. Tracking Report 2nd Quarter 2008 September 9, 2008 Page 2 Minutes Southold Town Board Meeting 5. Department of Public Works Monthly Report August 2008 6. Budget Month ended July 31, 2008 7. Program for the Disabled August 2008 II. Public Notices 1. Renewal of Liquor Licenses - Pugliese Vineyards III. Communications IV. Discussion 1. 9:00 AM - Jim McMahon Bucket Truck 2. 9:15 AM - Peter Harris, Jim McMahon Banners 3. 10:00 AM - Ed Forrester, Lori Hulse, Ruth Oliva, Jeri Woodhouse Code Enforcement - Gerenal Discussion of Policies & Procedures - Vacancy Noise Ordinance 4. 9:30 AM - Jim McMahon, Jamie Richter, Mark Terry Goldsmith Jetty - EIS? 5. 11:00 AM - Mike Verity Denial of Building Permit Refund 6. Employment Assistance Program 7. CAC Appointment September 9, 2008 Page 3 Minutes Southold Town Board Meeting 8. Follow Up - Code Committee Meeting 9. Follow Up - Deer Management Meeting 10. 1:30 P.M. - EXECUTIVE SESSION - Melissa Spiro Potential Property Acquisition & Value of Potential Purchase 11. Bay Constables per Councilman Krupski 12. Storm Water Stickers per Councilman Krupski 13. 11:30 A.M. - Chief Cochran Hiring Police Officers 14. 10:45 A.M. - Phillip Beltz Grant Submission Policy 15. 12:00 Noon - Heather Lanza Design Requirements for Residential Site Plans 16. 12:30 P.M. - LUNCH 17. Accept Resignation of Dennis Noncarrow Ethics Board Call to Order 7:30 PM Meeting called to order on September 9, 2008 at Meeting Hall, 53095 Route 25, Southold, NY. Pledge to the Flag Opening Statements Supervisor Russell SUPERVISOR RUSSELL: I just want to clarify for everybody before I call the meeting to order, we have a lot of public hearings tonight. In a minute we are going to do the pledge for the opening of the meeting. When I invite you up now, I am going to ask you to just comment on agenda items only. You will have an opportunity in the near future to comment on the issues for public hearing when we go into a motion to hold the public hearing, so that there is no confusion there. With that being said, would everybody please rise and join with me in the Pledge of Allegiance to the Flag. Thank you. Now, would anybody like to come up and address the Town September 9, 2008 Page 4 Minutes Southold Town Board Meeting Board on any issue as it appears on the agenda? Nancy Swastynowicz NANCY SAWASTYNOWICZ: This is the resolutions, right? SUPERVISOR RUSSELL: Yes. MS. SAWASTYNOWICZ: Okay. On resolution number, page 8, number 847, I am just curious, it is about the sewer district on Fishers Island. What type of a sewer district is that? Is it chromoglass or…? JUSTICE EVANS: We have got a pump station that pumps it into a leeching field. MS. SAWASTYNOWICZ: And is it near the bay? JUSTICE EVANS: Everything on Fishers Island is near the water. MS. SAWASTYNOWICZ: I am just curious because Sag Harbor had a problem with a little overflow from their treatment plant and they can’t swim in the bay, in the main bay in Sag Harbor, so I think it should be monitored if you keep making the district really big and adding to it. That you should keep in mind the bays in the future. Thank you. SUPERVISOR RUSSELL: Okay, would anybody like to address the Town Board? John? John Copertino, East Marion JOHN COPERTINO: John Copertino, East Marion. Number 868, about adding the marine districts to the… SUPERVISOR RUSSELL: Yes. MR. COPERTINO: Bed and breakfasts to the marine districts. What is the background on that? Why is that? SUPERVISOR RUSSELL: That is actually part of the public hearing but since you asked let’s explain it quickly. Under the current code, you can have a B & B provided it serves as an accessory use or accessory use of your principal dwelling. In other words, anywhere you have a house in Southold, you can apply to have a permit for a B & B. It has to be accessory, it has to be your principal dwelling and that is as an accessory use. When they expanded that, for that allowance some years ago to foster B & B’s, the marine zones for some reason was excluded from the list as zoning districts. Now, in a marine district, you are allowed to have a house. You are allowed to have a hotel. Ironically, you are not allowed to have a B & B. And I just think, honestly, years ago, it was an oversight. The idea tonight is to allow people who have a home, that happen to be in a marine district, to come in and apply for a permit to have a B & B. That, I can think of specific examples in Southold were they are marine zones but they are really houses. September 9, 2008 Page 5 Minutes Southold Town Board Meeting MR. COPERTINO: Okay. I was just wondering why it was brought now after… SUPERVISOR RUSSELL: I actually had a request from a local couple to look at it because they have a house, although the land is zoned marine, there is no marine function or use there. It is actually a pretty small piece of property. MR. COPERTINO: It is a private couple, rather than a corporation. SUPERVISOR RUSSELL: Yeah, it is a private couple. MR. COPERTINO: Thank you very much. SUPERVISOR RUSSELL: Sure. Would anybody else like to address the Town Board on the agenda? (No response) Let’s move ahead. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Wednesday, June 11, 2008 ? Vote Record - Acceptance of Minutes for June 11, 2008 4:00 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, June 17, 2008 ? Vote Record - Acceptance of Minutes for June 17, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? Vincent Orlando Voter ? Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter V. Resolutions 2008-879 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit September 9, 2008 September 9, 2008 Page 6 Minutes Southold Town Board Meeting RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 9, 2008. ? Vote Record - Resolution RES-2008-879 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-880 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting September 23, 2008 4:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 23, 2008 at the Southold Town Hall, Southold, New York at 4:30 P. M.. ? Vote Record - Resolution RES-2008-880 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-839 Tabled 8/26/2008 4:30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Execute Agreement for Employee Assistance Program RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with National EAP, Inc. in connection with an Employee Assistance Program in the amount of $4.37 per month per employee for the period September 1, 2008 through August 31, 2009, said agreement subject to the approval of the Town Attorney. September 9, 2008 Page 7 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-839 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-840 Tabled 8/26/2008 4:30 PM CATEGORY: Budget Modification DEPARTMENT: Accounting Create Budget Lines for EAP RESOLVEDmodifies the 2008 budget that the Town Board of the Town of Southold hereby as follows: General Fund Whole Town From: A.1990.4.100.100 Unallocated Contingencies $4,200 To: A.9055.8.000.200 Employee Assistance Program $4,200 General Fund Part Town From: B.1990.4.100.100 Unallocated Contingencies $600 To: B.9055.8.000.200 Employee Assistance Program $600 Highway Fund Part Town From: DB.9030.8.000.000 Social Security Benefits $625 To: DB.9055.8.000.200 Employee Assistance Program $625 Solid Waste Management District From: September 9, 2008 Page 8 Minutes Southold Town Board Meeting SR.9010.8.000.000 NYS Retirement Benefits $325 To: SR.9055.8.000.200 Employee Assistance Program $325 ? Vote Record - Resolution RES-2008-840 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-841 Tabled 8/26/2008 4:30 PM CATEGORY: Refund DEPARTMENT: Town Clerk Deny the Request by Robert Criscito of Robert’s Custom Homes for a Refund of Building Permit Fees for Permit No. 33720Z RESOLVEDdenies the request by that the Town Board of the Town of Southold hereby Robert Criscito of Robert’s Custom Homes for a refund of Building Permit fees for Permit No. 33720Z granted to Tina Lepik. ? Vote Record - Resolution RES-2008-841 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-842 Tabled 8/26/2008 4:30 PM CATEGORY: Employment - Town DEPARTMENT: Public Works Russell Ackroyd Mechanic III RESOLVEDappoints Russell Ackroyd that the Town Board of the Town of Southold hereby to the position of Maintenance Mechanic III for the Department of Public Works , effective October 16, 2008, at a rate of $21.8881 per hour. September 9, 2008 Page 9 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-842 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-843 CATEGORY: Grants DEPARTMENT: Land Preservation NYS Dept of Ag & Mks Grant Submission RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Land Preservation Coordinator Melissa Spiro to submit a proposal to the New York State Department of Agriculture and Markets to solicit State assistance from the 2008-2009 (Round 12) Farmland Protection Implementation Grant (FPIG) Program. ? Vote Record - Resolution RES-2008-843 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-844 CATEGORY: Grants DEPARTMENT: Public Works Flashing Beacon - Mattituck-Cutchogue School RESOLVEDauthorizes and directs that that the Town Board of the Town of Southold hereby an application be submitted to the New York State Department of Transportation for a Department of Transportation work permit relating to the installation of a flashing beacon light on State Route 25 a the Mattituck High School located at 15125 Main Road, Mattituck, NY 11952 , and authorizes the payment for such work through a grant to be provided to the Town by the State of New York. September 9, 2008 Page 10 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-844 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-845 CATEGORY: Authorize to Bid DEPARTMENT: Public Works Laurel Lake Preserve Grant RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the demolition, removal of concrete block buildings, wooden frame buildings, old tanks, concrete and asphalt pads and miscellaneous debris, on the Laurel Lake Preserve, in accordance with the plans & specifications prepared by James Richter, RA, Office of the Town Engineer. ? Vote Record - Resolution RES-2008-845 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-846 CATEGORY: Budget Modification DEPARTMENT: Planning Board Budget Modification - Planning Board Fiscal Impact: Unused vacation time was paid out to a departing employee, causing a deficit in the Vacation Earnings line. The Sick Earnings line has a surplus of funds that are not expected to be needed in 2008. RESOLVEDmodifies the 2008 Planning that the Town Board of the Town of Southold hereby Board budget as follows: September 9, 2008 Page 11 Minutes Southold Town Board Meeting To : B.8020.1.100.300 Vacation Earnings $1,829.39 From : B.8020.1.100.400 Sick Earnings $1,829.39 ? Vote Record - Resolution RES-2008-846 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-847 CATEGORY: Public Service DEPARTMENT: Town Attorney Cleveland Request to Connect to FISD 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 , Clement Cleveland, IV wishes to obtain a permit to connect to the public sewer located at 1 Winthrop Drive, Fishers Island, New York, for the purposes of construction of a single-family residence on a vacant lot, presently owned by Mr. Cleveland, said lot located on the south side of Winthrop Drive, Fishers Island, New York (Suffolk County Tax Map #1000-9-10-1); now, therefore, be it RESOLVEDauthorizes Clement that the Town Board of the Town of Southold hereby Cleveland, IV to connect to the Fishers Island Sewer District at 1 Winthrop Drive, Fishers Island, New York (Suffolk County Tax Map #1000-9-10-1), in accordance with the rules and regulations set forth in Chapter 215 of the Southold Town Code, subject to the Town Board receiving a written approval from CME Associates Engineering, Land Surveying & Architecture, PLLC. September 9, 2008 Page 12 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-847 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-848 CATEGORY: Budget Modification DEPARTMENT: Accounting Establish Capital Fund - PD Electric Svc Project WHEREAS the Town Board of the Town of Southold adopted a 2008 Capital Budget which includes a $35,000 appropriation for upgrading the electric service at Police Headquarters in Peconic, and WHEREAS the Town’s Capital Budgeting process requires a resolution to formally establish a Capital Budget item in the Capital Fund, and WHEREAS the Department Head of the Town’s Department of Public Works desires to establish a lesser amount in the 2008 Capital Fund for upgrading the electric service at Police Headquarters in Peconic, now therefore be it RESOLVED authorizes the that the Town Board of the Town of Southold hereby establishment of the following Capital Project in the 2008 Capital Fund: Capital Project Name: Police HQ Electric Service Financing Method: Transfer from General Fund Whole Town Budget: Revenues: H.5031.55 Interfund Transfers $3,000 Appropriations: September 9, 2008 Page 13 Minutes Southold Town Board Meeting H.1620.2.300.300 Buildings & Grounds Capital Outlay Police HQ Electric Service $3,000 ? Vote Record - Resolution RES-2008-848 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-849 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Adopt the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan WHEREAS , all of Suffolk County has exposure to natural hazards that increase the risk to life, property, environment and the County’s economy; and WHEREAS , pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS , The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre- and post-disaster hazard mitigation programs; and WHEREAS , a coalition of Suffolk County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies to be implemented within each partner’s identified capabilities, within Suffolk County; and WHEREAS , the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold: September 9, 2008 Page 14 Minutes Southold Town Board Meeting 1. Adopts the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan (the “Plan”) as this jurisdiction’s Natural Hazards Mitigation Plan, and resolves to execute the actions identified in the Plan that pertain to this jurisdiction. 2. Will use the adopted and approved portions of the Plan to guide pre- and post- disaster mitigation of the hazards identified. 3. Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority. 4. Will continue its support of the Mitigation Planning Committee as described within the Plan. 5. Will help to promote and support the mitigation successes of all participants in this Plan. 6. Will incorporate mitigation planning as an integral component of government and partner operations. ? Vote Record - Resolution RES-2008-849 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-850 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Mods Fiscal Impact: Lubricants line overdrawn due to cost increases in oils, greases, etc.; Storage space rental approved by TB 8/26 - rental cost is actually 1,000 less than approved; Misc. sanitation equip. for purchase of used water truck. MSW Removal line expected to be under budget in 2008. RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: September 9, 2008 Page 15 Minutes Southold Town Board Meeting MSW Removal (SR 8160.4.400.805 $ 15,120 To: Lubricants (SR 8160.4.100.225 $ 5,000 Storage Space Rental (SR 8160.4.400.725) 5,120 Misc. Sanitation Equipment (SR 8160.2.500.600) 5,000 ? Vote Record - Resolution RES-2008-850 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-851 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk CNS Historical Council Close Cases Lane RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Cutchogue-New Suffolk Historical Council’s A day of Family Fun and History” on the Cutchogue Village Green, and to close Cases Lane from Route 25 to Fairway Drive, on Saturday, September 27, 2008 from 11:00 A.M. to 4:00 P.M., provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and notify Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-851 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-852 CATEGORY: Budget Modification September 9, 2008 Page 16 Minutes Southold Town Board Meeting 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 Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Seconder Withdrawn ?????????? Supervisor's Appt Thomas H. Wickham Voter ?? Tax Receiver's Appt ???????? Louisa P. Evans Initiator ?? Rescinded ???????? Scott Russell Voter Next: Sep 23, 2008 4:30 PM 2008-853 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Planning Board Authorize Supervisor Scott A. Russell to Extend the Consultancy Agreement Retaining the Services of William Cremers to Assist the Planning Department through December 31, 2008. RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to extend the consultancy agreement retaining the services of William Cremers to assist the Planning Department in site plan review and other Town planning functions , payment not to exceed $1,000 per month, for an additional four (4) months, ending December 31, 2008, subject to the approval of the Town Attorney. September 9, 2008 Page 17 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-853 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-854 CATEGORY: Refund DEPARTMENT: Solid Waste Management District SWMD Refund of Overpayment Fiscal Impact: The holder of this account is deceased. RESOLVEDauthorizes a refund in the that the Town Board of The Town of Southold amount of $55.60 to the account of Joseph N. Diaz for overpayment on his tip fee account with the Solid Waste Management District. ? Vote Record - Resolution RES-2008-854 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-855 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification FIFD Fiscal Impact: Due to an increase in auto and passenger traffic, credit card fees are larger than expected, which in turn has over-extended the Ferry Operations expenditure line RESOLVEDmodifies the 2008 Fishers that the Town Board of the Town of Southold hereby Island Ferry District budget as follows: TO: September 9, 2008 Page 18 Minutes Southold Town Board Meeting SM.5710.4.000.000 Ferry Operations, Other $15,000.00 FROM: SM.5710.1.000.000 Personnel Services $15,000.00 ? Vote Record - Resolution RES-2008-855 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-856 CATEGORY: Petty Cash DEPARTMENT: Town Clerk Create Petty Cash Fund for Youth Bureau RESOLVEDa petty cash fund is hereby that pursuant to Section 64(1-a) of the Town Law, established in the amount of $200 for Special Projects Coordinator B. Phillip Beltz. ? Vote Record - Resolution RES-2008-856 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-857 CATEGORY: Budget Modification DEPARTMENT: Data Processing Server Maintenance Budget Modification Fiscal Impact: Our Town Hall IBM I520 server maintenance/warranty is up for renewal in October. IBM offers 1 and 3 year contracts by choosing a 3 year contract over a 1 year we will save $1500. RESOLVEDmodifies the 2008 Data that the Town Board of the Town of Southold hereby Processing budget as follows: September 9, 2008 Page 19 Minutes Southold Town Board Meeting From: A.1680.4.400.357 Police AS400 Maint. $ 5000.00 A.1680.4.400.352 Printer Maint. $ 4000.00 A.1680.4.400.410 Scanner Maint. $ 5500.00 To: A.1680.4.400.350 AS400 Maint. $ 14500.00 ? Vote Record - Resolution RES-2008-857 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-858 CATEGORY: Attend Seminar DEPARTMENT: Accounting Permission to Attend NYSHIP Seminar -Barbara Rudder RESOLVED grants permission to that the Town Board of the Town of Southold hereby Barbara Rudder to attend a NYSHIP Regional meeting on the Empire Plan in Hauppauge, on Friday October 3, 2008. All expenses for registration, travel and lodging (if necessary) to be a legal charge to the 2008 Accounting Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-858 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-859 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Land Preservation The Nature Conservancy 2008 Contract Revision RESOLVEDamends resolution #2008- that the Town Board of the Town of Southold hereby September 9, 2008 Page 20 Minutes Southold Town Board Meeting 66, adopted at the January 2, 2008 regular Town Board meeting to read as follows: RESOLVED that the Town Board of the Town of Southold hereby engages the professional services of The Nature Conservancy to perform Conservation Planning, Acquisition, and Professional Services related to the Town’s land preservation efforts within the Pipes Cove area, and authorizes the Supervisor to sign the agreement between The Nature Conservancy and the Town of Southold, subject to review of the contract language by the Town Attorney. as set Compensation shall be for direct travel expenses and for employee time at an hourly rate forth in Exhibit A - TNC Staff Reimbursement Schedules 2008 and shall not exceed twenty thousand ($20,000.00) dollars. The contract term shall be from January 1, 2008 to December 31, 2008. Invoices submitted under the terms of this contract shall be a legal charge to the 2008 Community Preservation Fund budget H3.8710.2.400.100 (Land Use Consultants). ? Vote Record - Resolution RES-2008-859 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-860 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 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. September 9, 2008 Page 21 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-860 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? ??Albert Krupski Jr. Seconder Withdrawn ?????????? Supervisor's Appt Thomas H. Wickham Initiator ?? Tax Receiver's Appt ???????? Louisa P. Evans Voter ?? Rescinded ???????? Scott Russell Voter Next: Sep 23, 2008 4:30 PM 2008-861 CATEGORY: Committee Resignation DEPARTMENT: Town Clerk Board of Ethics Resignation RESOLVEDaccepts the resignation of that the Town Board of the Town of Southold hereby R. Denis Noncarrow from the position of a member of the Southold Town Board of Ethics , effective immediately, and be it further RESOLVED that the Town Clerk hereby is authorized and directed to advertise for this vacany. ? Vote Record - Resolution RES-2008-861 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-862 CATEGORY: Property Acquisition Public Hearing DEPARTMENT: Land Preservation Ficner - Set Public Hearing RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold sets Tuesday, September 23, 2008, at 4:40 p.m., Southold Town Hall, 53095 Main hereby Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Carolyn Blaskiewicz, Barbara Bokina, September 9, 2008 Page 22 Minutes Southold Town Board Meeting Susan Cheshire, Jeanette Sayre, and Stacia Ficner (known as the “Ficner” Property) 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 acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $79,000 (seventy-nine thousand dollars) per buildable acre for the 6± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is not listed on the Town’s 2006 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels that will also be held on September 23, 2008. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. ? Vote Record - Resolution RES-2008-862 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-863 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk CAC Appointment - Trimble September 9, 2008 Page 23 Minutes Southold Town Board Meeting RESOLVEDappoints Ann Trimble as a that the Town Board of the Town of Southold hereby member of the Conservation Advisory Council, effective September 9, 2008. ? Vote Record - Resolution RES-2008-863 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-864 CATEGORY: Policies DEPARTMENT: Town Attorney Adopts the 2008 Town of Southold Grant Submission Policy and Procedure to Assist Department Heads and the Town Board in Decision-Making Towards Obtaining Funding from External Sources WHEREAS , the Town of Southold is committed to seeking funding opportunities that benefit Town departments and residents of the Town. However, the availability of funding resources shall not solely guide efforts to obtain funding due to strict compliance and accountability requirements; now, therefore, it is RESOLVEDadopts the 2008 Town of that the Town Board of the Town of Southold hereby Southold Grant Submission Policy and Procedure to assist Department Heads and the Town Board in decision-making towards obtaining funding from external sources. ? Vote Record - Resolution RES-2008-864 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Initiator ?? Rescinded 2008-865 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Installation of Storm Drain Markers September 9, 2008 Page 24 Minutes Southold Town Board Meeting RESOLVEDapproves a cooperative that the Town Board of the Town of Southold hereby effort with the Southold VOICE for installation of storm drain markers to be installed on storm drains leading to the creeks, bays, sound and wetlands , in conjunction with a plan approved by the Superintendant of Highways and the Town's Stormwater Runoff Committee. ? Vote Record - Resolution RES-2008-865 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-866 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Proposal of Kinsley Power Systems Dated September 5, 2008, to Replace the Transfer Switch for the Generator in Connection with the Fishers Island Pump Station, RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Proposal of Kinsley Power Systems dated September 5, 2008, to replace the transfer switch for the generator in connection with the Fishers Island Pump Station not exceed $3,000.00 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-866 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-867 CATEGORY: Seqra DEPARTMENT: Land Preservation September 9, 2008 Page 25 Minutes Southold Town Board Meeting Wesnofske 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 the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske as contract vendees) 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 #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is approximately 960 feet west of North Road By-Pass in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± 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 owner/contract vendee. The purchase price for the easement is $68,000 (sixty-eight 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 RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. September 9, 2008 Page 26 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-867 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-868 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/B&B Uses in Marine Districts RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to adding Bed-and-Breakfast Uses to Marine law entitled Districts” 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 8, 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-2008-868 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-869 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Regulations Governing Farm Stands September 9, 2008 Page 27 Minutes Southold Town Board Meeting RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to Regulations Governing Farm Stands” law entitled 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 8, 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-2008-869 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-870 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Waiver Provisions of Merger Law RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to Amendments to the Waiver Provisions of the law entitled Merger Law” 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 8, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further September 9, 2008 Page 28 Minutes Southold Town Board Meeting 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-2008-870 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-871 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/CPF Management Plan RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to the 2008 Town of Southold Community law entitled Preservation Fund Management and Stewardship 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 8, 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-2008-871 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Initiator ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-872 September 9, 2008 Page 29 Minutes Southold Town Board Meeting Tabled 8/12/2008 7:30 PM CATEGORY: Bond DEPARTMENT: Town Clerk MPD Resolution & Order After PH RESOLUTION AND ORDER AFTER PUBLIC HEARING WHEREAS, the Board of Commissioners of the Mattituck Park District (the “Board” and the “District,” respectively) of the Town of Southold (the “Town”), Suffolk County, New York, pursuant to the provisions of Chapter 924 of the 1941 Laws of New York and the resolution adopted by said Board of Commissioners on March 13, 2008, has requested the Town Board of the Town to call a public hearing to hear all persons interested in the subject thereof, being the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York; and WHEREAS, the Town Board adopted an Order describing in general terms the proposed increase and improvement of facilities, specifying the estimated cost thereof, and stating the Town Board would meet to hear all persons interested in said increase and improvement of facilities on August 12, 2008 at 8:00 o’clock P.M. (Prevailing Time) at the Town Hall, 53095 Main Road, Southold, New York; and WHEREAS, a Notice of said public hearing was duly published and posted pursuant to the provisions of Article 12 of the Town Law; and WHEREAS, said public hearing was duly held by the Town Board on the 12th day of August, 2008 at 8:00 o’clock P.M. (Prevailing Time) and Adjourned and held on September 9, 2008 at 7:32 p.m. at the Town Hall, 53095 Main Road, Southold, New York, with considerable discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition to said increase and improvement of such facilities; and WHEREAS, said Board of Commissioners, in the role of Lead Agency, has undertaken the requisite proceedings pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and has determined that the project described herein is an Unlisted September 9, 2008 Page 30 Minutes Southold Town Board Meeting Action thereunder having no adverse impact upon the environment and a Negative Declaration has been issued; Now, therefore, it is hereby DETERMINED, that it is in the public interest to increase and improve the facilities of the District as hereinabove described, at the estimated maximum cost of $338,800; and it is hereby ORDERED, that the facilities of the District shall be so increased and improved as hereinabove described and, further, that the Engineer heretofore retained by the Board of Commissioners shall prepare specifications and make careful estimates of the expense of said increase and improvement of the facilities and with the assistance of the Attorney for the District, prepare a proposed contract or contracts therefor, which specifications, estimate and proposed contract(s) shall be presented to said Board of Commissioners and the Town Board as soon as possible; and it is hereby FURTHER ORDERED, that the expense of so increasing and improving the facilities of the District shall be financed by the expenditure of $39,000 from the District’s Operating Fund, $100,000 from funds available in the Town of Southold Recreation Fund, and the issuance of $199,800 bonds of the Town; and it is hereby FURTHER ORDERED, that the Town Clerk record, or cause to be recorded, a certified copy of this Resolution and Order After Public Hearing in the office of the Clerk of Suffolk County within ten (10) days after adoption thereof. ? Vote Record - Resolution RES-2008-872 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-873 Tabled 8/12/2008 7:30 PM CATEGORY: Bond DEPARTMENT: Town Clerk MPD Bond Resolution September 9, 2008 Page 31 Minutes Southold Town Board Meeting BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED SEPTEMBER 9, 2008, APPROPRIATING $338,800 FOR THE INCREASE AND IMPROVEMENT OF FACILITIES OF THE MATTITUCK PARK DISTRICT, INCLUDING THE EXPENDITURE OF $39,000 FROM THE DISTRICT’S OPERATING FUND AND $100,000 AVAILABLE IN THE TOWN’S RECREATION FUND TO PAY A PART OF SAID APPROPRIATION; AND AUTHORIZING THE ISSUANCE OF $199,800 SERIAL BONDS TO FINANCE THE BALANCE OF SAID APPROPRIATION Recital WHEREAS, the Board of Commissioners of the Mattituck Park District (herein called the “District”) in the Town of Southold (herein called the “Town”), in the County of Suffolk, New York, has requested that the Town Board undertake proceedings pursuant to Section 202-b of the Town Law for the increase and improvement of facilities of the District and said Board of Commissioners has caused Ward Associates, P.C., engineers duly licensed by the State of New York (the “Engineer”) to prepare a plan and report dated January 7, 2008, for such increase and improvement of facilities of the District, consisting of the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York; and the Engineer has completed said preliminary plan and report for said increase and improvement of facilities of the District and has estimated the cost thereof to be $338,800 and said map, plan and report have been filed with the Town Board of the Town; and WHEREAS, after a public hearing duly called and held, the Town Board of the Town determined that it is in the public interest to increase and improve the facilities of the District, and ordered that such facilities be so increased and improved; Now, therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than two-thirds September 9, 2008 Page 32 Minutes Southold Town Board Meeting of all the members of said Board) AS FOLLOWS: Section 1. The Town hereby appropriates the amount of $338,800 for the increase and improvement of facilities of the District, as described in the Recitals hereto, including the expenditure of $39,000 from the District’s Operating Fund and $100,000 available in the Town’s Recreation Fund to pay a part of said appropriation. The estimated maximum cost of the increase and improvement of facilities, including preliminary costs and costs incidental thereto and the financing thereof, is $338,800. The plan of financing includes the expenditure of $39,000 from the District’s Operating Fund and $100,000 available in the Town’s Recreation Fund to pay a part of said appropriation, the issuance of $199,800 bonds to finance the balance of said appropriation, and the assessment, levy and collection of assessments upon the several lots and parcels of land within the District in the same manner and at the same time as other Town charges. If the cost of the project, including payment of principal and interest on any obligations issued therefor, is not paid from such assessments, all the taxable property within the Town shall be subject to the levy of an ad valorem tax, without limitation as to rate or amount, sufficient to pay the principal of and interest on said obligations as the same shall become due and payable. Section 2. Bonds of the Town are hereby authorized to be issued in the principal amount of $199,800 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called “Law”), to finance a part of said appropriation. Section 3. The following additional matters are hereby determined and stated: (a) The period of probable usefulness of the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 35 of the Law, is five (5) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town and/or District for expenditures made after the effective date of this resolution, or for expenditures made on or prior to the effective date if a declaration of intent to issue bonds has been made. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. September 9, 2008 Page 33 Minutes Southold Town Board Meeting (c) The proposed maturity of the serial bonds authorized by this resolution will not exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of said bonds shall contain the recital of validity prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation said bonds shall be general obligations of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town without limitation as to rate or amount. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds, and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes issued in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 relative to the authorization of the issuance of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and the renewals of said bond anticipation notes, and relative to executing contracts for credit enhancements and providing for substantially level or declining annual debt service, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of the publication of such resolution, or a summary thereof, are not substantially complied with, and September 9, 2008 Page 34 Minutes Southold Town Board Meeting an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This resolution shall take effect immediately and the Town Clerk is hereby authorized and directed to publish this bond resolution, in summary, in the “SUFFOLK TIMES,” a newspaper having a general circulation in said Town, which newspaper is hereby designated as the official newspaper of the Town for such publication, together with the Town Clerk’s statutory notice in the form prescribed by Section 81.00 of the Local Finance Law of the State of New York. ? Vote Record - Resolution RES-2008-873 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-874 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Wesnofske 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 the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske, as contract th vendees) on the 9 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 #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is located approximately 960 feet west of North September 9, 2008 Page 35 Minutes Southold Town Board Meeting Road By-Pass in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner/contract vendees; and WHEREAS, t he purchase price for the easement is $68,000 (sixty-eight 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 the Estate of Eugene L. September 9, 2008 Page 36 Minutes Southold Town Board Meeting Wesnofske (Eugene Wesnofske and Chrystal Wesnofske, as contract vendees) 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 #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is located approximately 960 feet west of North Road By-Pass in Southold, New York. The development rights easement comprises a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner/contract vendee. The purchase price for the easement is $68,000 (sixty-eight 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 has determined that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-874 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-875 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Merger WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 12 day of August, 2008, a Local Law entitled relation to Amendments to the Waiver Provisions of the Merger Law” and September 9, 2008 Page 37 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed “A Local Law in relation to Amendments to the Waiver Provisions of Local Law entitled, the Merger Law” which reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Amendments to the Waiver Provisions of A Local Law entitled, the Merger Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this amendment is to provide an additional path by which owners of lots deemed “merged” may apply to waive those mergers under certain circumstances. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: § 280-11. Waiver of merger. A. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that: (1) The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected; and The waiver will not result in a significant increase in the density of the neighborhood. (2) Upon balancing whether: (a) The proposed waiver would recognize a lot that is as large, or greater in size than a majority of the improved lots within a 1000 foot distance from any lot line of the lot proposed to be recognized; (b) The lot proposed to be recognized is vacant and has historically been treated an maintained as a separate and independent residential lot since the date of its original creation; and September 9, 2008 Page 38 Minutes Southold Town Board Meeting (c) The proposed waiver and recognition will create an adverse impact on the physical or environmental conditions in the neighborhood or district. The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and the character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. 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-2008-875 ? 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 2008-876 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL B & B in MMII WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 12th day of August, 2008 a Local Law entitled relation to adding Bed-and-Breakfast Uses to Marine Districts” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were given an opportunity to be heard, now September 9, 2008 Page 39 Minutes Southold Town Board Meeting therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to adding Bed-and-Breakfast Uses to Marine Local Law entitled, Districts” which reads as follows: LOCAL LAW NO. 10 2008 “A Local Law in relation to adding Bed-and-Breakfast Uses to A Local Law entitled, Marine Districts” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIII, Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). SEVERABILITY III. 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. September 9, 2008 Page 40 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-876 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-877 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL Farmstand WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in County, New York, on the 12 day of August, 2008 a Local Law entitled relation to Regulations Governing Farm Stands” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it 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, which reads as follows: LOCAL LAW NO. 12 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: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: I.§72-1. Title. This law shall be known as the “Agricultural Uses Law”. September 9, 2008 Page 41 Minutes Southold Town Board Meeting §72-2. Purpose. II. 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, 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 September 9, 2008 Page 42 Minutes Southold Town Board Meeting 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. 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. 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. September 9, 2008 Page 43 Minutes Southold Town Board Meeting 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 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 total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) 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 total floor area, as defined in Chapter 280, of the farm stand structure(s) does September 9, 2008 Page 44 Minutes Southold Town Board Meeting not exceed 3,000 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 the requirements of § 72-6A, 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 the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the September 9, 2008 Page 45 Minutes Southold Town Board Meeting farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total floor area, as defined in Chapter 280. §72-9. [Reserved] §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 $1,000 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as September 9, 2008 Page 46 Minutes Southold Town Board Meeting 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 $5,000 or imprisonment not to exceed 15 days, or both. II.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. III. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-877 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Seconder ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-878 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL for CPFM & S Plan WHERAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 12th day of August, 2008 a Local Law entitled relation to the 2008 Town of Southold Community Preservation Fund Management and Stewardship Plan” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it September 9, 2008 Page 47 Minutes Southold Town Board Meeting RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to the 2008 Town of Southold Community Local Law entitled, Preservation Fund Management and Stewardship Plan” which reads as follows: LOCAL LAW NO. 11 2008 “A Local Law in relation to the 2008 Town of Southold Community A Local Law entitled, Preservation Fund Management and Stewardship Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In compliance with the recently-enacted New York State legislation relating to Peconic Bay Community Preservation Fund Administration Reforms, the Land Preservation Department has prepared a 2008 Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the . plan II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Community Preservation Management and Stewardship Plan for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation Department and Land Preservation Committee, for the period July 1, 2008 through December 31, 2008, presented to the Town Board during the Work Session of August 12, 2008, and intended to be the management and stewardship plan required by amendments to § 64-e of the New York State Town Law. 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. September 9, 2008 Page 48 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-878 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? 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 at 7:57 P.M. in order to hold public hearings. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 1. Matt Park Dist Call to Order 8:00 pm 8/12/08 History: 08/12/08 Town Board ADJOURNED Next: 09/09/08 COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that the Town Board of the Town of Southold, in the County of Suffolk, State of New York, will meet at the Town Hall, 53095 Main Road, Southold, New York, on September 9, 2008, at 7:32 o’clock P.M. (Prevailing Time), for the purpose of conducting a public hearing in relation to the proposed increase and improvement of facilities of the Mattituck Park District, consisting of the construction of sports lighting on the property heretofore acquired and now owned by the Park District at Aldrich Lane Fields, Laurel, New York, at an estimated maximum cost of $338,800. It is expected that $39,000 of such cost shall be paid from the Park District’s Operating Fund and $100,000 shall be paid from funds available in the Town of Southold Recreation Fund, with the $199,800 balance to be financed by the issuance of bonds of the Town. The public hearing to be held on September 9, 2008 will be a continuation of the public hearing held on August 8, 2008 which was adjourned and held open until September 9, 2008. At said public hearing, the Town Board will hear all persons interested in said subject matter thereof. th This public hearing will be held on September 9, it will be a continuation of what we started in st August. I have notices that this has been noticed in the, on the 21 of August in the newspaper, it has also appeared on the Town Clerk’s bulletin board and I don’ have any other legal notices in September 9, 2008 Page 49 Minutes Southold Town Board Meeting the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular public hearing? Gail? GAIL WICKHAM: Good evening. My name is Gail Wickham, I am the attorney for the Mattituck park district, I would also like to mention I am a soccer mom which is apparently a very politically relevant status since the last time we met on this issue. The town, I would like to clarify, is here tonight voting on a resolution solely to determine whether to issue and guarantee serial bonds in the amount of $199,800 to be used in part to finance this project for the park district. The park district is a taxing authority in its own right but it does not have the power to issue bonds. So basically the town would be issuing and guaranteeing these bonds. They would not be taxing the town residents on it. When the bonds are issued and sold, the proceeds will go to the park district. The park district will then use the money for the project. The park district will pay the debt service on the bond and repay the bond through its tax authority. I just want to make sure it is clear. The $100,000 that was referred to was approved by the Town Board in 2005 out of the recreation fund, at the same time the Board also approved dispersal of money to other local communities in the town. The commissioners of the park district voted on this proposal and asked the Town Board for this proposal after it was discussed at many, many Town Board meetings excuse me, many, many park district meetings at the request of a number of different residents from the park district and from the various sports facility clubs in the district. They discussed it, they tried to figure out how it would work, they hired a consultant to design it effectively, they held a public referendum after the bidding took place and the project was approved by the resident tax payers of the Mattituck park district. The, I might also mention that the park district is pursuing a $50,000 state grant which would be used to reduce the bond, if awarded to the district. So again, this debt service will not appear on the tax bills of all residents, it will appear only within the district itself. We have support of the Mattituck soccer club, which represents 700 youth from the town, the baseball community has been in support and we would like the town to please consider letting this project, which has been a long time in the making, finally get off the drawing table. One of the questions I did not answer specifically last time had to do with the cost of the electrical usage. And I have John Longo here from Ward Associates, our consultant and he would like to just take a minute to clarify that, that question for you. Thank you. JOHN LONGO: Good evening. I am John Longo with Ward Associates. We went back and analyzed the old electrical system that used to illuminate the fields and based on 18 cents per kilowatt hour which is a target number that we use, we determined an average operating cost per hour of approximately $20. With the new technology and energy efficiency built into the system that we are proposing, that per hour rate has been reduced to approximately $13. So we see about a 42% cost savings by utilizing the newer lighting technology that we proposed to the park district. Thank you. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular issue? September 9, 2008 Page 50 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: I just have one question. There was a vote in the park district on this proposal? MS. WICKHAM: Yes, that is required by the legislation before the commissioners can actually appropriate the funds. Or in order to approve their appropriation, I should say. COUNCILMAN KRUPSKI: Thank you. COUNCILMAN RULAND: Do you happen to know how many people voted? MS. WICKHAM: No. It was strongly in favor. There wasn’t a huge out turn but it was bigger than most park district elections. SUPERVISOR RUSSELL: Do you know the hours of the voting? MS. WICKHAM: I think they were 6:00 to 9:00 PM which is the typical… COUNCILMAN ORLANDO: I thought it was somewhere around 50 people. Maybe it was 40 to 10, maybe or something, the vote. Give or take? MS. WICKHAM: That might have been it, yeah. Often we get about 20 people at election but this one might have, yes, I think you are right. It was 40 to 11. COUNCILMAN ORLANDO: Around there. MS. WICKHAM: Yes. Thank you. FRANK WILLS: Good evening, my name is Frank Wills, I live in Mattituck. On a previous hearing on this matter, I also spoke up and felt that the amounts to me, seemed excessive, especially these days when the economy is in serious trouble, in my opinion heading worse. I wonder how many people actually use that field, I guess how many residents are there in Laurel? And if other people besides Mattituck and Laurel residents can use that facility, than possibly other towns in Southold township should be approached. But my basic feeling is that to spend $300,000 on lighting these days is excessive. Thank you. MS. WICKHAM: If I could just answer that. Again, as a soccer mom, there are hundreds of children that use these fields. I know from personal experience they are tremendously in demand as I think Scott Russell mentioned last time from his experience in scheduling games at all the fields throughout the town. This is also a project that replaces poles that were already there. it is not a new project, it is a refurbishment. And we found that the park district budget is primarily composed of refurbishing its facilities, whether it be the beaches, the jetties, the bulkheads, the lighting of the fields. That is what the budget primarily is consumed by. And it is a tremendously utilized project that I think the use of this town will really benefit from. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board September 9, 2008 Page 51 Minutes Southold Town Board Meeting on this particular issue? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 2. Wesnofske PH 9/9 7:34 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town sets Tuesday, September 9, 2008, at Code, the Town Board of the Town of Southold hereby 7:34 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by the Estate of Eugene L. Wesnofske (Eugene Wesnofske and Chrystal Wesnofske, as contract vendees). Said property is identified as part of SCTM #1000-69-4-8.1. The address is 36450 County Road 48 in the A-C zoning district and is approximately 960 feet west of North Road By-Pass in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6.2326± acres (subject to survey) of the 8.0726± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner/contract vendees. The purchase price is $68,000 (sixty-eight thousand dollars) per buildable acre for the 6.2326± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town’s Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice here that this has appeared on the Town Clerk’s bulletin board outside, it has th appeared as a legal in the local newspaper. I have a notice, a memo here dated July 14 from Mark Terry, the principal planner and the LWRP coordinator and the relevant sentence is ‘based upon the information provided on the LWRP consistency assessment form submitted to this department, as well as records available to me, it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.’ I have a short environmental assessment form, all filled out for the project and signed and I believe that is all the information in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular preservation? September 9, 2008 Page 52 Minutes Southold Town Board Meeting MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I am Melissa Spiro, Land Preservation Coordinator. As noted, this public hearing is for the town acquisition of development rights easement on just over 6 acres of active farmland. The total property is 8 acres within an existing residential dwelling and several accessory buildings. The landowner is excluding the dwelling and accessory buildings from the easement, for those of you that can see, the excluded areas as shown on the aerial map. The farm is currently owned by an estate and it is farmed by a family member, Eugene Wesnofske. Eugene is the contract vendee, who will be purchasing the property from the estate. Eugene is an active, traditional farmer. He farms the property, in addition to farming property across the street, County Route 48. He runs a farmstand on the property and he is purchasing the property so that he can continue to farm. Although the farm is small, it is all prime agricultural soils and it contributes to the rural characteristics of the town. There are approximately 170 preserved farmland acres to the south of the property, across on the other side of the railroad tracks and there is 35 acres directly across County Route 48. The farm contributes to the scenic viewshed on CR 48 and the Land Preservation Committee requires that an agricultural structure area, to be located behind the existing dwelling and barn, to ensure the protection of the scenic viewshed. The property has been before the committee for quite a while, as the family has worked through some estate issues. The committee is glad that the issues have been resolved and that the town, the estate and the contract vendee can move forward with the preservation of this important farmland and that the farm can remain in active production. The committee and I thank the estate and Eugene for preserving this important farmland and both the committee and I recommend that the Town Board proceed with this purchase. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody like to come up and address the Board on this particular hearing? COUNCILMAN WICKHAM: Is there anybody from the family here? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 3. LL Merger Law - 9/9/08 7:35 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: , there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 12 day of August, “A Local Law in relation to Amendments to the Waiver 2008, a Local Law entitled Provisions of the Merger Law” and NOTICE IS HEREBY FURTHER GIVEN 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, th 9day of September, 2008 at 7:35 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to the Waiver The proposed Local Law entitled, September 9, 2008 Page 53 Minutes Southold Town Board Meeting Provisions of the Merger Law” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Amendments to the Waiver Provisions of A Local Law entitled, the Merger Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this amendment is to provide an additional path by which owners of lots deemed “merged” may apply to waive those mergers under certain circumstances. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: § 280-11. Waiver of merger. A. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that: (1) The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected; and The waiver will not result in a significant increase in the density of the neighborhood. (2) Upon balancing whether: (a) The proposed waiver would recognize a lot that is as large, or greater in size than a majority of the improved lots within a 1000 foot distance from any lot line of the lot proposed to be recognized; (b) The lot proposed to be recognized is vacant and has historically been treated an maintained as a separate and independent residential lot since the date of its original creation; and (c) The proposed waiver and recognition will create an adverse impact on the physical or environmental conditions in the neighborhood or district. The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and the character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. September 9, 2008 Page 54 Minutes Southold Town Board Meeting 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. I am sure that this means that the proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood. COUNCILMAN KRUPSKI: I hope. COUNCILMAN WICKHAM: The rest of it is just text that goes along with that. So that is the additional text that has been proposed for this public hearing tonight. This public hearing has been noticed in the local newspaper as a classified. It has appeared on the Town Clerk’s bulletin board outside and it has been forwarded to the Planning Board for their comment. The Planning Board has commented in a memo dated yesterday, ‘The Planning Board has reviewed the proposed local law regarding amendments to the waiver provisions and it supports the proposal. It has also been sent to the County of Suffolk for its comments. The County of Suffolk has responded ‘Pursuant to the requirements of the Suffolk County Administrative code, this application is considered to be a matter of local determination as there is no apparent significant county wide or inter-community impact.’ We have a memo dated yesterday from Mark Terry, the principal planner, regarding the LWRP content and the relevant sentence is ‘The proposed action is consistent with the policy standards and therefore is consistent with the LWRP.’ There is a short environmental assessment form that has been filled out and signed and that completes the notes in the file. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this matter? Mr. Lewis? DR. ROBERT LEWIS: Good evening. My name is Robert Lewis, my wife who owns our property with me is here and we would appreciate if I could make the first point and she could follow in continuity because in our family she has the last word. Our home is at 570 West Cove Road on Nassau Point. We purchased our land in 1971, it consisted of a main parcel that consisted of a fraction over an acre and a vacant lot of .59 acres. It was designated vacant residential lot. A few months ago, while estate planning, our local attorney told us that our separate vacant building lot had probably been merged and we therefore could not put the lots into our separate estates in order to reduce the future tax burden on our children. Needless to say, we were shocked that our constitutionally guaranteed right to our property, which we understood was guaranteed along with our life and liberty, could be taken from us without due process by the Town of Southold. We are defining due process as a legal proceeding which is done fairly, I found that on Google. I am not a lawyer and I am sure there are all kinds of September 9, 2008 Page 55 Minutes Southold Town Board Meeting definitions for due process but that seemed like a pretty good one to me, to us. The Town did not notify us, the two parcels remained unchanged on our tax bills all these years and we have with us a notice which we found in the Town records from the Southold Town regarding the merger law. It appeared in 1995 in a document called the Traveler Watchman, I may be getting some of the details wrong but I think they are substantially correct. We did not subscribe to the Traveler Watchman and it is dated misleadingly and incorrectly, “If you own more than one undersized lot, consult your attorney or the Southold Town.” Had we, by some stroke of luck, seen this notice, we still would have been mislead, because we do not own more than one under sized lot. And in fairness to everyone, I think the legislation is so complicated that mistakes are apparently made, depending on which clause you look at. I have a copy of this if anyone is interested in actually seeing that I am not making the story up. We welcome the amendment being discussed tonight as an attempt by the Town to address what we feel, what feels to us to be a violation of our trust. Number two, we are hopeful that paragraph 280-11 of the local law 2008, which Mr. Wickham read, will provide us relief in the hardship imposed by the merger law because we believe our lots meet with the conditions for waiver of merger. But we are very concerned about how the specific language describing the lot size under paragraph 280-11 capital A to small a, how that language differs from the language in the original waiver of merger law. The new amendment says “The proposed waiver would recognize a lot that is a large or greater in size than the majority of the improved lots within 1,000 foot distance from any lot line of the lot proposed.” I believe Mr. Wickham just read that to you. the original law states that “the waiver would recognize a lot that is consistent with lots in that neighborhood.” We find, my wife and I, that the 1,000 foot condition is somewhat arbitrary and that the amendment does not seem to take into account that the waterfront building lots, at the time they were created, had to be, were 100 foot wide on the water. Anybody with more waterfront footage and therefore more acreage got that offering by buying an extra lot or dividing a lot with their neighbor. Which is why we, for instance, have over an acre on our larger parcel. The point, for instance, a 300 or 400 foot circumference around us would be much more, a truer measure of how we fit into our neighborhood which involves a lot of pieces of land on the water. The point that I am trying to make is that this law could be passed, I think you said this evening, and the Zoning Board might still disqualify us for the waiver of merger because our lot, established sometime around 1900 might be several hundreths of an acre smaller than the average of a number of interior lots on our peninsula which are in no way comparable to the waterfront property which we are on. So we are very concerned about that and why the language is specific this way and …. SUPERVISOR RUSSELL: Can I address, really quick? I had actually proposed many of the drafts of the law. The problem was with the current law, it says that if it is consistent with the community, they should have the lot. The Zoning Board of Appeals has been saying no, to be honest, to everything. They haven’t considered the character and content of the community, so that when you have a community of half acre lots and then you have this one separate lot that was merged by no fault of the owner, they would look at it and they would say no to that. And I thought that was not the intention of the law because that half acre lot is completely consistent with the character of that community and they ought to weigh that more heavily than they have been. I tried to make it more empirical, so that they had to waive it based on those criteria. I actually did talk to Pat the other day and Pat, I am sorry, Pat Moore the attorney, who had said well, the problem with that is you don’t want to lose sight of the community itself and the 1,000 September 9, 2008 Page 56 Minutes Southold Town Board Meeting feet is a little too empirical and a little bit too, perhaps, strident. I agree with that. My only intent was to get the Zoning Board of Appeals to start looking at the community again, because I don’t feel like they’ve been looking at the community for a few years now. They’ve been virtually saying no to almost everything and that was not the intent of the law. The idea was to have them look at your lot, recognize it’s the same size, virtually, just about every lot down in that community, I know where your live, because I grew up right around the block from you and say there is no practical reason to want to keep this lot from be recognized as a building lot. Pat, I know you wanted to raise your hand. You could probably do this and address it much more artfully then I have, so. COUNCILMAN WICKHAM: Why don’t we let him finish? DR. LEWIS: … my specific point. SUPERVISOR RUSSELL: I’m sorry, I’m sorry, I’m sorry, doctor, I’m sorry. DR. LEWIS: You had specific point that when we went yesterday or two days ago and looked at the interior lots, a lot of them are .65 and we are .59 and if the Zoning Board is doing a mathematical formula… COUNCILMAN KRUPSKI: I don’t know if it’s, there are two parts to this, these changes. The first part is to protect the town against, really, developers that come in and buy two lots that have been merged and then try to get a really good attorney to try to really cash on a wronged situation. So that’s to protect the Town. The second part is 2A, B, and C. It’s a balancing test. The ZBA is going to look at all those components and I don’t think it’s a mathematical test, I think it’s more of a balancing test to see whether your lot is going to meet the character of the neighborhood. As opposed to trying to just do a mathematical formula on a calculator and saying yes or no. DR. LEWIS: Ok, that’s what I was concerned about and Barbara just wanted to … COUNCILMAN KRUPSKI: We had a lot of, we had a long discussion. Town Board has worked really personally, long and hard on this. DR. LEWIS: Mr. Wickham? COUNCILMAN WICKHAM: I would like to hear what people in the audience have to say about this. Not so much what we are saying. I’d like to use the hearing, to hear what you and Mrs. Lewis had to say. BARBARA LEWIS: I would like to speak up in support of Law 2008, we understand that the purpose of the merger law Article 320-12, was to reasonably control and prevent the unnecessary loss of those currently open lands and within the town containing large continuous areas of prime agricultural soil. Our lot, created about a hundred years ago, has always been zoned residential and is in a community that has been largely developed. We have been told that the original law September 9, 2008 Page 57 Minutes Southold Town Board Meeting was intended to stop high density development by parties, as you said Mr. Krupski, who assume they could unmerge large properties after they bought them. We are here to give voice to the unfairness and inappropriateness of the application for the above law to people like us. We are the same owner for thirty-seven years on this property. The party before had the land for fifty years and we have kept it rustic, no lawns, no pesticides, no tennis courts, no swimming pools, no sprinkler system. We converted the garage thirty-five years ago into a play room and still live in the 40 x 40 foot summer home. As a matter of fact, Mr. McGannon, who is now 103 years old, he is the original owner’s son, visited us last summer and was happy to see how few changes had been made. We fought and helped defeat our neighbors proposed dock because of the negative environmental impact. In fact we believe the ratio of structure to land mass on our property is very close to what is described in the 1883 booklet, Peconic Heart, which details how, you call it Nassau Point, was back then. We have still most of the original plantings. Ours is a true bird sanctuary. We grow blueberries and don’t use pesticides. In conclusion, selling our vacant lot has always been a fail safe option, which we hope never have to exercise because we and our children love our property and would do anything to hold onto it. But it is also very close to our existing home. This property like for which we paid in 1971, and in the event of illness and in the face of constantly rising taxes as we age, having the possibility of selling the lot would prevent our having to give up the entire property. As everyone knows in our area, if the matter were to occur, having to give up the property, our house would be torn down, and a huge mansion would be put on this prime piece of real estate, we have 256 feet of water front with a 50 foot bluff. The highest point in our cove. In other words, in our case the merger law could likely have an outcome quite the opposite of its stated purpose. We know we can’t turn back the clock. Cutchogue is more and more losing its agricultural and rustic charm. But if there is a chance to delay this process, the Town should take advantage of it by working with people like us. Thank you. SUPERVISOR RUSSELL: Thank you very much. I am going to go to Pat Moore first. PATRICIA MOORE, ESQ.: Thank you. I have to say thank you, thank you, thank you for finally putting this back on the burner. I know it’s a difficult issue because I know that your intention is good to prevent the speculation that you all are concerned with, but I have to tell you in all the years that I was practicing and applying the old merger law, I don’t think I had one speculator come before that board at the time and ask to undo something that was clearly a parcel that had been merged intentionally or merged in such a way that it did not conform to the rest of the community. So, I think that your concerns, I appreciate your concerns but on the other hand I think that the language that you have incorporated into this, I think hurts more people and does not address the issues that I’ve been, that I’ve had my clients come and appear before you and explain the circumstances where this gentleman points out that in his estate planning, he just recently learned this, well, that’s pretty much how everybody has learned that their parcels had merged. By estate planning or someone passes away, they’ve actually inherited the piece of property and they go and try to develop it and find out that all the plans that their parents had went out the window. What I would like to point out, I think you mentioned. Well, let me back up. I think that the simple solution here is just to take out the economic hardship language out of the old merger law. It is as simple as that because we have a very good Zoning Board. We’ve always had a very good Zoning Board and there were times when they denied waivers and they September 9, 2008 Page 58 Minutes Southold Town Board Meeting approved waiver mergers. They saw right through applications that really didn’t have merit. So for the most part I can say that I agreed with them 90% of the time whether I was an applicant’s attorney or I was watching from the sidelines. We have skillful people and I give you credit for always appointing people that are well intentioned and bright. That is a very good Board. We don’t need all this language. The balancing test is the language of the waiver of merger. That is what they should be doing. It only occurred 5 years ago that somebody got real cute and took out what was the philosophy behind economic hardship. It was purely, economic hardship, at the time of the adoption, if you go back to the adoption of the law, was to prevent the speculators. What happened is that 5 years ago, we lost our institutional memory, and we suddenly warped it into something that it wasn’t and from that point forward, all waiver mergers were denied. Not because the board was not being reasonable, looking at the neighborhood. It was that the law, now based on the courts rule, used the economic hardship language, is a use variance criteria. So, they the courts, look at the language that historically in the variance language, the Town Law, has defined as an economic hardship. So that is truly, you are trying very hard, and I commend you for your effort, but my concern is when I take the examples that I have in my file cabinet, waiting for this waiver merger law to get fixed, I apply it and I look at it and say, well, they are now creating a whole new set of problems. You can very simply adopt tonight the removal of the waiver of economic hardship, and it would open up the door again for everybody who is sitting here, relief that they had not that long ago. The courts have told you what the problem is. Now all you need to do is just address that problem. If you find that after using the modified language, that it’s still not working, then maybe step 2 needs to take place. I commend you again. A year ago you cleaned up the problem with the spousal automatic merger because of death, but I pulled out one from my files today, to compare the language and I looked and I said well, that happened one owner before, and it wasn’t recognized, and all of this and now I have a family that was hurt because when this occurred there was no recognition that a waiver, excuse me that a merger had occurred. The situation the gentleman, I’m sorry I don’t know your name, but he raised an excellent point, which is, and I tried previously in my memos to the board, numerous times I have said the problem is that when the law was adopted, very experienced zoning practitioners out here, before my time, because it was adopted before my time, saw the law and the advertisement and when he read it, I went ah ha, that’s where they got the idea from. They took, there was a 1 acre parcel that was conforming. The person, the family owned a ½ acre parcel next door. The fact was that all the practitioners, because of the language as it was advertised, because they didn’t own two non-conforming parcels, disregarded it. It wasn’t a problem because there was already a conforming parcel. The non-conforming, did not make the conforming parcel bigger. That wasn’t the intent of the law. But here we are again ,institutional memory. We go five, ten years down the line and all of a sudden, that advertisement, or the notice, which I never saw before and when he read it, I went that explains it, because I looked back a waiver merger example that some very experienced practitioners, said how can they have not seen this, because I’m looking at the way it’s interpreted today. Not the way it was advertised at the time. So, very simply just take out that economic hardship and we can move forward. I will point out, you asked me to explain the provision in the law here, if you do choose to push this one, the thousand foot, I have, I took Mrs. Meryl, that the lovely lady that grew up in the Soviet block and came to you and said essentially what you said, which is this is un- American. I came from the Soviet country, and you’ve taken my property, this un-American, in her lovely little lady in white. She told me she was coming over here, and I said I’m not coming September 9, 2008 Page 59 Minutes Southold Town Board Meeting over there. You’ll have to deal with her. I took a thousand feet from her parcel, and she’s in probably one of the most developed areas in town, and I will show you what impact that has. Now I understand what you meant by it but I don’t think it comes out in the language. So you can see that when you measure a thousand feet, it takes you way outside the…. SUPERVISOR RUSSELL: Yeah, but in her case that would be beneficial because you are only counting that farmland to the east, I’m sorry to the west, as one lot. We’ve discussed that thoroughly and let me just, but it wasn’t perhaps the most artful way but you need to understand this wasn’t designed to give the ZBA more criteria. This was designed to be a waiver of the merger itself to avoid the whole process, if you have something that is consistent with everything else, it’s a waiver of the merger. But I would think in this particular case she is in excellent shape. MS. MOORE: She is. Well, that’s a very good example but even in an example like that where the lots are very small, you can see that the thousand feet is a tremendous area. Now, that’s one example but you have other areas where the subdivisions, adjacent subdivisions, may be three times the size.. SUPERVISOR RUSSELL: Sure. MS. MOORE: and now you’ve thrown all the numbers, the averages, because what happens is the Zoning Board, one application up through the tenth application they ask you to come in with statistics. We start getting into the minutia of whether or not, what is the average lot size? You know you go into the real numbers crunching. SUPERVISOR RUSSELL: Sure and that’s fair. What we tried to do, the original proposal was for 500 feet. What we tried to do is say let’s define what we mean by community, the area and it was probably too empirical, again not most artful, but it was well intentioned to say well, look this is an area where you have a built out community, and you have a lot that is the same size as everything else. What is the environmental benefit of negating that lot? MS. MOORE: Absolutely. I agree with you wholeheartedly. SUPERVISOR RUSSELL: I could tell you, in their particular case, that these are people that have done everything right for 30 some odd years. MS. MOORE: Exactly. COUNCILMAN WICKHAM: And Pat, can we characterize your views as saying before you pass this thing tonight, take a look at the original waiver of merger and just delete the portion on hardship? Is that basically what I hear you saying? MS. MOORE: Well what I’m saying is, you don’t have to delay this action any further. This law, the notice, had deleted that portion. You can choose not to adopt the rest of it or hold off and just adopt the portion that takes care of it most immediately. I do not want to see any further September 9, 2008 Page 60 Minutes Southold Town Board Meeting delays. It has been a 5 year process. SUPERVISOR RUSSELL: But let me point out though, that you haven’t removed the Zoning Board of Appeals from many of the processes. This law, if passed, would do that. Now maybe we need to re-visit the 1,000 foot issue and define community better. MS. MOORE: That’s not the way I read it. I see it as… TOWN ATTORNEY FINNEGAN: It still goes through the Zoning Board. SUPERVISOR RUSSELL: It still goes through the Zoning Board of Appeals. TOWN ATTORNEY FINNEGAN: No, No it’s not exempt. MS. MOORE: No. SUPERVISOR RUSSELL: The reason for the economic hardship, was because of the ZBA decision and the court supported them in that. I am not, if, we can try it that way. MS. MOORE: No, No, No. Let’s back up. Economic hardship, for about 10 years, when we were, when I applied, I think I did my first waiver merger law, as the law first got adopted. SUPERVISOR RUSSELL: I understand. MS. MOORE: The economic hardship was not interpreted, neither by the town, the Zoning Board, by the legislative authority that adopted it, that was not the definition, that was not the intent of that language. SUPERVISOR RUSSELL: Right, I understand that. MS. MOORE: It only became, when, I don’t know who, the Zoning Board as a group, with legal guidance… SUPERVISOR RUSSELL: Right. MS. MOORE: …said we want to say no, this is the way you say it, by economic hardship and now the courts say, well yeah economic hardship is the way. SUPERVISOR RUSSELL: So but if there intent is to say no with out better guidance, then they’re still going to say no and then your going to be in an Article 78. I don’t want to create work for the attorneys. I want to do something that’s fair for the landowners. MS. MOORE: I, I, I, I wish that this would make things easier. SUPERVISOR RUSSELL: Okay. September 9, 2008 Page 61 Minutes Southold Town Board Meeting MS. MOORE: I’m not sure that this language is really making the job easier. I think that in fact in many cases it’s going to preclude applications because of the first issue which is whether or not it is the same related entity. I must have had 5 or 6, throughout the course of applications, where it was not noticed until the second owner and that poor person, that individual had bought a lot thinking that that lot could be develop. Everybody believed it could be developed and all of a sudden it comes that, that two owners ago, or when the subdivision was approved it was held for too long by the original developer in the 70’s. It was held for more than the period of time, and all of a sudden you, you, you…. SUPERVISOR RUSSELL: That’s exactly what who don’t want to un-merge though. Caveat emptor, well, you are a knowledgable buyer, you need to do your homework when you’re buying a vacant lot. This law is designed to offer relief to people who are effected specifically by this law not by people who came later. MS. MOORE: But you’re assuming that…. SUPERVISOR RUSSELL: That’s what title searches are for. MS. MOORE: Now it is but you’re assuming a perfect world, okay? There are situations, where it is not known. There are errors that are made. There are, the waiver merger, again your belief goes through the subdivision process. So I’m not so sure that you want to exclude everybody, including entities estates. The next in line. You know you have people that have inherited properties, that’s just, I don’t believe that’s right. They inherited properties that their parents specifically believed... SUPERVISOR RUSSELL: They are excluded. They are part of the group we are trying to offer relief to. This is related parties. MS. MOORE: That’s what I wasn’t clear whether this entity, or unrelated, because it speaks in terms of transfer to an unrelated person or entity. I don’t know of an estate, when it goes to the children of the heirs or the family of the heirs, whether that is an entity or a related entity. I think it should be open. SUPERVISOR RUSSELL: That is an issue for the Zoning Board of Appeals to sort out. MS. MOORE: But it sounds like you are trying to give the Zoning Board the flexibility to say yes but you’ve precluded them right from number 1. You can’t walk in the door if you are not the right entity. SUPERVISOR RUSSELL: Right COUNCILMAN WICKHAM: A related, a related entity. SUPERVISOR RUSSELL: That was the intent. If I just bought 2 pieces of property a few years September 9, 2008 Page 62 Minutes Southold Town Board Meeting ago, and I’ll give you an example. I bought a house with a vacant piece of property. I bought a house and a vacant lot but I bought that years after that law was passed. I went into the equation knowing that that was a merged lot. I don’t think that I should be looking toward the Zoning Board, I mean I made an application, but I don’t think I should be entitled to some automatic exemption from this law because I was a knowledgeable buyer. I did my homework. I knew what the title was on the house and on that vacant lot. We talking about people like Dr. Lewis and his wife, who have been sitting there for years doing everything right, and just didn’t know that this law was passed. That’s who we are trying to offer the relief to. I agreed with some of the artfulness that we can re-visit but I’m not sure we want to start mandating un-merger of everything. That wasn’t the intent. It was to go after the injured properties or to help the injured parties. COUNCILMAN WICKHAM: Okay. COUNCILMAN ORLANDO: Pat, I have to say, while on the Zoning Board for 4 years, seeing you and seeing Gail, the only two applicants I saw there were death by merger, which we fixed, and the other one was estate planning, as the Doctor’s doing right now. I didn’t see builders trying to come in. But the one common denominator they all had, they all… SUPERVISOR RUSSELL: Hey, you have to mention Deborah Doty, we are trying be an equal opportunity. . . COUNCILMAN ORLANDO: Oh. DEBORAH DOTY: Actually in transfer’s MS. MOORE: Yeah, there are other examples where the transfer COUNCILMAN WICKHAM: Scott, let’s let the people speak, let them… COUNCILMAN RULAND: But the one common denominator is they always got the separate tax bills from the county and that was their, they felt they were still separate. People during the 80’s and 90’s were building careers and raising families, didn’t see the paper like the doctor. SUPERVISOR RUSSELL: Let me ask you something. Would the Town Board consider tabling this, or adjourning this, keeping it open so that we could fix some of these glitches? COUNCILMAN WICKHAM: No.. COUNCILMAN KRUPSKI: I think… MS. DOTY: I would like to address the board. SUPERVISOR RUSSELL: I mean after we listen to everybody. Okay. September 9, 2008 Page 63 Minutes Southold Town Board Meeting COUNCILMAN WICKHAM: As a procedural thing, I would like to be able to hear everybody who wants to speak tonight and I think we should just be in a listening mode. Then at the end, we’ll decide what we want to do. I like your suggestion of giving some more thought to it and not necessarily voting on it tonight. But meanwhile I would just like to hear, one after another, what people have to say. COUNCILMAN KRUPSKI: But it’s good to give clarification to people… SUPERVISOR RUSSELL: That’s right. COUNCILMAN KRUPSKI: …who, that’s the intent of the law. That’s the intent of the changes. COUNCILMAN ORLANDO: Go in the direction of helping not hurting. MS. MOORE: No, I want the feed back because many of the questions, if they are my questions, there are other people in the audience that have the same or similar questions. So… MS. DOTY: If I may, I just want to… SUPERVISOR RUSSELL: Deborah Doty, Cutchogue. MS. MOORE: Yeah MS. DOTY: Deborah Doty, attorney in Cutchogue. Mr. Orlando I actually dispute what you just said because I represented a client who bought a vacant lot, in Orient, and they bought it from the children of the original owners. The original owners, and this goes to transfer as well, the original owners owned the adjacent lot, which was developed. In 1996, a local attorney named Gary Olsen, wrote to the Building Department and gave them the information, gave them the deeds. The head of the Building Department wrote a letter to Gary Olsen saying, if you do deeds and get them recorded before the end of the year, to these parcels and get them in separate names, they will not merge. So Gary went ahead and did that. Ok, so it was done before the end of 1996. Three years later, the house parcel was sold. I think it was in 2003, the vacant land was sold to some individuals. Now, their attorney was from up west but he got a copy of the Building Department’s letter. Building Department stationery saying if you do this you’re okay. So he said okay. So they bought the parcel. Now I would find it very reasonable to rely on letterhead issued by the Building Department. The building permit application was put in. Denied. It had merged with the adjacent parcel that had previously been sold to somebody else. Now these people, with vacant land, wanted to build a house on it and I had to make an application for a waiver of merger and there was some question as to whether or not it was actually going to be granted. And then the question was, who was going to pay my clients, what was then the outrageous sum of $166,000.00 for the vacant land that they bought, that they couldn’t do anything with. Well, the board granted the waiver. So… MS. MOORE: And I had one that was very similar to that, too. September 9, 2008 Page 64 Minutes Southold Town Board Meeting MS. DOTY: That actually goes to two points… COUNCILMAN ORLANDO: See and I gave you the waiver. MS. DOTY: Yeah, well I asked you if you were going to pay them the $166,000? COUNCILMAN ORLANDO: Persuaded then. MS. DOTY: That persuaded you. SUPERVISOR RUSSELL: But it’s an unfortunate problem but that’s how the process, those mitigating factors should be. MS. DOTY: And that goes to the two points, that… MS. MOORE: Right MS. DOTY: ….goes to the subsequent transfer after the merger had occurred… SUPERVISOR RUSSELL: Right, okay. MS. DOTY: …as well as the merger issue. MS. MOORE: But let the applicants go forward. If the Zoning Board sees through it and has a problem with it, they will deny it. In your case and the one very similar in my case, they realized everybody here was innocent. Innocent purchasers. There was reliance on governmental permits, governmental vacant land, C.O.’s. There, at this point those documents are some what meaningless because you go back to the single and separate that you rely on. But in the days when those vacant land C.O.’s where being issued, nobody debated single and separate. So, my caution is please, don’t take such hard and fast rule to get in the door, allow the people to get in the door. Let the circumstances be explained and if the Zoning Board feels that it’s reasonable, let them decide. So far they have done a pretty good job. So…. COUNCILMAN ORLANDO: But Deborah, I don’t remember that application in details but I bet you they both got separate tax bills from the County. Didn’t they? MS. DOTY: Yeah. COUNCILMAN ORLANDO: That’s the false security that people get, that the County can’t be wrong. I get two separate tax bills, they are two separate pieces. SUPERVISOR RUSSELL: I’m sorry, but I don’t think this particular proposal precludes them from coming in the front door and maybe we just need to simply strike the economic hardship issue. But they can still come in the front door. What this does is spell out under which the September 9, 2008 Page 65 Minutes Southold Town Board Meeting ZBA has a perfunctory obligation to waive. You still have those discretionary hearings. What this says is if these criteria are met, it has to be waived. So, I want to, again I know I’m already saying we should table it. MS. MOORE: I sure I particularly agree with that because. Pat, is that… TOWN ATTORNEY FINNEGAN: No. The first criteria. You need the first criteria to get in the door. MS. MOORE: Right which is the one that…. TOWN ATTORNEY FINNEGAN: The other three are a balancing test. MS. MOORE: Right. TOWN ATTORNEY FINNEGAN: …for the Zoning Board to decide. Whether they decide… COUNCILMAN KRUPSKI: But you get to argue you case, whether you make… MS. MOORE: No. The first criteria… COUNCILMAN KRUPSKI: Who judges that? MS. MOORE: The Zoning Board will not accept an application for a waiver of merger… SUPERVISOR RUSSELL: For any waiver? MS. MOORE: Any waiver of merger. SUPERVISOR RUSSELL: Because, well, that was not my intent either. MS. MOORE: Because of number one. MS. DOTY: It would get denied in the Building Department. SUPERVISOR RUSSELL: Okay, that certainly wasn’t my intent either. My intent was to say look, we hear your cases but you’ve got circumstances here that you have to weigh more heavily, such as these vacant lots that have been. So I think, I don’t know how the board feels but I would be willing to table it and work on a better law. COUNCILMAN ORLANDO: Let’s hear everyone else. SUPERVISOR RUSSELL: Yes. I certainly want to hear everybody else. MS. DOTY: If I may continue. I first want to compliment the Lewis’ for being here. I think September 9, 2008 Page 66 Minutes Southold Town Board Meeting they gave the Town Board the flavor of what your citizens go through in these situations. I have had numerous clients come in and you just sit there and say I know you get two separate tax bills but. I know you get two separate tax bills, but. And it’s very difficult to explain to them how, in their mind, the town has stolen their property from them. UNIDENTIFIED: You must kill the messenger. MS. DOTY: I’m still here. COUNCILMAN ORLANDO: Good thing that was an almost MS. DOTY: You know and to sit there and try to say, well this is what the town thinks. Just, it doesn’t work. SUPERVISOR RUSSELL: I agree. MS. DOTY: I took this proposed law and I actually looked at two different areas, which are very densely populated, and attempted to calculate a 1,000 foot radius. One of the problems was, where on the lot line do you go, because the lot line moves. SUPERVISOR RUSSELL: Any lot line. Yeah. MS. DOTY: But on Nassau Point, in one particular instance, I went into the middle of Nassau Point and it was 128 lots that you had to look at. In Fleets Neck, it was 130. I went up to Duck Pond which you know is, it’s got (inaudible) and so on and so forth. It was 33 lots. That’s a lot. SUPERVISOR RUSSELL: Okay. MS. DOTY: It’s a lot to deal with. When I was speaking with the Lewis’ about it, they said, well how do we find out? Do we calculate it from the tax map? What do we do? I said well, you go to the Assessor’s office and pull out the books. 130 lots, that’s a lot of time and a lot of energy. And who in the town is going to check up, number one, and who wants to pay an attorney that kind of money? I don’t know. I would suggest, you know attorneys, we have to disagree. I’m not really sure that removing the economic hardship is necessarily appropriate. I think perhaps guidance as to what that means is appropriate. I have found, and I haven’t done one recently because I tell clients it’s not worth it, that the Board has been applying severe or extreme or extraordinary economic hardship. We just had one involving Medicaid, Medicaid application. Do you think that’s going a little far? And I would suggest that there is some reason in there, some balancing, some consideration for what people like the Lewis’ are going through. SUPERVISOR RUSSELL: I agree. MS. DOTY: Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board September 9, 2008 Page 67 Minutes Southold Town Board Meeting on this issue? LINDA GOLDSMITH: Hello, I’m Linda Goldsmith from East Marion. I just have a couple of questions maybe you could help me with. The word merge is in quotations. Could you explain to me what you mean by merged lot if it’s in quotations. Does that mean a lot that has two separate tax bills but has some how gotten merged? SUPERVISOR RUSSELL: Well merged by, yes, by statue. You can have two separate parcels, in other words it doesn’t mean physical merger it means merger by ownership or by past ownership. MS. GOLDSMITH: But that would be two, that would be two lots that have separate tax bills? SUPERVISOR RUSSELL: Could be, yes. MS. GOLDSMITH: Okay, the reason why I am asking is there are, and I know of a couple of examples, um in town where there are some people who had built a house, I know one in Orient, a big farm lot, I think 1.9 acres or something and had left a big clump of it out on one side, saying oh look, you know now I’ll have a lot later on for someone. And of course now because it’s not 2.25 acres, when the zoning when the house was built was a .25 acre zoning. She was told if you have 2.25 acres you might be able to separate two acres and leave your house on a quarter acre, but you can’t do that. So this does not address something like that? Is that correct? SUPERVISOR RUSSELL: No. MS. GOLDSMITH: Ok. My second question is does this address, um, any of the lots that are and always have been not merged but one acre lot, not one acre, one house lots that someone has built a second house on? Will this allow them to come into the ZBA? SUPERVISOR RUSSELL: No. COUNCILMAN ORLANDO: No. SUPERVISOR RUSSELL: No. MS. GOLDSMITH: …and say oh well you know um I have a second house here but it must be a merged lot and can I please get a C.O. on that? SUPERVISOR RUSSELL: No. MS. GOLDSMITH: Okay, thank you. SUPERVISOR RUSSELL: This is about lots that have been recognized, at least at some point in the code life of Southold Town. Mr. Finora? I’m sorry ma’am, I meant to go to you but you are right after Mr. Finora. September 9, 2008 Page 68 Minutes Southold Town Board Meeting JOSEPH FINORA: Joseph Finora, Mattituck. I just have a question, a couple of questions. First of all assuming, I don’t have any too much of a problem with part 1 but part 2. What do you exactly mean by upon balancing? Does that mean that these three conditions must be met? COUNCILMAN KRUPSKI: I think it gives the ZBA the discretion to say they don’t all have to be met. They all have to be considered. MR. FINORA: Okay. My other question is that with B the lot proposed to be recognized as vacant and has historically been treated as maintained as separate and independent residential lot. How far back will it go, you know, for a historical…. SUPERVISOR RUSSELL: That would be for the Zoning Board of Appeals to determine for themselves. Typically it would go back to the creation of a lot and look at the character and the use of that lot since its inception. Certainly since they can go back, I mean the Assessors inventory probably goes back to the late 50’s before that you’re probably going to be stumped. So, that would be at the discretion of the ZBA. MR. FINORA: Okay. Assuming, if you assume that you met all the criteria here, do you still have to file an application with the Zoning Board of Appeals or is this a perfunctory… COUNCILMAN ORLANDO: Yes. SUPERVISOR RUSSELL: Yes. TOWN ATTORNEY FINNEGAN: Yes. MR. FINORA: It would still have to be filed? Good. Thank You. COUNCILMAN ORLANDO: To answer your one question, which was pretty hypothetically, if you have two lots next to each other, and you hypothetically took all the debris from it and you put grass and mowed it as if it was one big lot, it would be looked at as you only maintained it as one lot and you didn’t keep it separate as a wooded lot. Something hypothetically like that. MR. FINORA: What I had in mind was two separate parcels, that they receive separate tax bills on and… COUNCILMAN ORLANDO: Well that’s one of the big issues I had while on the Zoning Board. Everyone stills gets two County tax bills, they don’t recognize that they have been merged. SUPERVISOR RUSSELL: The Town tax bills COUNCILMAN ORLANDO: The Town tax bills. They get two separate ones. MR. FINORA: Alright. September 9, 2008 Page 69 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Again I would recommend if, ma’am? I’m sorry. Do you want to go? JOYCE SIRICO: I don’t want to interrupt your train of thought. SUPERVISOR RUSSELL: No, go ahead. JOYCE SIRICO: I’m Joyce Sirico. I’m a taxpayer here but I can’t vote obviously because my primary residence is up the island a bit. I am grateful also to see the Town deal with this issue. If you are familiar with my situation, I inherited two separate lots in Eastern Shores in Greenport from my father, one, from an aunt a year later and they were next to each other. I have been maintaining them separately as two investment lots for, you know, the family has been paying the taxes for over forty years and when I went to sell them, I found that they had been merged as one and we’ve been through this before. I was denied a waiver of merger, I think in ’05. What the problem I have with the language here is that there are these qualifying terms. The Board of Appeals may waive the merger. This is the same thing that happened before. Before it said they may waive it. It didn’t say it had to meet all these qualifications. Which they asked us, in my case, they wanted all them met. Then again later on, upon balancing, whether. These are very, very subjective. And this is, I understand you guys want to instruct, I guess, the ZBA to, to do this reasonably but you don’t have control over the decisions they make and what they’re going to be looking at. Do they take field trips and actually look at the character of the development? COUNCILMAN ORLANDO: Yes. SUPERVISOR RUSSELL: Yes, yes they do. MS. SIRICO: They actually do? COUNCILMAN ORLANDO: They’re supposed to go take a look at all the sites. MS. SIRICO: Alright. In my case, I mean these 100, over 160 half acre lots that were created in 1966 or 1963. 150 houses on those half acre lots, in that development. The lots I happen to own are down in the southwest corner of it. So if you’re going to draw a circle, 1,000, I mean there’s preserved land, there’s Town land, I believe, and there’s undeveloped. What is an improved lot? Has a house on it? SUPERVISOR RUSSELL: Yes. COUNCILMAN ORLANDO: Yes. MS. SIRICO: Okay. What if you’re next to preserved land? And the majority of…. SUPERVISOR RUSSELL: Let me, again just explain, my original draft for this had a checklist and the ZBA shall waive or the lot is waived if, and you meet these three or four criteria. We September 9, 2008 Page 70 Minutes Southold Town Board Meeting looked at that, a farm lot, if it is the majority, and again my original proposal had 500 feet, a farm lot is one lot. So you look at the majority of the lots. Even if they are all to the east of you, you are still the overwhelming majority of improved lots are supporting your application. MS. SIRICO: Isn’t that also up to… SUPERVISOR RUSSELL: Well, my original proposal said they shall be waived if this, this and this is met. This is something of an amalgam of Town Board that says, well, we don’t want to remove the discretion completely from ZBA and they sort of moved along those lines and that is the give and take you have in legislating. But I would like at least, in certain circumstances, to create a law that just says these are waived. I can’t speak to you specifically, I don’t know the circumstances… MS. SIRICO: First of all, I am not sure, I haven’t even gotten an answer from the Town if I am even legally allowed to reapply because I think originally in the language you were allowed to do it once and if you were denied, you were never allowed to do it again. I think that was somewhere. COUNCILMAN WICKHAM: But you would be allowed, if we changed the law. MS. SIRICO: If you changed the law. SUPERVISOR RUSSELL: Under the current code, you can apply for a waiver once. If you are turned down, you can always come back for a variance. It is a more expensive process and the likelihood of success isn’t any greater but…. MS. SIRICO: Right. Alright, so if the law is changed, well then I would definitely recommend it be changed, so that I could reapply. But I don’t know what is going to make the ZBA always judge reasonably. SUPERVISOR RUSSELL: Right. That is a good point. MS. SIRICO: I mean, how do you, unless you are going to give them meet A, B and C or meet three out of four, how are you going to be sure they are doing it? COUNCILMAN WICKHAM: Well, the… MS. SIRICO: One of the things, it was so clear in my case that it was definitely staying in the character of the development. It was so obviously clear. And they threw that right out. And they said if you build another, an extra house in that development, you are affecting the environment. You know, and again, I know people keep bringing it up but here it is, I am still paying two separate tax bills. Still. Two library levies, two fire district levies. Two everything. And I am just going to throw this out, a year ago when I spoke Mr. Russell, you said in your case I just don’t think you inherited what you thought you inherited. And I drove the whole way home stewing about that and I just want to answer it now that I have a chance…. September 9, 2008 Page 71 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Sure. MS. SIRICO: I know exactly what I inherited. Two separate lots. And I kept them as two separate lots. For my family, for my children. For a future house, whatever. And you know, and again, the Town took them in a way. SUPERVISOR RUSSELL: Yeah. I agree with you. That is why I proposed easing the law. And my comment might have seemed curt but it was an honest effort to say… MS. SIRICO: And I understand and I appreciated that…. SUPERVISOR RUSSELL: We have a law that actually that was passed in the early 90’s, that merged lots based on ownership back to the 80’s. So you couldn’t have even done anything to address the law as it was being passed because it was almost like it was de facto, well, we are going to merge them as of June 10, 1983 which was when we passed two acre zoning, which really wasn’t pertinent to lots but point well taken. MS. SIRICO: Well, I think Mrs. Moore has brought up in the past too, that this was not made to punish residential property owners, it was more or less to keep speculators from you know, doing… COUNCILMAN ORLANDO: We are trying to give relief for homeowners here. MS. SIRICO: yeah. But it isn’t doing that, I mean it wasn’t. I mean, I hope this will change things a little bit. But I am still a little wary at some of the language. The qualifying statements like may and upon balancing whether. They are very vague. Okay? SUPERVISOR RUSSELL: Thank you. Jim? JIM DINIZIO: James DiNizio, Jr. I have been a member of the ZBA for the past 25 years and I can tell you if you don’t subscribe to the Suffolk Times, many people have applied to us, evidently don’t and I ask that question all the time. This law, this merger law has been the bane of my existence since I have been on the Zoning Board. It has, it makes absolutely no sense to me whatsoever, actually until I heard tonight because it seems to me like there is an underlying idea emanating from this Board that they are trying to protect the Town from developers and I understand that there developers and sometimes people develop land, that is how we all got here, most of us are sitting on homes that were developed. I suspect that there are lots that are out there that are still owned by people who develop them many, many years ago; got agreements from the town that said that this is the size lot that they can build on, however no one has ever showed me that example but I just, I am assuming that that is what is pushing this law. These two fine people right here should have no more trouble unmerging them lots than going into the building inspector and showing him their deed. And I am assuming that your lot are in the same name. and if they are in the same name, they have been in the same name for the past forty years and they don’t have cesspools on them, they don’t have swimming pools, they don’t have tennis September 9, 2008 Page 72 Minutes Southold Town Board Meeting courts on those lots, this should be as simple as, okay, here is your building permit. Your lots are unmerged. This shouldn’t be, comparing them to the rest of the lots. These lots were approved at some point in time by somebody in this town. They were recognized. Somehow they got a deed and I, you know, I listened to Ms. Moore every time she comes up, she has very cogent, they make almost perfect sense to me, her reasoning and it seems to me that for whatever reason they don’t get approved. Now I agree with the economic hardship, I can tell you, I rode hard on that economic hardship. Because quite honestly, that is a bugaboo. You, this is thrown in there and it is so subjective, so subjective, I mean, we have people telling us that economic hardship is I can’t sell the lot. I have people, we have people that are affected by this law who need to sell the lot because the husband had cancer. If that is not economic hardship, I don’t know what is. Yet, somehow the Board couldn’t be convinced. Even the law as you have it written here honestly, to me, if you took out C, could be handled by the building inspector. I mean, certainly any person can prove that the lot hasn’t been transferred. Okay, where is the balancing act to that one? Now if you are saying upon balancing A, B and C, you gave specific criteria in A, that must be greater or equal to. Okay, for any lot that is smaller, you can’t grant a variance on that. You have already specifically said what we are supposed to do in this law. Now if they meet that one but they don’t meet another one, fine. But specifically, that lot, 25 feet, square feet smaller, it is not getting approved. The first lot is recognized as vacant and has historically been treated and maintained as a single and separate independent, hey, anybody can testify to that. Any person can say no, look, I don’t have cesspools on, I don’t have tennis courts, I don’t have, okay, then they should just go and get their building permit or if they have a lot, they can sell it, do what they want. C, to me, makes no sense at all. The proposed waiver recognized will, or well, it is will not create and that is the way it is in our law, an adverse impact on the physical or environmental conditions in the neighborhood. Okay, well listen, I have listened to people tell me what their neighborhood is. I have heard people say, well, if they cut down the trees on that lot, we are going to lose our parks. Okay? I mean, people are human and so are Zoning Board members. And they can be swayed by those kinds of things. COUNCILMAN ORLANDO: I have no place to dump my leaves. MR. DINIZIO: Some people care about trees more than others. But in any case, I appreciate, Scott, that this pretty much mirrors what I gave you folks about a year ago. Okay. It pretty much does. And you know, I don’t want to, I know of at least one person is going to benefit from this. Okay. One person, I know of one that came before us, that we turned down, that would meet this criteria. Okay? I would not want that person to wait another day, okay, not to get their lot. However, and it is a big however, you have got to do better than this. You can’t leave out so many people who expected to have these lots as their retirement, as their children’s inheritance. They purchased those lots for those reasons and they were taken away from them simply because they are married. Think about that. And it seems to me and I am hearing from up there, more like, not tough but they have to do their homework. Well, no. honestly, they don’t have to do their homework. I don’t read the Suffolk Times, I just skim through it. Never read the legal notices. I got this because I am a member of the Zoning Board and I get e-mails that have this stuff in here. I got it this morning. The hearing that I believe, the code committee meeting that you had on this, I tried to attend. That door was closed. This is where, and I am, I have got to applaud you for that for wanting to listen to the people because you have to listen to September 9, 2008 Page 73 Minutes Southold Town Board Meeting the people. I have listened to them for the past 20 years about this. And if we can’t get it right, right now, it is never going to happen. People have died waiting for this law to be changed and I can tell you Deborah Doty, a perfect example, she will disagree with me but two people died in a car accident and because one person died five or it was within the day, 20 minutes? Forty minutes apart, the wrong way. If they would have died the other way, they would have had two lots but because they died, those lots were merged. We turned them down. Now, there were extenuating circumstances on that but this is how crazy this law is. I am just hoping that, you mentioned nothing in here about the decisions that have been made already. People have read the law, people have complied with the law; didn’t ask for waivers, didn’t, didn’t bother because they read the law. Do those people get to come back now? How do we let those people know? Maybe they sold that lot already. Maybe they sold the entire house and lot together at a lesser price. You know, I understand, time moves on but this law quite honestly, in my opinion, took it away from them in a not so democratic way. SUPERVISOR RUSSELL: I understand that, Jim. This is to try and revise that law and make it fairer and if it is not perfect, we need to talk about how to make it a better law. A better revision. MR. DINIZIO: I don’t think we need a perfect law but I think you need a lot more than what you are giving them and you know, if anything if you are going to pass it tonight, if you can strike C, I think you will at least, you are on the right road. Certainly you have got the economic hardship out of there, this C basically leaves it, the door open for a bunch of people from the neighborhood to come in and complain about the fact that they are going to lose a lot that has trees on it. Quite honestly. And I don’t think that we need to go down that road on a lot that a person had a deed to, that person is, you know, basically a buildable, a building lot. I mean, I am saying that if you can put a house on it with it there not be a variance, that is a building lot. So, you know, I would like for you to pass it tonight but I would like you to strike C and then I will come anytime you would like but you have got to become a little more consistent with your meeting. I would like to see at least do a better job for people like this. SUPERVISOR RUSSELL: Yeah. Well that is understood. But I have to tell you just to come in on one thing and I know, Tom, you don’t want me to talk but I have to. If you said at the hearing tonight that people better do their homework, that hasn’t emanated from this Board. I made point before to say this is to undo the people that you just talked about, the people that have had their lots and intended to build their lot, intended to have a lot for years, not someone who bought an injured lot and they knew it was injured. That might sound a little crass but you that’s, you are the one that recommended that we put that criteria in there to say that you are the same party or that you are related to that same party. It was actually your recommendation as to why we included that in this original draft. We were trying to meet that. MR. DINIZIO: I agree with you there, and I don’t think that’s, that’s really not my point, my point is that people still have made decisions based on the law as it exists today. And a lot of those people got hurt. And I think that, you know, sure, the faster you can do it, the better but from, Ms Moore comes in with I can think of five applications where they weren’t people who were not savvy about it, they were people, it really wasn’t even a question of legality, it just happened. You need to give the Zoning Board or somebody more leeway and the Zoning Board September 9, 2008 Page 74 Minutes Southold Town Board Meeting certainly needs to look at it individually. They can’t take the whole (inaudible) thing, like we are saving an entire town because we are going to keep one lot undeveloped there in a development that was approved. SUPERVISOR RUSSELL: Yeah, I agree with that. MR. DINIZIO: And that was what the other lady was talking about. I mean, you know, Moore’s Lane, Moore’s Lane North, come on, the town approved those lots. And now we are taking them away? Thank you very much. SUPERVISOR RUSSELL: Thank you, Jim. Dr. Lewis? DR. LEWIS: I thought I heard Mr. Dinizio just say that provision A, I thought I heard him agree with my concern, he is on the Zoning Board, he said if it says the majority has to be as large or greater in size and you come out .59 and the average is .63, you get denied. I think that was what he just said. SUPERVISOR RUSSELL: Yeah. Well…. DR. LEWIS: So the reassurance that they are not going to get mathematical. SUPERVISOR RUSSELL: That is a point, and I think in the beginning we recognized that as a well-intentioned but probably poorly worded part of the law. And again, I would ask everybody to afford us the opportunity to table it and get back to work with some of the attorneys and come up with something better. I hate to delay it for people who have been merged for these many years but I would rather do that than pass something that is not going to achieve the affects we wanted. Anybody want to speak on the lot waiver merger law? GAIL WICKHAM: Hi, Gail Wickham. This will be short. I think concern is a good one, it was one I had and perhaps it could be cured by just suggesting that the waiver would recognize a lot that is comparable in size to the majority of the neighborhood lots. SUPERVISOR RUSSELL: That’s, that is a much, that is a much better. Okay. COUNCILMAN KRUPSKI: We did pretty well, actually, out of A, B and C; various people didn’t like either one of them. SUPERVISOR RUSSELL: Sir? UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: Oh, can we, we will address it when we get through with the public hearing, then we will go to that. JUSTICE EVANS: I make a motion we close the hearing. September 9, 2008 Page 75 Minutes Southold Town Board Meeting RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 4. LL B& B Marine Districts - 9/9/08 7:40 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, “A Local Law in relation to adding Bed-and-Breakfast Uses to 2008 a Local Law entitled Marine Districts” and NTOICE IS HEREBY FURTHER GIVEN 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, 9th day of September, 2008 at 7:40 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to adding Bed-and-Breakfast The proposed Local Law entitled, Uses to Marine Districts” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to adding Bed-and-Breakfast Uses to A Local Law entitled, Marine Districts” BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In order to be consistent with other allowable uses in these districts, this Local Law will include bed and breakfast uses in the Marine zoning districts by special exception obtained from the Zoning Board of Appeals. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: ARTICLE XII, Marine I (MI) District § 280-52 B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (3) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14) ARTICLE XIII, Marine II (MII) District [Added 1-10-1989 by L.L. No. 1-1989] § 280-55. Use regulations. B. Uses permitted by special exception by the Board of Appeals. The following uses are September 9, 2008 Page 76 Minutes Southold Town Board Meeting permitted as a special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (7) Bed-and-Breakfast uses as set forth in and regulated by 280-13B(14). SEVERABILITY III. 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have before me a notice that this has appeared as a classified in the local newspaper, it has appeared on the Town Clerk’s bulletin board. I have a memo from the Planning director of the th town, dated July 29. ‘In answer to your request for comments regarding the addition of Bed & Breakfast operations to the MI and MII zoning districts, I reviewed the permitted and special exception uses in each district. Both districts allow single family residences as a permitted use. The MII zone allows transient residential use (that is hotels) by special exception. Furthermore Bed & Breakfast operations are permitted by special exception of the Board of Appeals in the more restrictive residential zones. For these reasons, I recommend that Bed & Breakfast operations be added to the uses permitted by special exception in the MI and MII zoning districts.’ The Suffolk County Department of Planning has responded by saying that they regard this as a matter for local determination, as there is no apparent countywide or inter-community th impacts. The LWRP coordinator, Mark Terry has responded on September 8 to this proposed law and he has concluded, according to the records in the department as well as the records available to him, it is his recommendation that the proposed action is consistent with the following policy standard and therefore is consistent with the LWRP. And specifically he sites ‘to improve the economic viability of water dependent uses by allowing for non water dependent accessory and multiple uses, particularly water enhanced and maritime support services where sufficient upland exists.’ I have a short environmental assessment form filled out and signed and I believe that completes the notes in the file. SUPERVISOR RUSSELL: Now, we have no A, B and C in this particular law, so this should go a bit faster. Would anybody like to come up and address the Town Board on this law? Linda? LINDA GOLDSMITH: Linda Goldsmith, East Marion. Mr. Copertino had asked you at the beginning of the meeting about this and you had said, you know, there are houses already in some of these districts and you know, they could apply to be Bed & Breakfast’s. That is all well and good but there is a great deal of property in MII districts that is not even developed yet. SUPERVISOR RUSSELL: Mmmhmm. MS. GOLDSMITH: Why, if the whole town is being looked at, there has been a lot of talk about September 9, 2008 Page 77 Minutes Southold Town Board Meeting rezoning, especially in Cutchogue as you know. I never heard anything tonight, I guess we are not going to hear too much and I have to say I do, you know, I have to agree with the gentleman who usually speaks on that. Why would we, for lack of a better word, clutter up our MII zones anymore? I am wondering in a large piece of property, such as one in East Marion, would that be allowed in conjunction with other special exceptions? There was 30 acres and there was two of them that were, you know, put a residential house on it, you could possibly have a hotel, a restaurant and a Bed & Breakfast. And I just think it is overkill. I invite all of you to come down and see Bed & Breakfast’s in all of their glory, go to Skipper’s restaurant and go down about a mile and a half and you will see about a dozen. There really are a great many of them, I think MII zones and we talked about this here a while ago, Mr. Russell, that that whole, that whole zoning in the MII zones really should be revisited and we had spoken about that because some of the uses are really inconsistent with marine. So I don’t know why, unless someone has applied to have a B & B in a marine II zone, I don’t know why this would have even come up. I really, you know, I don’t see people lined up outside the door saying I want a bed and breakfast in my marine zone down the road, so obviously it is in response to someone who has possibly requested this. I think that the whole of Southold Town should be looked at, the zoning should be looked at before we start grabbing more things. And the other thing you are doing is you are giving the Zoning Board of Appeals more work, with the special exception. And I hope, thank god it is a special exception. If it was just going to be something that was allowed, then I would even be speaking louder, I am sure. But I just don’t think it is a good idea, I think it is something that when we revisit or when you revisit, I shouldn’t say we, when everything is revisited, all the zoning in different places. The zoning perhaps for the Heritage, the zoning in East Marion, the zoning wherever, I think then it is time to make changes. This is not the time to make a change like that. So, thank you. SUPERVISOR RUSSELL: Okay. JOHN BRADY: Hi. John Brady, East Marion. This change sounds like Oki-do in the background to me and to get a residential area and then have everything else as a bed and breakfast and I would like to know who proposed this? SUPERVISOR RUSSELL: We had, I had a husband and wife come to me who own a house, it is an historic house, it happened to be in an MI or MII zone, I don’t remember. I inquired, they were inquiring as to why a B & B wasn’t allowed since it is their principal dwelling and B & B’s are allowed provided the house is your principal dwelling. They are allowed in every other zone, other than industrial where you are not allowed to have a house, period. I had put the inquiry to the Planning Board, asked them to review it, I also at the same time said, you know, I had a meeting with the B & B Association and said what we really need to do is rethink some of the current B & B law to require that houses already be existing prior to our approval. We have a lot of houses being built to be B & B’s. They are these huge, in style and I don’t think that is consistent with our larger goals. We maybe have saturation issues in East Marion, I talked with the B & B president from East Marion. We want to address those issues but I don’t know how this would be at all related to Oki-do. Oki-do has, as a special exception, the right to come in for a hotel. This is a, this would be an accessory use to a principal dwelling. I don’t think that is their goal. I haven’t talked to anybody from Oki-do but certainly with what they are proposing a September 9, 2008 Page 78 Minutes Southold Town Board Meeting B & B hasn’t been on the table at all. They are looking for much larger, grander and certainly out of scale with East Marion on that but I don’t see how this would be pertinent to Oki-do, to be frank. Other than the fact if they decide to surrender their plans and just build a house. COUNCILMAN KRUPSKI: There are a lot of small MII and MI parcels in town. It would only support their primary residence and the B & B, they wouldn’t support anything else. MR. BRADY: So you don’t think that if they put the primary residence there, they could have a lot of outbuildings and get around just this way. SUPERVISOR RUSSELL: No, you are only allowed to have a B & B function as an accessory to your existing principal dwelling and you are only allowed up to four rooms to be used as a B & B. Oh, is it five now? Five rooms to be used as part of your principal, existing dwelling. You are not allowed to have several B & B’s. MR. BRADY: Thank you. MS. GOLDSMITH: So what you are saying is that even if someone goes before the ZBA, the only way a B & B can exist in an MI or MII district is if the house is already there as a principal… SUPERVISOR RUSSELL: No, what I would suggest is that in the near future, we seriously consider restructuring our code to try to encourage the use of existing inventory. B & B’s being one of them. So that the house should be up prior to getting a ZBA approval, because we had several large ones built west of the town. Those are issues we have to address down the road. MS. GOLDSMITH: So why wouldn’t you do that before you pass this? SUPERVISOR RUSSELL: Well, I brought that to the table at the time and I think the feeling was to move forward with this. This is an oversight in the particular law, it’s only an accessory use to a principal dwelling, it’s allowed. COUNCILMAN WICKHAM: This is specific to the MI, MII zoning district. MS. GOLDSMITH: Right, so… COUNCILMAN WICKHAM: The point that the Supervisor made is we could apply that to all bed and breakfast in the town. SUPERVISOR RUSSELL: Yeah. All zones. MS. GOLDSMITH: Okay, so if there is an empty parcel in an MII district, someone could buy that parcel, build their residence on that parcel and within a few months after moving in, could apply for a special exception to be a B & B? September 9, 2008 Page 79 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yes. COUNCILMAN ORLANDO: If they lived there. Owner occupied. MS. GOLDSMITH: If they lived there. SUPERVISOR RUSSELL: They can do that in R40, R80, AC, anywhere else now. MS. GOLDSMITH: And I am sure you are as aware as I am of B & B’s which are not owner occupied. This is just another example of how there may be more B & B’s that are not owner occupied. COUNCILMAN WICKHAM: I am not aware of that. COUNCILMAN KRUPSKI: I am not either. SUPERVISOR RUSSELL: I am. MS. GOLDSMITH: After this meeting, I will give you a couple of names. COUNCILMAN WICKHAM: No, wait. If there are, I think you should, somebody should bring them to the attention of the Town because I don’t think that has been permitted. MS. GOLDSMITH: It has been done, talk to your code enforcer. SUPERVISOR RUSSELL: That is right, there is a specific example Linda is referring to. I am aware of it. Again, those are issues of code enforcement that we just had a good long meeting about today to develop a comprehensive approach to getting it done but I would hate to hold up the well intended because of the people that don’t follow the rules. And those rules are there that wouldn’t allow it, whether this law is passed or not. And this doesn’t really affect that particular party. That threat is there whether it is an R40, R80, AC, you name the zone. MS. GOLDSMITH: This is a special exception. SUPERVISOR RUSSELL: Special exceptions, as it is with every other B & B that is applied for. It is all the special exception through the Zoning Board of Appeals. MS. GOLDSMITH: I still think this is a bit too hasty but thank you for your clarification. SUPERVISOR RUSSELL: Okay. Would anybody else like to come up and address the Town Board? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman September 9, 2008 Page 80 Minutes Southold Town Board Meeting AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 5. LL CPFM&SP - 9/9/08 7:45 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12th day of August, “A Local Law in relation to the 2008 Town of Southold 2008 a Local Law entitled Community Preservation Fund Management and Stewardship Plan” and NOTICE IS HEREBY FURTHER GIVEN 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, th day of September, 2008 at 7:45 p.m. Southold, New York, on the 9 at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to the 2008 Town of Southold The proposed Local Law entitled, Community Preservation Fund Management and Stewardship Plan” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to the 2008 Town of Southold Community A Local Law entitled, Preservation Fund Management and Stewardship Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - In compliance with the recently-enacted New York State legislation relating to Peconic Bay Community Preservation Fund Administration Reforms, the Land Preservation Department has prepared a 2008 Management and Stewardship Plan for real property interests acquired through the fund. This plan must be adopted by local law and all expenditures from the fund for management and stewardship functions must be in compliance with the terms of the . plan II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13A. Community Preservation Fund Management and Stewardship Plan adopted. A. The Town Board of the Town of Southold hereby approves and adopts the Community Preservation Management and Stewardship Plan for real property interests acquired by use of moneys from the Town of Southold Community Preservation Fund, prepared by the Land Preservation Department and Land Preservation Committee, for the period July 1, 2008 through December 31, 2008, presented to the Town Board during the Work Session of August 12, 2008, and intended to be the management and stewardship plan required by amendments to § 64-e of the New York State Town Law. III. SEVERABILITY September 9, 2008 Page 81 Minutes Southold Town Board Meeting 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. EFFECTIVE DATE IV. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. NOTE: The plan is available at the Town Clerk’s Office, the Town’s website (southoldtown.northfork.net), and the Land Preservation Office. I have a notice that this has appeared as a legal in the local newspaper, a classified and it has appeared on the Town Clerk’s bulletin board outside. There is a note from the LWRP th coordinator, who is recommending on September 8 by saying ‘it is my recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.’ There is a short environmental assessment form, filled out and signed and that is the sum total of what we have in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. Councilman Wickham pretty much summarized what this is, it is a new change to the law, the 2% law that requires a stewardship plan. We prepared a plan just to the end of 2008. We will be doing another one for 2009 and having another hearing and local law for that particular one. Basically there is no new cost to the town with this plan because all of the costs were already adopted in the current 2008 budget. The Town Board already went through their budget hearings in 2007 and so there is no new costs. What we have done is listed all of the projects that we will be working on, the stewardship project that we will be working on on community preservation projects through the end of 2008. SUPERVISOR RUSSELL: Thank you. PETER TERRANOVA: Does this change have to do with where the money for or the resources for the management and the stewardship of the acquired lands come from as opposed, you know, does it come from the fund or does it come from general tax revenues? SUPERVISOR RUSSELL: It comes from the fund. Melissa will… MS. SPIRO: It is coming from the fund. It is all budgeted, the current 2008 budget is the money, the funds that we are using from the community preservation fund. MR. TERRANOVA: Right, I understand that but going forward, I thought I read something about that the adoption of this new law that is being required by the state, okay, where formally the funds for the management and stewardship of the land you acquired was coming out of the September 9, 2008 Page 82 Minutes Southold Town Board Meeting land preservation fund. Is that still going to be allowed or does that money then have to come out of…. COUNCILMAN WICKHAM: It will be allowed pursuant to this plan that we are about to adopt. COUNCILMAN KRUPSKI: You have to now have a plan in order to spend that money, an approved plan in order to spend that money. Whereas before you could just spend a certain percentage of it without having a specific approved plan. MR. TERRANOVA: And what is the difference? SUPERVISOR RUSSELL: Transparency. COUNCILMAN WICKHAM: The plan would give greater discipline and specificity to… JUSTICE EVANS: You can only spend it on what is in the plan. MR. TERRANOVA: So you need a budget? SUPERVISOR RUSSELL: Yes. What the difference is, Peter Terranova Peconic. Not Terramello. Terranova. What it is, it is about transparency. It is about putting up in advance to the public what our intended uses are for that fund and for the land that we have acquired with that fund. Okay. Would anybody else like to come up and address the Town Board? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 6. LL Farmstands - 9/9/08 7:50 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the th Town Board of the Town of Southold, Suffolk County, New York, on the 12 day of August, “A Local Law in relation to Regulations Governing Farm Stands” 2008 a Local Law entitled and NOTICE IS HEREBY FURTHER GIVEN 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, th 9 day of September, 2008 at 7:50 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Regulations Governing Farm The proposed Local Law entitled, Stands” reads as follows: LOCAL LAW NO. OF 2008 September 9, 2008 Page 83 Minutes Southold Town Board Meeting “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: Chapter 135 of the code of the Town of Southold is hereby repealed in its entirety. A new Chapter 72 of the Code of the Town of Southold is hereby adopted as follows: I.§72-1. Title. This law shall be known as the “Agricultural Uses Law”. §72-2. Purpose. II. 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, 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 September 9, 2008 Page 84 Minutes Southold Town Board Meeting milk, timber or timber products, other than christmas trees, all hay, rye and legumes. 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. 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 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 September 9, 2008 Page 85 Minutes Southold Town Board Meeting the total area of the farm stand structure(s) by up to fifty percent, cumulatively, of the total area of the farm stand structure(s) 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 total area of the farm stand structure(s) does not exceed 3,000 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 the requirements of § 72-6A, 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 the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand operator, or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. §72-8. Maximum Size of Farm Stand. September 9, 2008 Page 86 Minutes Southold Town Board Meeting In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total area. §72-9. [Reserved] §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. II.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. III. APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have before me a lengthy legal out of the local newspaper, in which it was detailed for the public to read. It has also appeared on the Town Clerk’s bulletin board outside. In a memo th dated September 8 from Jerilyn Woodhouse, the Planning Board chair, she writes, ‘The Planning Board has reviewed the proposed local law regarding the new town code for farm stands. We support the changes, however, we suggest that the farm stand total structure be clearly defined to make it easy to understand what is included when determining the maximum th size of the building.’ I have a memo dated September 8 from Mark Terry, the LWRP coordinator which reads in part, ‘it is my recommendation that the proposed action is consistent September 9, 2008 Page 87 Minutes Southold Town Board Meeting with the policy standards and therefore is consistent with the LWRP.’ There is a short environmental assessment form, signed here and a note from the Department of Planning from Suffolk County which says that ‘this referenced application is not within the jurisdiction of the Suffolk County Planning Commission.’ And I believe that those are the only substantive comments in the file. TOWN ATTORNEY FINNEGAN: There are two, before we start the hearing, there are two changes that were proposed after the Planning Board made a comment made about whether it is for the floor area and that it be clarified in here, so the proposal is to add under 72-6-A2 where it says the total area, change the term to the total floor area as defined in Chapter 280, so that will include the whole floor area. SUPERVISOR RUSSELL: The whole structure. COUNCILMAN WICKHAM: And I should mention that in the text, it says the maximum size of farm stand, in all cases, farm stand structures shall not exceed 3,000 square feet in total area. TOWN ATTORNEY FINNEGAN: So that will be total floor area. COUNCILMAN WICKHAM: Total floor area. TOWN ATTORNEY FINNEGAN: And the same change will be 72-8, the same term is used again. Total floor area. And the, there is one other change under penalties for offenses, currently the fine for in the farm stand code are the first offense not exceeding $1,000, the second offense not exceeding $5,000. We have raised those fines by local law last year, so this actually lowers it so I think the intention is to keep it the same. The fines. So this is changed to $1,000 and $5,000 to be consistent with what it is today. COUNCILMAN WICKHAM: And days in jail? SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board? TONY COCHEO: Tony Cocheo, Southold Business Alliance. I want to commend the Board on this legislation, I think it really makes very specific sense of what we have been talking about for many years. There is only one thing that I think should be reviewed. In section 72-7 farm stand offerings # 4, it says other accessory items but limited to items complimentary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. The first part of it sounds very good but it is not specific. It kind of leaves the door open to anything and that fits within the 50% of non farm produced items. SUPERVISOR RUSSELL: Forty percent. The intent there was to say if you are a greenhouse grower and you are selling the planters with the plants, that seems appropriate. If you are selling things that are consistent and complimentary to you ag products, it seems appropriate. I appreciate the comment that it is not very specific. It is very difficult to bring too much clarity to it and this law isn’t really meant to micro-manage farm stands, it is to really get those that are so September 9, 2008 Page 88 Minutes Southold Town Board Meeting outside the field of what a farm stand is intended to and to reel them back in. MR. COCHEO: But this tends to open the door to a lot of abuse, especially when it says something such as decorative housewares. You know, that could be anything. And I don’t know how you define what is specific to a farm stand that is accessory items? COUNCILMAN KRUPSKI: Councilman Wickham and I have recused ourselves from quite a few of these meetings, code meetings and work sessions… COUNCILMAN WICKHAM: All of them. COUNCILMAN KRUPSKI: On this and the only time I commented was the last public hearing and I am going to comment on that, I mean, that has got to be up to the discretion of the Board, whether they want to keep 60% as agricultural products produced on the farm or raise it, that has got to be a Board decision. What percentage. And that would obviously limit that type of scenarios that you are talking about. MR COCHEO: Right. The way to get around this might be to apply a percentage to number 4, five percent. You can really keep it to a minimum and then apply the you know, the judgment of whether it is accessory items. SUPERVISOR RUSSELL: We did talk about that, the mathematical equation is becoming very problematic. We already have a 60% threshold, then if it is 5%, is it 5% based on sales area or 5% based on value? Again, it is not the most precise language there but under the current code, you can sell virtually anything and not even be a farm operation. So we are certainly taking a huge step in that right direction. MR. COCHEO: Well, hopefully then, if passed as is, the oversight and enforcement will be critical. SUPERVISOR RUSSELL: Well, I would certainly welcome the opportunity down the road to revisit some of these more problematic aspects but in the interest of I would say brevity, but that would almost be ironic of trying to get this thing done… MR. COCHEO: Yeah. We have all talked about the concerns that the business community in Southold has… SUPERVISOR RUSSELL: And there might be those little holes that people drive wedges through down the road which might make us rethink this, I talked to Chris Baiz who has been a very, very committed chairman of the Ag Advisory Committee, saying maybe you know, when those things happen, we might need to address them then. It is, again, you don’t want to stop the well intentioned because of the concern for a few. MR. COCHEO: The interest of course, is to have the well intentioned farm stands do well and thrive. September 9, 2008 Page 89 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: That is exactly right. MR. COCHEO: Okay. COUNCILMAN ORLANDO: And Tony, we talked about it at the committee meetings, like the Supervisor said. We talked amongst ourselves and we talked about it in general that yes, things accessory to a farm stand and not you know, yodels or a pack of gum or dolls but something more related to the farm. The pumpkin industry or the…. MR. COCHEO: The exemptions still exist in here of I think there was soda and water, things like that. That still exists in here, does it not? SUPERVISOR RUSSELL: I don’t think we referenced it. MR. COCHEO: Because that was in the original legislation. SUPERVISOR RUSSELL: Yeah, we referenced beverages in the original…. MR. COCHEO: Beverages was in there and probably should be kept in there. SUPERVISOR RUSSELL: We referenced beverages, we made no references to food on site. What I think we determined was, the issue right now isn’t a problem. Most of the beverages are confined to a soda machine or bottled water. Again, that might be one of those issues, you can’t envision what one clever opportunist is going to do down the road and we might just need to sit down and have to take some new views on it but in the meantime, we want to just get it running. MR. COCHEO: Okay. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? Linda? LINDA GOLDSMITH: Linda Goldsmith, East Marion. On section 72-5, I am wondering how you came up with these certain numbers? In section B, the building department shall only issue a farm stand permit, you have 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 with an average gross sales value of $10,000 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, livestock products of an average gross sale value of $50,000. SUPERVISOR RUSSELL: Right. That is State Ag and Markets law. The Department of State Ag and Markets in New York State defines bona fide ag operation. They use gross sales as the defining feature. The idea is that if you have the critical land and you can produce at least $10,000 in crop; it used to 10 acres and $10,000 now it is 7 acres and $10,000, you are a bona fide ag operation. They changed that ag and markets law a few years ago to allow for under 10, now it is under 7 acres but they said the threshold needs to be higher. And that accommodates September 9, 2008 Page 90 Minutes Southold Town Board Meeting for the higher producing operations that you might see today. That would be nurseries, container stock, that …. MS. GOLDSMITH: So that is why the $50,000……. SUPERVISOR RUSSELL: They are protected by state, that law reflects exactly what is afforded in ag and markets law. And they are protected. MS. GOLDSMITH: Okay. Thank you. SUPERVISOR RUSSELL: Gail? GAIL WICKHAM: I just had really two procedural questions or comments. One has to do with that same provision, 72-5 B, when the building department has to make a determination as to whether that operator meets that ag and markets criteria in order to issue the permit, are you expecting that the building department will actually go through that analysis or will they be able to utilize the fact that the operator may have already obtained an ag exemption from the Assessors office? Because I… SUPERVISOR RUSSELL: The exemption makes it easy but you can’t require someone to get an exemption they don’t want. MS. WICKHAM: No. SUPERVISOR RUSSELL: What we envision is that they would be referred to from the chief building inspector to the ag advisory committee who can follow through and determine the bona fide status of that operation. MS. WICKHAM: And my question is whether the building department would have to make a separate evaluation if the operator already has the Assessor’s ag exemption? Or can they rely on that without having to set up a whole new… SUPERVISOR RUSSELL: No, they have already met that criteria, but the exemption is one of the reasons or one of the ways you can demonstrate that you have met that criteria. MS. WICKHAM: So that would be sufficient for the Building Department, good. Because I think that is a good thing and the second thing I just wanted to ask about was the fact that you have limited the agricultural production to geographic area within the Town of Southold and I would really leave this to the farming community as whether that stops at the Laurel line or whether the more economic operation out here of agriculture is perhaps the north fork because I think there are farming operations that do transcend that line and that might come into play with some of the, particularly the western farms. I just would like to throw that out there for consideration. SUPERVISOR RUSSELL: Thank you. September 9, 2008 Page 91 Minutes Southold Town Board Meeting MS. WICKHAM: I think that, those were my two main questions. Thank you. SUPERVISOR RUSSELL: Would anybody else like to comment on the…? Mr. Baiz? CHRIS BAIZ: Good evening, ladies and gentlemen of the Board. My name is Chris Baiz, resident of the village of Southold and a member of the Ag Advisory Committee. No doubt I don’t need to say to any of you that we have probably surpassed the five year mark on trying to bring something as simple as this to this level. I think more important than any aspects that need closer defining, more micromanaging. It is really an issue of finding an economic threshold that a farming operation and our farming units are small, a farming unit here might average 20 acres, there are many under that, these are very small farming operations and they do have to depend more and more on a retail value for market in order to keep the land in agricultural production. And Mr. Supervisor, as you and I discussed a couple of weeks ago at one of our committee meetings, really the overall intent of this is if you have got an economic operation , you have viable land preservation. And I am not sure that this particular law is going to suddenly, upon passage, have a surplus of New York city folks running out here all wanting to be farmers and put up their 3,000 square foot farm stands. First of all, to a farmer, 3,000 square feet of farm stand is incredibly expensive at $150 a square foot, I don’t think somebody is going to run out and spend $300,000 or $400,000 to sell a head of cabbage, let alone as somebody had suggested, Cabbage Patch dolls as part of the accessory items. We are not going to make a killing on it. The primary objective is to find an economic threshold to keep 7 to 10 to 15 acre farms economically viable for the current operator and possibly for a child of that operator and a grandchild of that operator going forward, so that we have economic and viable land preservation, agricultural preservation of that land. I want to thank you all for your support in this and I hope we can go to quick passage on this tonight. Thank you. SUPERVISOR RUSSELL: Quick being an ironic choice of words. Thank you. Would anybody else like to address the Town Board on the farm stand law? Okay, let me just say very briefly, I am sorry, it has been a long night. The Ag Advisory Committee has a very difficult task. They are all self-employed, they work very long hours and to get them in to help us participate in legislation is a very difficult, we had a vacancy with the chairmanship this year, Chris Baiz had no time but stepped up anyway, took on the chairmanship, has been attentive to the farmers needs, he is in my office every day with another aspect to discuss on agriculture, so I think he needs to be recognized for that. So with that, Chris, thank you very much for everything you have done for the ag community. Sandy? SANDY MEYER: I am Sandy Meyer, I have a small farm stand on the Main Road in Cutchogue and looking at this in the section of processed agricultural products that include wine and alcoholic beverages, is this more meant to also be applied to the…. SUPERVISOR RUSSELL: No. No. The 60% would require that it is the crop produced on site in its unprocessed state. The 40% would allow you to manufacture some of those crops into food products and wine. We are addressing a winery issues, we are going to, you know, we need to revisit that in its entirety and we will hopefully have legislation in the near future addressing September 9, 2008 Page 92 Minutes Southold Town Board Meeting those needs. MS. MEYER: And that would be considered a separate.. SUPERVISOR RUSSELL: Mmmhmm. COUNCILMAN ORLANDO: Unless you are going to grow potatoes and make potato vodka. MS. MEYER: Well, I jut noticed because alcoholic beverages were included in the… SUPERVISOR RUSSELL: That is the state ag and markets law. It is ag and markets law. Whiskey is a crop. MS. MEYER: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Closing Statements Supervisor Russell SUPERVISOR RUSSELL: I would like to now invite the community to come up and address the Town Board on any issue? Ruth Needham, Greenport RUTH NEEDHAM: My name is Ruth Needham, I live on Island View Lane in Greenport. We have a little beach, bordered on both sides of houses that have bulkheads along the beach, so they are not affected by the beach. All of a sudden, there is a sign up there ‘no launching boats’ and they put a blockade across. You can’t back a trailer down onto the beach. For 33 years since we have owned our house, my husband has launched and pulled his boat in on this little beach and no damage. The beach is the same and it is not affecting properties on either side because of the bulkheads on their property. COUNCILMAN WICKHAM: Excuse me, I didn’t catch the location? Where is this? MS. NEEDHAM: Island View Land and Bayshore Road in Greenport. COUNCILMAN WICKHAM: And who put the block up? MS. NEEDHAM: I don’t know, all of a sudden it is up and there is a sign, no boat launching. September 9, 2008 Page 93 Minutes Southold Town Board Meeting COUNCILMAN ORLANDO: Did you ask your neighbors? Maybe they put it up? SUPERVISOR RUSSELL: I would ask you… MS. NEEDHAM: I went over to the Highway Department on Friday and they said Trustees hadn’t been… SUPERVISOR RUSSELL: I would ask you to call my office Thursday and we will go out and we will take a look at it with DPW to figure out what the, you know, what the origins of that is. COUNCILMAN KRUPSKI: Is it a town road ending or is a private road ending? SUPERVISOR RUSSELL: It is, I believe, town. MS. NEEDHAM: It is a town road. COUNCILMAN KRUPSKI: Then they can’t be blocked. SUPERVISOR RUSSELL: We’ll take a look at it. I will be out tomorrow but please call me Thursday. We will go out with, Jim McMahon will be happy to go out with me. We will take a look at it. Okay? MS. NEEDHAM: Very good. Thank you. SUPERVISOR RUSSELL: Pat? Patricia Moore, Esq. PATRICIA MOORE: I would like to address resolution 842, it was appointing Russell Ackroyd to maintenance mechanic III, I guess that issue was tabled. I was quite surprised…. SUPERVISOR RUSSELL: It was adopted. MS. MOORE: Oh, it… TOWN ATTORNEY FINNEGAN: It was tabled 8/26. COUNCILMAN WICKHAM: It was tabled at our last meeting. MS. MOORE: He heard the same thing I heard, which was it was tabled. So I don’t think he understands that it was adopted. So I am very glad that you appointed him because I think that is, this particular young man is extremely talented but really all your maintenance mechanic III position, they save the town a tremendous amount of money… SUPERVISOR RUSSELL: I know. MS. MOORE: Because they are constantly working, building, doing things for the town. September 9, 2008 Page 94 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Look at this room. A good example. MS. MOORE: Yes, this courtroom is a prime example. So I am thrilled. I am going to go home and call him and say, Russell, you got the job. So I am very happy to hear. COUNCILMAN ORLANDO: We have the rec center to finish up inside, we have Peconic school that we acquired, we want to finish up. MS. MOORE: I think you need an army of these guys because you would save the town an awful lot of money. COUNCILMAN ORLANDO: That is why we hired him. He is an asset to the town. We welcome him. MS. MOORE: I am really glad. Thank you. Unity Baptist Church LEROY HEYLIGER: Good evening, I am Leroy Heyliger, a resident of Mattituck. Also a member of the Unity Baptist Church. My pastor is the Reverend Marvin Dozier, he is not able to be here this evening so he sent me as his representative of our Lions organization, Long Island th organizing network. I want to address this article that was in the, article dated August 29 in the Suffolk Times, appropriately headlined ‘Help is on the way, maybe’. The reporter Erin Schultz recorded Town Hall notes from the last work session, under the heading of speeding on Factory Avenue in Mattituck where our church and residents have requested from the Town Board to look into reducing the speed limit from 35 to 20 mph on Factory Avenue, as stated. Councilman Krupski is quoted as replying ‘The problem with speeding isn’t the speed limit, it is lack of speed enforcement’ with this we heartily agree. However, he goes on to say it is a ‘problem on every side street.’ To equate Factory Avenue with the designation of a side street is a misnomer. And that based on several factors which I would the Board to consider. Number one, Unity Baptist Church has been there since 1931 and has no sign designated as a church of worship in that area. Now this is based on the Mattituck Watchman dated September 15, 1960 on page 50. I have a copy of that here. Number two, when the railroad bridge spanning Route 25 in Laurel was being elevated due to a fatal accident, truck traffic both east and west was diverted to Aldrich Lane on to Sound Avenue, then down to Factory Avenue and back to Route 25. The signs still are in place today and truckers still use this route to get to the Mattituck shopping plaza. Number three, Mattituck shopping plaza, with its various venues Waldbaum’s, Rite Aid pharmacy, a movie theatre, various restaurants and stores, also two drive-in banks have made Factory Avenue a very busy thoroughfare, not a side street. Number four, the construction of the Mattituck Cottages community of 22 homes have increased pedestrian traffic, some with baby carriages and no sidewalks to safely negotiate on this busy so-called side street. And to the extent that dodging cars has become common place. Number five, other sidestreets in Mattituck have much lower speed limits, speed limit signs. Such as Locust Avenue off Route 25 into Suffolk Avenue. Both have signs designated 30 mph. There are no homes on Locust Avenue, only vineyards and the Peconic trust property. In lieu of this, we are asking at least a sign of 25 mph. We, the church group and residents of Factory Avenue, sincerely hope that this Town Board would September 9, 2008 Page 95 Minutes Southold Town Board Meeting review these facts and consider our request in this matter and demonstrate that you truly are your brothers and sisters keeper. I thank you. COUNCILMAN ORLANDO: The original request was 20. SUPERVISOR RUSSELL: It was 20. What we did was, just so you know, I met with you several times and we have a laundry list of things we are going to accomplish there. Some of them do take time. I brought your request for the reduction of speed to the Town Board, Albert Krupski along with the rest of us were all supportive of that. We, as protocol, refer it to the Transportation Commission of the Town. They will make a recommendation back to us. If they recommend 20 or 25, whatever they deem an appropriate reduced speed limit, we will notice that as a public hearing and then vote for that. With regard to the church indications, the signs, we have already reached out to the state to ask, I need an easement from the state to locate one on Route 25 as I explained to you. We have already reached out to them for that, the Highway Superintendent is going to be re-painting along with DPW, the pedestrian crossing there. We are putting pedestrian notice signs up on both sides of that crossing and with the sidewalks, we are getting there. We are looking to the county for money to try to get a useable sidewalk and we need an MTA easement to get over that railroad track. But there is a lot of issues that have been neglected for a lot of years but the whole Board supports our efforts in getting them addressed. MR. HEYLIGER: Thank you. COUNCILMAN ORLANDO: But before you leave, you are going to have to realize that if the trucks still come down Route 25, they are still going to have to turn on Factory to access the back of Waldbaum’s. That is the one access route in the back, unfortunately. They are still going to have to come down there. MR. HEYLIGER: That is another probably that we are having. The supervisor knows. SUPERVISOR RUSSELL: I have talked to the owner of that shopping center, Alan Cardinale, who has been more than supportive in trying to help me resolve some of those issues. They are going to relocate and screen the dumpster that is behind one of the tenants there, they are working on all of that. Trying to get a better access solution. COUNCILMAN ORLANDO: And I drive down that street a lot and after they came before the Board, I was driving down it myself and maybe I just drive slow but it is not the smoothest road in the world and with that railroad track, it is pretty aggressive. I couldn’t go more than 30 something miles an hour before you got to that railroad track, you had to slow down. Unless people fly over that like the Dukes of Hazard. But I cherish my car, as expensive as cars are these days, I go slow over these things. So I don’t know how they can speed on that. MR. HEYLIGER: They do. COUNCILMAN ORLANDO: Apparently they do. September 9, 2008 Page 96 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: They do. And Albert is right…. COUNCILMAN KRUPSKI: No, I don’t doubt that they do. SUPERVISOR RUSSELL: And Albert is right, there is an enforcement issue throughout the whole town, every side street off of the Main Road and the North Road, speeding is a real issue out here and we are certainly trying to get a handle on it and I think reducing speed limits is one way to go, certainly there. MR. HEYLIGER: Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else…yes, Peter. Peter Terranova, Peconic PETER TERRANOVA: Nice to see you all again. I promise I will be as brief as possible this evening. I am sure we have all heard the expression, a mind can only absorb what the butt can endure. But I do notice that your chairs are a lot more comfortable than ours. At last meeting, I just want to tell you that the bluefish read this full environmental assessment form that there was no fishing opportunities at the Goldsmith inlet jetty, so they were in a couple of nights ago. I caught a couple of real big blues right off the jetty, it was really nice. Anyway, for tonight, over the past month and specifically the last two Board public meetings I pointed out and documented the many flaws and inaccuracies in the assessment of jetty shortening alternatives study and in the Town Board resolution 2008-692 which was based on that aforementioned study. Further as rd a result of the meeting on September 3 between Supervisor Russell, which we thank you for, and residents of the Peconic Sound Shores Association, we have further documented in a letter of September 5, 2008; key points that Supervisor Russell agreed to have addressed in the SEQRA process. We thank you for the meeting, Supervisor. Since then I have come into possession of the town’s application for state assistant payments from the state environmental protection fund. That is this document here. On page 3, under project description, the document makes reference to the Town’s LWRP section 2 Goldsmiths inlet to Kenney’s beach inventory and analysis summary and conclusions part 4 areas of special concern. In it a document states the primary issues of concern here are erosion and environmental protection. The Town’s main focus here it goes on to say, is to identify the degree to which man made structures located updrift of this stretch of shoreline are aggravating the naturally occurring rate of erosion. It goes on to say once that is determined with some degree of certainty the Town is committed to finding reasonable and feasible ways of redressing the existing problem and to find constructive ways to prevent further erosion of the same magnitude. Now the study, which is the assessment of jetty shortening alternatives, that study undertaken in this regard states on page 26 that most recent measured shorelines have reversed the trend of erosion and now show accretion. The same study which the Town based its resolution on using the genesis program modeling exercise with questionable assumptions, predict continued erosions in various degrees for all of the alternatives that they model. So I ask, where is the sum degree of certainty? Because certainly it wasn’t reflected in the study that the Town made its resolution on. And where are the constructive ways to prevent further erosion? The Town’s plan is destructive as it proposes to remove the protective dunes that exist west of the jetty for a speculative end result. Further on page 3 under project objectives in this document, it says one, shortening of the jetty by 33%, 120 feet. It goes September 9, 2008 Page 97 Minutes Southold Town Board Meeting on to say the Town of Southold is attempting to address the problem of chronic shoreline erosion in the vicinity of Goldsmith inlet and Kenney’s beach. Again, referring to the study, there is no impact on shoreline erosion at Kenney’s beach under any scenario, including the 50% shortening of the jetty because the jetty shatter does not extend to Kenney’s beach and the literal drift of sediment has not been impeded by the jetty for some 32 years. On page 3 item 2, it says under project objectives, sand bypassing of the existing jetty belaying material. Keeping the inlet open, I have to say, is paramount to maintaining the water quality of the inlet and the wetland habitat adjacent to it. Please note, that keeping the inlet open is only part of the solution to the water quality and habitat of Goldsmiths pond, which is rapidly filling up with sediment. The Town’s proposal does not address the issue of Goldsmiths pond and I could easily make the argument that the Town’s plan will make the situation back in Goldsmith’s pond even worse. Under item 3 of project objectives, it says construction of a secondary dune system with beach grass planting. And the construction of this dune system is designed to provide additional shoreline protection for the properties west of the jetty. We already have a dune system which the Town plan, as currently formulated, will destroy. And can somebody tell me how reducing the beachfront depth by 120 feet will provide additional shoreline protection? According to the Department of State, section 3 goes on to say the original intent of the jetty was to assist the county in the construction of a county marina at the inlet. This is a blatantly false statement and must be retracted. And this, I want tonight to add, is a perfect example of how mistruth and half truths make their way into the public record. Under component task two and three in this document, your application refers to state owned land west of the jetty. What state owned land are you referring to? Last I checked, the land west of the town beach is private property. On page 5 of this document under local funding match, your application states that the matching funds in the amount of $400,000 will come from either bonds or the land preservation fund. So let me get this straight. The Town will either issue bonds, whose principal and interest comes from the taxpayers, or we will take money from the land preservation funds in order to remove protective beach front property and return it to the sea. The Dutch would love this plan. Now, I wish to address one other document which is the agreement or contract between the New York State Department of State and Southold Town. Under section 4 indemnification, it states the contractor Southold Town shall be solely responsible and answerable in damages for any and all accidents and or injuries to persons or property arising out of related or related to the services to be rendered by the contractor pursuant to this agreement. My question is, has the Town set up a reserve to compensate Peconic Shores Association property owners for property damage or higher insurance rates or no insurance at all? Under appendix A-1 paragraph E, it states, the contractor has demonstrated his ability to finance its share of the project, $400,000 and has agreed to fund its portion of the cost of the project. Is this so? Have the bonds been issued? Have you transferred the money from the land preservation fund? As I reiterated during our meeting with Supervisor Russell on September 3, 2008, the residents of Peconic Sound Shores association are very interested and supportive of shoreline erosion control and the ecological health of Goldsmiths pond and Autumn lake in a constructive manner. Let’s take the sand and sediment from where you don’t want it, Goldsmiths pond, and move it hydraulically to where you want it, the beachfront to the east and position the inlets mouth in accordance with the recommendations of the Army Corps of Engineers. I believe there is upwards of 100,000 cubic yards of available dredge material for this purpose. It won’t be easy, I know. What to do? Incorporating all of these issues into the SEQRA process is not enough. Scarce resources are September 9, 2008 Page 98 Minutes Southold Town Board Meeting being expended by the Town of Southold on a plan that is a non-starter. We need to start over. Begin by rescinding the resolution and notifying the State that serious flaws have been discovered in the decision making process to date. Most importantly, you need to get the DEC down here to buy into a plan that is a win-win situation for all affected citizens and taxpayers. Now we have resisted the temptation to provide the State and all the regulatory agencies with the information that we have shared with the Town Board up to this point. Rather, in the spirit of cooperation we prefer the Town, as the lead agency, to take the lead. We stand ready to provide valuable and thoughtful guidance. Thank you. As always, I will provide a copy to the Town Clerk. SUPERVISOR RUSSELL: Thank you. Just as a quick point of information, we actually had, Mr. Voorhees is doing the SEQRA study on that, we do intend to do a full environmental impact statement. You had asked me for that at the meeting. We do intend on doing that along with a full public scoping session. We actually are going to set up a meeting in the very near future, an evening meeting, to bring back the engineers to have a new look or an updated look at the plan and discussing a maybe more holistic approach to that whole area right down to Kenney’s. I will certainly let you know when that meeting is going to be. We are trying to get a hold of them. MR. TERRANOVA: Good. I do really appreciate that and if we can just correct, you know, some of the things that have happened in the past. I was going through one of these documents and I believe included in it was that all interested parties were going to be made aware of what was going on and that didn’t happen. SUPERVISOR RUSSELL: That will be part of the EIS. That would be the public scoping. MR. TERRANOVA: So before we start spending money again on projects, we need to get everybody to buy into a plan, including the DEC. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Linda? Linda Goldsmith, East Marion MS. GOLDSMITH: I just have a couple of questions. I wanted to ask you about the Laurel Lake preserve. Has the town always owned that? SUPERVISOR RUSSELL: The town owns part of it. The Laurel Lake preserve is an amalgam of ownership from the state, Suffolk County Water Authority, Suffolk county and Southold Town. It is a collective, regional park. We actually have a management agreement with those jurisdictions, if I am not mistaken. But we don’t own the underlying fee to all of it. It is an inter- locking patchwork of ownerships. MS. GOLDSMITH: Why are all these buildings being removed now? Is there a problem with them? SUPERVISOR RUSSELL: There is no functional value to them, there is no, they were a part of camp Malloy mostly. They are derelict cement block buildings that used to serve as latrines etc. September 9, 2008 Page 99 Minutes Southold Town Board Meeting Part of the acquisition of that property was to keep it pristine and return parts of it to its pristine nature. MS. GOLDSMITH: When was that acquired? SUPERVISOR RUSSELL: That particular, camp Malloy? TOWN ATTORNEY FINNEGAN: Last year, I think and that project is for the part that the Town owns which I think… MS. GOLDSMITH: So you did acquire property that needed clean up? SUPERVISOR RUSSELL: Yes. MS. GOLDSMITH: That is not an unheard of thing. SUPERVISOR RUSSELL: No. MS. GOLDSMITH: Glad to hear that. I know another piece that needs clean up that you might want to get sometime. COUNCILMAN ORLANDO: Boy, she got us on that one. MS. GOLDSMITH: The other thing is you may, Mr. Russell, have a misconception about the East Marion park. That is not a park district park. SUPERVISOR RUSSELL: I know. But it is a commitment though. It is a commitment based on… MS. GOLDSMITH: Just a minute. It is a commitment because, I would like to very briefly, tell you why this happened. The lease came about because over the years when the children of Greenport, East Marion, Orient, whomever, you know, Southold, Mattituck, Laurel, played soccer and little league, the only fields available east of Greenport where at the school. Whereas the town, I am not going to say provided fields, but had fields in Laurel, in Peconic and you know in other places, so we had asked the town over the years if they could help us because it was expensive to keep up our little league fields up and the school was shouldering most of that burden. That is why the lease came up there, so that a little league field really, could be built and a playground. I, again, want to reiterate because Mr. Orlando is coming to a meeting tomorrow night and I don’t want him under any misconceptions either, that this is a town park. It is not an Orient, East Marion park, this is a Southold Town park. Just as some of the other parks in Southold. It is not a park district park. SUPERVISOR RUSSELL: We have a lease arrangement with you. MS. GOLDSMITH: Ten years. September 9, 2008 Page 100 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yes, a ten year lease arrangement. My, it wasn’t meant, certainly I support everything, I have met with you on this, what everything we are doing out there. But we started, I meant from a more general perspective… MS. GOLDSMITH: I understand. SUPERVISOR RUSSELL: We were giving money out to the Village a few years ago for Mitchell, and it is a great park, too but it just sort of gets precipitous with all of these, now we are brought into a battle in Mattituck where I don’t think any Board member wants to be. Which was that lighting thing. And I would like to get out of that business as soon as possible. As soon as we meet our commitments. MS. GOLDSMITH: The other question I have is, because of the prices of real estate are somewhat stagnant or even getting lower, are the prices of development rights purchasing going down at all? COUNCILMAN KRUPSKI: As liaison to the Land Preservation Committee, they get appraisals on the parcels and they are based on current real estate values. COUNCILMAN ORLANDO: So yes. COUNCILMAN KRUPSKI: They rise and fall with the current real estate value. SUPERVISOR RUSSELL: Just as a caution, they are not as precipitous as the residential market. Vacant land is scarce, the demand for vacant land is still high. It is somewhat inoculated from the real estate goings on that are out in the world. It is a much slower moving market than residential sales. COUNCILMAN WICKHAM: And there is a lag effect. MS. GOLDSMITH: I know. SUPERVISOR RUSSELL: There is a lag. COUNCILMAN WICKHAM: And the fact tonight that we took up several and it seems to me that those figures are more or less constant now. They are not going up but they also are not coming down. SUPERVISOR RUSSELL: Right, Tom. COUNCILMAN KRUPSKI: We actually had an appraiser come in and try to, a couple of months ago, and try to explain to the Land Preservation Committee how they went about their appraisal work. MS. GOLDSMITH: I understand. I know that vacant land, basically sometimes when you are September 9, 2008 Page 101 Minutes Southold Town Board Meeting buying a house now you just have to worry about where the property, the location and the property. It doesn’t matter about the house because it would be the same price with a house on it or not. And that pretty much seems to me seems to be happening. The other question I have is, has the Planning Board filled their vacancy? It was advertised several weeks ago. SUPERVISOR RUSSELL: No. Not yet. MS. GOLDSMITH: Are you in the process of doing that? SUPERVISOR RUSSELL: That is something the Board will have to take up in the near future. It happens to be budget season right now, so we will work that as a decision as we are working on the budget. MS. GOLDSMITH: Yeah, but you advertised. SUPERVISOR RUSSELL: We advertised. MS. GOLDSMITH: Okay. The other question I have is, if someone is on either the Planning Board or the Zoning Board of Appeals, is it appropriate for them to be on some other Town committees? Such as, I know and I will use his name, Mr. Townsend used to be a stakeholder and he resigned from that because I believe someone who comes to the meetings a great deal thought it was inappropriate. Does the Board have any feelings on that? COUNCILMAN WICKHAM: I don’t personally feel that there is a conflict. I think if a member of one of those Boards wished to be active as a hamlet stakeholder, there is no reason he or she couldn’t be. It is up to the person. MS. GOLDSMITH: Okay. COUNCILMAN WICKHAM: There is also a question of time commitments. There is just so many hours and so many days that you want to go to meetings at night. That is my personal view. MS. GOLDSMITH: Okay. COUNCILMAN ORLANDO: The past Supervisor passed a law that you cannot be involved in a political committee and be on the Zoning Board or Planning Board. MS. GOLDSMITH: Right and I guess you know, I don’t, I assume that the stakeholders was not considered a political committee or is… COUNCILMAN WICKHAM: That is right. MS. GOLDSMITH: I don’t know, the Ethics Committee or whatever. September 9, 2008 Page 102 Minutes Southold Town Board Meeting TOWN ATTORNEY FINNEGAN: There is a process for recusal, too, if there was something that the stakeholders took up or contacted somebody about and then a project came before that Board, the Planning Board for example, then that member could recuse themselves. MS. GOLDSMITH: Okay. And my last question is, it is a question I asked several months ago, what is going on with the demo permit for Oki-do? I know you were at the meeting, we had spoken about that. I am wondering if the demolition permit for the part of the building which was deemed unsafe has been issued, if so, by the county, by the town and if so, who is going to oversee the asbestos lead content in the building and who is going to oversee the vermin that will set free? TOWN ATTORNEY FINNEGAN: We were, they are waiting on the DEC and I am not aware that they have received their DEC permit. I did speak with the building inspector about that issue and I wrote, when I wrote to Oki-do’s counsel and asked about the DEC, I said that when they come in for their demolition permit from building department, they will have to subscribe to a, I believe they called it a hazardous material survey, which would address your issue about the air quality. MS. GOLDSMITH: When it is demolished, someone will be overseeing that, is that correct? COUNCILMAN ORLANDO: The county regulatory, the county should be there for the demolition. Also the DEC should be there for any subsurface excavation or demolition as well. MS. GOLDSMITH: Okay. Because unfortunately the DEC found two buried fuel tanks when there really were like six. COUNCILMAN ORLANDO: They were removed, though. I believe. MS. GOLDSMITH: Right. But that doesn’t you know, gladden my heart to know that they missed four. Okay. Thank you very much. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? MS. GOLDSMITH: I am sorry, the last thing I was going to ask, is there any property presently on the table in the hamlet of Oysterponds or East Marion up for preservation? Is there any? SUPERVISOR RUSSELL: Yes. There has been a discussion on one piece of property. MS. GOLDSMITH: Is that in Orient? SUPERVISOR RUSSELL: No, that is in East Marion. MS. GOLDSMITH: Okay. As I looked at the information I had received from Melissa Spiro, I see that there are only two preserved parcels in East Marion and both were, other than development set asides and things like that, and both of those were in conjunction with the September 9, 2008 Page 103 Minutes Southold Town Board Meeting county. So I just want to make sure you are not, you are buying up some in East Marion, too. Thank you. SUPERVISOR RUSSELL: Okay. Would anybody else like to address the Town Board? John Copertino, East Marion JOHN COPERTINO: I will make this brief. John Copertino. I have one question. Is there a memorial for 9/11 anywhere in the town? An official town memorial? SUPERVISOR RUSSELL: We, I know that we will be flying the flags at half mast. We have not discussed organizing a formal memorial. MR. COPERTINO: First of all, I would like to, ladies and gentlemen of the Town Board as you near your celebration of your first term of office in the town, I would like to thank you all for your staunch stand for preservation and your fight against over development in our town. You are doing a great job. I want to especially thank Mr. Russell for your resistance against the Cross Sound ferry expansion, which if allowed would be devastating to the north fork in general and East Marion, as you know, and East Marion in particular. Thanks again and keep up the good fight. We must not allow our roads to become a bypass route for I-95 of Connecticut because that is exactly what is planned you know, with all their developments of a Six Flaggs and a Nascar track and so forth. This is all business but I like to keep it right in your face. I would like you always to be aware of it. It is very important to us out in East Marion. It seems, this is the second and last subject, it seems as though the news media and many US citizens have forgotten about 9/11. You never hear about it and in two days our flags will be lowered to commemorate the tragic, unprovoked attack on this great country. We all, all of us, will never nor should we forget this uncomprehensive attack on the innocent. The seeds of devastation will be permanently carved in our memories, all our memories, forever. We all pray we will never see anything as horrendous as 9/11 again. There are several families and friends, a couple of them were supposed to be here tonight, the victims of 9/11 that live in our Town of Southold. You may or may not be aware of that but there are several families in there that have lost loved ones in 9/11. I don’t think it is too late for us to put up a plaque, a memorial, some type of a symbol to honor the memory of these people, so they haven’t died in vain and also the heroic people that attempted to save them that also died in vain. I am sure that all of us extend our sympathies to them and share their sorrow. My question to this council of town leaders is, shouldn’t we honor the victims and heroes of 9/11 with a memorial of some type. Again, a plaque, an inscribed marker or any other symbol that will be a suitable reminder that these victims once lived and they will not be forgotten. How about it? COUNCILMAN ORLANDO: Well, John, the committee that put up the osprey in Greenport did a quasi memorial to the 9/11 victims and the eye beam that the osprey stand is from 9/11. MR. COPERTINO: Yeah, I personally would like to see something at the Town Hall here, outside of the Town Hall, a bronze plaque. It seems as though, maybe it is a defensive mechanism, you want to forget tragedies. The people shouldn’t be forgotten, the tragedy should always be remembered because it may happen again, we hope not but just to forget the people and that event to me, it just doesn’t go over too well with me. I wish the news media would September 9, 2008 Page 104 Minutes Southold Town Board Meeting show every night, that tragedy of the towers collapsing. It would give us more appreciation of what we have and what this government has done to secure us from further attacks. I know it is a big change from what has been going on here tonight but to me it is very important thing and we tend to forget the real important things. You know, everything that was said here tonight was very important, it is important to a small group, a larger group, a town but what is more important than the people that lost their lives, pictures of people jumping from the building. It is always with me and I am sure it is with many of the people, so I would appreciate it if you ever consider memorializing them in some way. The firefighters that you might have lost, I think you did lose a firefighter that lived out here. You know? Just please consider it. Don’t drop it. You know, keep it going. What would it cost, you know, to put a plaque up? It would show that they haven’t been forgotten. That these people have not been forgotten. That is all I have. Thank you. COUNCILMAN ORLANDO: Well, John, we won’t forget. And I won’t forget it. I was down there after the third day with my company. I worked there for about two weeks straight and then worked intermittently, so this visions are in my mind forever. I was there when the stopped the workers when they took out a body with the flag, so those things are just never forgotten. MR. COPERTINO: I will never forget it. You know, one of our members of the EMCA was a battalion chief, who lost literally hundreds of people that worked for him in the 30 some odd years. I won’t mention his name but 38 years that he worked in New York city, he knew all the firefighters. He lost hundreds, literally hundreds of the firemen that was lost there were friends or workers of his. This is something that should never be forgotten. It should never be forgotten because it could happen again and people should never be forgotten. We have to memorialize it some way, our town of 20,000 people could even raise the money themselves, whatever it cost. How much could it cost? COUNCILMAN ORLANDO: And I never forget the hundreds of people that came to volunteer down there. Rice A Roni came from California, they set up a Rice A Roni truck and they served Rice A Roni around the clock, there was McDonalds there around the clock. All these people from Louisiana came up and cooked on the streets for people, a dog crew came from France, volunteered to come down and look for victims. There was hundreds of people that came from all over. MR. COPERTINO: Fire departments from Oklahoma, there were engine companies. Robert DeNiro served all the food down there. He shipped food. COUNCILMAN ORLANDO: He was down there, I saw him. Al Pacino. You know, Al Pacino is really small with grey hair. MR. COPERTINO: I want to bring it up, I want people to remember it. I never want that forgotten. You know? Never forget that. Anybody that has been in war or even has a close attachment to the tragedy of what happened. COUNCILMAN ORLANDO: With the accessory buildings around it, eye beams penetrated September 9, 2008 Page 105 Minutes Southold Town Board Meeting them, still sitting in them for weeks and weeks. A site you don’t forget. MR. COPERTINO: Yeah. Let’s commemorate them. You know, it isn’t too late. It’s six years? Seven years? Still isn’t too late to commemorate them. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? (No response) VII. Motion To: Adjourn Town Board Meeting COMMENTS - Current Meeting: RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 10:37 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell