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HomeMy WebLinkAboutTB-09/23/2008 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING MINUTES September 23, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, September 23, 2008 at the Meeting Hall, 53095 Main Road, Southold, NY. Supervisor Russell opened the meeting at 4:30 PM with the Pledge of Allegiance to the Flag. Call to Order 4:30 PM Meeting called to order on September 23, 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. Town Clerk August 2008 2. Judge Bruer August 2008 3. Board of Trustees August 2008 September 23, 2008 Page 2 Minutes Southold Town Board Meeting II. Public Notices 1. Liquor License Renewals with NYS Liquor Authority Lenz Winery, Main Rd. (Route 25), Peconic NY 11948 Rinconcito Hispano Restaurant, Unit 7, Sterlington Commons, Greenport 2. Suffolk County Dept. of Planning Notices of Enactment by Other Towns Town of Riverhead: Special Permit Use Requirements Non-Conforming Building and Uses III. Communications IV. Discussion 1. 9:00 A.M. - John Sepenoski Follow up on two county parcels 2. 9:30 A.M.- Jamie Richter - Change order for FI pump out station upgrade - V. Baras and court house 3. 9:45 A.M. - Jim McMahon Bucket Truck 4. 10:00 A.M. - Neb Brashich & Steve Normandin (RBA Group) “North Fork Trail Scenic Byway - Inventory, Assessment and Conceptual Design” 5. 10:30 A.M. - Ken Reeves Recreation issues: - Non-Residient fees for Recreation Programs - Advertising in Recreation Brochures - Possible rental of Recreation Center 6. 11:30 A.M. - John Cushman General Overview of Town Finances 7. 10:45 A.M. - Heather Lanza Design Standards 8. Emergency Preparedness September 23, 2008 Page 3 Minutes Southold Town Board Meeting per Councilman Orlando 9. Request from Custer Institute to Use Town-Owned Property 10. Housing Issue in Cutchogue Community (Praity Lane) 11. FT Temp Food Service Worker Pledge to the Flag Opening Statements Supervisor Russell SUPERVISOR RUSSELL: Can we all please rise and join in the Pledge of Allegiance to the Flag? Would anybody like to come up and address the Town Board on any issue as it appears on the agenda? Nancy Swastynowich NANCY SAWASTYNOWICZ: Resolution number 887, about the typewriters? SUPERVISOR RUSSELL: Yes. MS. SAWASTYNOWICZ: Could we maybe put them in the reuse it? People, I know I see them yard saleing and they always ask me if I know about old typewriters. SUPERVISOR RUSSELL: Yeah. We can put it up there. MS. SAWASTYNOWICZ: Okay. Thank you. SUPERVISOR RUSSELL: Sure. Would anybody else like to come up and address the Town Board on any item as it appears on the agenda? (No response) Hearing none, let’s move forward. Minutes Approval RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 01, 2008 ? Vote Record - Acceptance of Minutes for July 1, 2008 4:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland Voter ???????? ? Vincent Orlando Voter Accepted ?????????? Accepted as Amended Albert Krupski Jr. Voter ?? Tabled ???????? Thomas H. Wickham Seconder ???????? Louisa P. Evans Initiator ???????? Scott Russell Voter September 23, 2008 Page 4 Minutes Southold Town Board Meeting RESOLVEDaccepts the minutes dated that the Town Board of the Town of Southold hereby : Tuesday, July 15, 2008 ? Vote Record - Acceptance of Minutes for July 15, 2008 7:30 PM Yes/Aye No/Nay Abstain Absent ? ? ? ? William Ruland 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 2008-881 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit September 23, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby September 23, 2008. ? Vote Record - Resolution RES-2008-881 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Seconder ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Initiator ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-918 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Budget Work Session RESOLVEDsets the following dates, that the Town Board of the Town of Southold hereby times and places for Budget Work Session meetings: October 2, 2008 at 3:00 p.m. in the Southold Town Hall Conference Room October 9, 2008 at 3:00 p.m. in the Southold Town Annex Executive Conference Room September 23, 2008 Page 5 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-918 ? 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 2008-882 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Next Meeting October 7, 2008 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, October 7, 2008 at the Southold Town Hall, Southold, New York at 7:30 pm P. M.. ? Vote Record - Resolution RES-2008-882 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-852 Tabled 9/9/2008 7:30 PM CATEGORY: Budget Modification DEPARTMENT: Public Works DPW - Bucket Truck - Streetlights RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows: From: A.1990.4.100.100 Contingencies $6,200.00 Unallocated Contingencies To: A.5182.4.400.650 Street Lighting, C.S. $6,200.00 Vehicle Maintenance & Repairs September 23, 2008 Page 6 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-852 ? 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 2008-860 Tabled 9/9/2008 7:30 PM CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Agreement for Architectural Services Between V. Baras Architects PC and the Town of Southold in Connection with Assessing the Cost Feasibility of a Modular Design Development of a New Court Complex RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Agreement for Architectural Services between v. Baras Architects PC and the Town of Southold in connection with assessing the cost feasibility of a modular design development of a new Court complex , at a cost on a flat fee basis of $7,800.00, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-860 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2008-883 CATEGORY: Employment - Town DEPARTMENT: Police Dept Appoint Kimberly A. Garcia as a Matron for the Southold Town Police Department RESOLVEDappoints Kimberly A. that the Town Board of the Town of Southold hereby Garcia to the position of Matron for the Southold Town Police Department, effective September 24, 2008, at a rate of $14.67 per hour. September 23, 2008 Page 7 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-883 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? 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 2008-884 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification - Highway Fiscal Impact: The reason(s) for the above transfers are that the above line items were under-funded; the transfer to DB.5130.2.500.300 was for an asphalt roller rental. RESOLVEDmodifies the 2008 Highway that the Town Board of the Town of Southold hereby Fund Part Town budget as follows : To: DB.5110.4.100.200 General Repairs Contractual Expense Supplies & Materials Fuel/Lubricants $30,000.00 DB.5130.2.500.300 Machinery Equipment & Capital Outlay Other Equipment Contractor Equipment $12,480.00 DB.5130.2.500.400 Machinery Equipment & Capital Outlay Other Equipment Radio Equipment $ 28.75 DB.5140.4.100.100 Brush & Weeds/Miscellaneous Contractual Expenses Supplies & Materials Office Supplies $ 1,101.05 DB.5140.4.600.300 Brush & Weeds/Miscellaneous September 23, 2008 Page 8 Minutes Southold Town Board Meeting Contractual Expense Miscellaneous Travel $ 2,284.00 DB.5140.4.600.600 Brush & Weeds/Miscellaneous Contractual Expense Miscellaneous Dues & Subscriptions $ 234.86 TOTAL: $46,128.66 From : DB.5130.4.100.500 Machinery Contractual Expense Supplies & Materials Parts & Supplies $30,000.00 DB.5110.4.100.900 General Repairs Contractual Expense Supplies & Materials Resurfacing Projects $12,480.00 DB.5130.4.100.550 Machinery Contractual Expense Supplies & Materials Tires $ 28.75 DB.5140.4.100.125 Brush & Weeds/Miscellaneous Contractual Expense Supplies & Materials Miscellaneous Supplies $ 3,619.91 TOTAL: $46,128.66 ? Vote Record - Resolution RES-2008-884 ? 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 2008-885 CATEGORY: Misc. Public Hearing September 23, 2008 Page 9 Minutes Southold Town Board Meeting DEPARTMENT: Community Development 4:35 PM, Tuesday, October 21, 2008, Southold Town Hall, for a Public Hearing to Hear Citizens Views on Local Housing and Community Development Needs to be Met with Approximately $130,000 in Community Development Block Grant Funds in 2009 RESOLVED hereby sets 4:35 PM, Tuesday, that the Town Board of the Town of Southold October 21, 2008, Southold Town Hall, 53095 Main Road, Southold, New York 11971, as the time and place for a Public Hearing to hear citizens views on local housing and community development needs to be met with approximately $130,000 in Community Development Block Grant funds the town of Southold expects to receive in April 2009 and authorizes Town Clerk Elizabeth Neville to publish an “Announcement of Public Hearing Notice”. ? Vote Record - Resolution RES-2008-885 ? 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 2008-886 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall Recreation Program Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the following individuals for the fall 2008 recreation programs, all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2008 Instructor line A7020.4.500.420. Liza Coppola (open mic night for youth)....................................... $30/hour Barbara Sheryll (open mic night for youth)................................... $30/hour Jocelyn Suglia (Youth Basketball Program)…………………… $30/hour September 23, 2008 Page 10 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-886 ? 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 2008-887 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk No Bids Received - Typewriter WHEREAS the Town Clerk of the Town of Southold has advertised for bids for sale of a used Typewriter from the Accounting office, and WHEREAS no bids were received for the above surplus item, now therefor be it RESOLVEDauthorizes and directs that that the Town Board of the Town of Southold now the above surplus equipment be removed from the Town list of assets. ? Vote Record - Resolution RES-2008-887 ? 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 2008-888 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Assistant Town Attorneys, Lori M. Hulse and Kieran M. Corcoran, to Attend the 20Th Annual Supreme Court Review Seminar at Touro Law Center in Central Islip, New York RESOLVED grants permission to that the Town Board of the Town of Southold hereby th Assistant Town Attorneys, Lori M. Hulse and Kieran M. Corcoran, to attend the 20 Annual Supreme Court Review Seminar at Touro Law Center in Central Islip, New York, September 23, 2008 Page 11 Minutes Southold Town Board Meeting on October 17, 2008, as part of their annual licensing requirements. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-888 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-889 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grants Permission to the Mattituck-Cutchogue UFSD to Use Town Roads for Its Homecoming Day Parade in Mattituck on Saturday, September 27, 2009 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Mattituck-Cutchogue UFSD to use the following roads for its Homecoming Day Parade in Mattituck on Saturday, September 27, 2009 beginning at 9:00 AM: Mary’s Road, Pike Street, Westphalia Avenue, Sound Avenue and Love Lane, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley immediately upon notification of approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-889 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-890 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to The Knights of Columbus, Marian Council, No. 3852 to Use Roads for Its Right to September 23, 2008 Page 12 Minutes Southold Town Board Meeting Life March in Cutchogue, on Saturday, October 25, 2008 RESOLVEDgrants permission to the that the Town Board of the Town of Southold hereby Knights of Columbus, Marian Council, No. 3852 to use the following roads for its Right to Life March in Cutchogue, on Saturday, October 25, 2008 beginning at 11:00 AM: east on Main Road from Sacred Heart Church parking to Depot Lane, north on Depot to Sacred Heart Cemetery provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and contact Capt. Flatley upon receipt of the approval of this resolution to coordinate traffic control. Support is for this year only, as the Southold Town Board continues to evaluate the use of town roads. ? Vote Record - Resolution RES-2008-890 ? 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 2008-891 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Service Agreement Between the Town of Southold and Kinsley Power Systems, at a Cost Not to Exceed $2,795.00 Per Year, to be Automatically Renewed Annually Until Terminated with 30 Days Written Notice RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Service Agreement between the Town of Southold and Kinsley Power Systems, at a cost not to exceed $2,795.00 per year, to be automatically renewed annually until terminated with 30 days written notice , in connection with the generator at the Fishers Island Pump Station, subject to the approval of the Town Attorney. September 23, 2008 Page 13 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-891 ? 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 2008-892 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Nassau/Suffolk Town Clerk Association Meeting RESOLVED grants permission to that the Town Board of the Town of Southold hereby Deputy Town Clerk Bonnie Doroski to attend the Nassau/Suffolk Town Clerk Association meeting on Thursday, September 25, 2008 at Stony Brook, N.Y . Suffolk County Director of Personnel and Civil Service Alan Schneider will provide the educational program. Expenses for registration and travel to be a legal charge to the 2008 Town Clerk budget (meetings and seminars). ? Vote Record - Resolution RES-2008-892 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-893 CATEGORY: Bid Acceptance DEPARTMENT: Solid Waste Management District Bagging Unit Bid Acceptance RESOLVED accepts the bid of that the Town Board of the Town of Southold hereby Creative Packaging, Inc. to supply the Solid Waste Management District with a semi- automated bagging system at a cost of $68,592, all in accordance with the Town Attorney. September 23, 2008 Page 14 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-893 ? 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 2008-894 CATEGORY: Road Dedications DEPARTMENT: Town Attorney Authorizes and Directs the Long Island Power Authority (LIPA) to Energize the Street Lights (4) in the North Fork Industrial Park RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Long Island Power Authority (LIPA) to energize the street lights (4) in the North Fork Industrial Park , located on the north side of County Route 48, Cutchogue, New York. ? Vote Record - Resolution RES-2008-894 ? 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 2008-895 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Retain L.K. McLean Associates, P.C. to Perform Environmental Due Diligence Services in Connection with the Proposed Purchase of the Premises Known as SCTM #1000-113-12-14 (Adjacent to Strawberry Fields in Mattituck) RESOLVED authorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to retain L.K. McLean Associates, P.C. to perform environmental due diligence services in connection with the proposed purchase of the premises known as SCTM #1000-113-12-14 (adjacent to Strawberry Fields in Mattituck) , pursuant to their Proposal dated August 29, 2008, at a cost not to exceed $2,720.00, subject to September 23, 2008 Page 15 Minutes Southold Town Board Meeting the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-895 ? 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 2008-896 CATEGORY: Equipment DEPARTMENT: Town Attorney Authorizes the Fishers Island Community Center to Connect to the Fishers Island Sewer District at Fox Lane, Fishers Island, New York (Suffolk County Tax Map #1000-12-1-5.1), in Accordance with the Rules and Regulations Set Forth in Chapter 215 of the Southold Town Code WHEREAS , pursuant to Section 215 of the Southold Town Code, the Town Board, acting for and on behalf of the Fishers Island Sewer District, is authorized and empowered to regulate the disposal of wastewater and proper operations and maintenance of the public sewers, the sewage treatment facility, and other sewage works within the Fishers Island Sewer District (FISD); and WHEREAS , Fishers Island Community Center, as Lessee, and the Fishers Island Development Corp., as owner, wish to obtain a permit to connect to the public sewer located at Fox Lane, Building 98, Fishers Island, for the purpose of rehabilitation of the building presently owned by Fishers Island Development Corp., said lot located on the north side of Fox Lane, Fishers Island, New York (Suffolk County Tax Map #1000-12-1-5.1); now, therefore, be it RESOLVEDauthorizes the Fishers that the Town Board of the Town of Southold hereby Island Community Center to connect to the Fishers Island Sewer District at Fox Lane, Fishers Island, New York (Suffolk County Tax Map #1000-12-1-5.1), in accordance with the rules and regulations set forth in Chapter 215 of the Southold Town Code , all work having been completed in accordance with the plans prepared by Richard Strouse, P.E., L.S., of CME Associates, and approved by Michael A. Horne, P.E., on behalf of the Fishers Island Sewer District. September 23, 2008 Page 16 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-896 ? 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 2008-897 CATEGORY: Attend Seminar DEPARTMENT: Accounting Grant Permission to Barbara Rudder of the Accounting Department to Attend the Nassau/Suffolk Town Clerk Association Meeting on Thursday, September 25, 2008 at Stony Brook, N.Y. Suffolk County Director of Personnel and Civil Service Alan Schneider Will Provide the Educational Program. RESOLVED grants permission to that the Town Board of the Town of Southold hereby Barbara Rudder of the Accounting Department to attend the Nassau/Suffolk Town Clerk Association meeting on Thursday, September 25, 2008 at Stony Brook, N.Y . Suffolk County Director of Personnel and Civil Service Alan Schneider will provide the educational program. Expenses for registration and travel to be a legal charge to the 2008 Accounting budget (meetings and seminars). ? Vote Record - Resolution RES-2008-897 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-898 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney F.I. Sewer District Engineering Services WHEREAS , pursuant to Section 215 of the Southold Town Code, the Town Board, acting for and on behalf of the Fishers Island Sewer District, is authorized and empowered to regulate the September 23, 2008 Page 17 Minutes Southold Town Board Meeting disposal of wastewater and proper operations and maintenance of the public sewers, the sewage treatment facility, and other sewage works within the Fishers Island Sewer District (FISD); and WHEREAS , costs associated with a review of a new hook-up for the Fishers Island Sewer District for professional engineering services are approximately $1,500.00; now, therefore, be it RESOLVEDestablishes a fee of that the Town Board of the Town of Southold hereby $1,500.00 for each new sewer hook-up, effective September 1, 2008 . ? Vote Record - Resolution RES-2008-898 ? 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 2008-899 CATEGORY: Budget Modification DEPARTMENT: Recreation Budget Modification Request Fiscal Impact: Budget modification needed to cover printing and typesetting for the winter recreation brochure RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund Whole Town, as follows: FROM: A7020.4.100.550 Sports Equipment $1,200.00 TO: A.7020.4.400.300 Printing Brochure $1,200.00 ? Vote Record - Resolution RES-2008-899 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 September 23, 2008 Page 18 Minutes Southold Town Board Meeting 2008-900 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Electronic Content Management System Consultant RESOLVED accepts the proposal of that the Town Board of the Town of Southold hereby William Saffady, Information Management Specialist to supply the town with a needs assessment for an ECMS (Electronic Content Management System), in the amount of $16,920.00, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-900 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-901 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk American Security Shredding - Disposal of Obsolete Records According to NYS MU-1 Records Retention Schedule. RESOLVED accepts the proposal of that the Town Board of the Town of Southold hereby American Security Shredding, to supply the Town of Southold with shredding services for obsolete town records according to the New York State MU-1 Records Retention Schedule, in the amount of $2.15 per cubic foot box, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-901 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 September 23, 2008 Page 19 Minutes Southold Town Board Meeting 2008-902 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Modify the 2008 Fishers Island Ferry District Budget RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Fishers Island Ferry District budget as follows: FROM: SM.5710.1.000.000 Ferry Operations, P.S. $54,300.00 SM.9010.8.000.000 NYS Retirement $10,200.00 SM.9060.8.000.000 Medical Insurance 10,000.00 SM.9710.7.000.000 Serial Bond Interest 4,400.00 SM.9730.7.000.000 BAN Interest 1,600.00 TO: SM1310.4.000.000 Accounting Additional necessary accounting $1,000.00 SM5610.4.000.000 Airport Contract Extra to contract 8,000.00 SM5709.2.000.200 Repairs Terminals Windows and painting, office 8,000.00 SM5710.2.000.000 Repairs Ferries Life rafts and fenders 22,000.00 SM5710.2.000.100 Repairs-Mun Additional maint/supplies 500.00 SM5710.4.000.000 Ferry Ops. Other Higher credit card fees 10,000.00 SM5710.4.000.300 Fuel oil, vessels Unknown fuel costs 20,000.00 SM5710.4.000.500 Computer Ops Program updates 4,000.00 SM5710.4.000.700 UPS freight Unfunded line 7,000.00 ? Vote Record - Resolution RES-2008-902 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-903 CATEGORY: Employment - Town DEPARTMENT: Human Resource Center Appt. Gary Ostroski Temporary FT Food Service Wkr. September 23, 2008 Page 20 Minutes Southold Town Board Meeting RESOLVEDextends the hours of part- that the Town Board of the Town of Southold hereby time Food Service Worker Gary Ostroski to full-time for a 30 day period commencing September 24, 2008 and be it further RESOLVED extends the hourly rate pay that the Town Board of the Town of Southold hereby change to $13.7255 for Food Service Worker Gary Ostroski for an additional 30 day period commencing September 24, 2008. ? Vote Record - Resolution RES-2008-903 ? 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 2008-904 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA LL/Updating Community Preservation Project Plan RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in relation to Updating the Community Preservation Project law entitled Plan” is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated September 22, 2008, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. September 23, 2008 Page 21 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-904 ? 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 2008-905 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Public Works Fishers Island Wastewater Pump Station Change Order RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to sign Change Order #1 in connection with the Fishers Island Upgrade of the Wastewater Pump Station in the amount of $2,480, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-905 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-906 CATEGORY: Attend Seminar DEPARTMENT: Police Dept Grant Permission to Chief Carlisle E. Cochran, Jr. to Attend New York State Association of Chiefs of Police, Inc., Board of Governors Meeting in Schnectady, New York RESOLVED grants permission to Chief that the Town Board of the Town of Southold hereby Carlisle E. Cochran, Jr. to attend the New York State Association of Chiefs of Police, Inc., Board of Governors meeting in his newly elected capacity as a Board of Governor for Zone 1 on Friday, October 3, 2008 and Friday, December 5, 2008 in Schenectady, New York. All expenses for attendance will be paid for by the NYS Chiefs Association except gas and tolls, which will be a legal charge to the 2008 Police Training Budget Line - A.3120.4.600.200. September 23, 2008 Page 22 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-906 ? 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 2008-907 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk Grant Permission to Town Attorney Patricia A. Finnegan to Attend the Nassau/Suffolk Town Clerk Association Meeting on Thursday, September 25, 2008 at Stony Brook, N.Y . Suffolk County Director of Personnel and Civil Service Alan Schneider Will Provide the Educational Program RESOLVED grants permission to Town that the Town Board of the Town of Southold hereby Attorney Patricia A. Finnegan to attend the Nassau/Suffolk Town Clerk Association meeting on Thursday, September 25, 2008 at Stony Brook, N.Y .. Suffolk County Director of Personnel and Civil Service Alan Schneider will provide the educational program. Expenses for registration and travel to be a legal charge to the 2008 Town Attorney budget (meetings and seminars). ? Vote Record - Resolution RES-2008-907 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-908 CATEGORY: Public Service DEPARTMENT: Town Attorney Authorizes Councilman Vincent Orlando to Organize and Oversee a Drill to be Conducted in Connection with the Town’s Emergency Preparedness Plan RESOLVED authorizes Councilman that the Town Board of the Town of Southold hereby Vincent Orlando to organize and oversee a drill to be conducted in connection with the Town’s emergency preparedness plan . September 23, 2008 Page 23 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-908 ? 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 2008-909 CATEGORY: Property Usage DEPARTMENT: Town Attorney Approves, Upon the Recommendation of the Land Preservation Committee, the Use by the Custer Institute of Town-Owned Custer Preserve Property on August 7, 2009, in Connection with the 400Th Anniversary of the First Scientic Use of the Telescope. RESOLVEDapproves, upon the that the Town Board of the Town of Southold hereby recommendation of the Land Preservation Committee, the use by the Custer Institute of part of the Town-owned Custer Preserve property on August 7, 2009, in connection with their celebration commemorating the 400th Anniversary of the first scientific studies (by Galileo) using a telescope , for location of tents and port-a-potties limited to the 140’ by 200’ area south of Custer Institute, and subject to all other Town requirements for events. ? Vote Record - Resolution RES-2008-909 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-910 CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Execute Any and All Documents Necessary to Effectuate the Town’s Acquisition from the County of Suffolk of Property Known as SCTM #1000-77-2-14 (In Goose Creek Watershed RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby September 23, 2008 Page 24 Minutes Southold Town Board Meeting Scott A. Russell to execute any and all documents necessary to effectuate the Town’s acquisition from the County of Suffolk of property known as SCTM #1000-77-2-14 (in Goose Creek watershed) , to be used by the Town for drainage purposes, and to reimburse the County in an amount no greater than $940.06 for its costs in relation to the acquisition of such property. ? Vote Record - Resolution RES-2008-910 ? 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 2008-911 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH LL Design Standards Oct 23, 2008 4:40 Pm WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law In County, New York, on the 23rd day of September, 2008, a Local Law entitled, “ Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold” ; now therefore, be it RESOLVEDpublic hearing on the that the Town Board of the Town of Southold will hold a aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of October, 2008, at 4:40 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law In Relation to Design Standards and The proposed local law entitled, “ Regulations for Residential Site Plans in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2008 September 23, 2008 Page 25 Minutes Southold Town Board Meeting A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the September 23, 2008 Page 26 Minutes Southold Town Board Meeting character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee have reviewed the high density residential zoning, including Hamlet Density(HD) and Hamlet Business(HB), and have proposed amendments designed to assure that residential development in these zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote affordability, meet the needs of the existing population, and protect groundwater, open space and community character. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold § 280-137. Standards for residential site plans. The purpose of these residential site plan standards are to provide for a diversity of housing stock, promote affordability, meet the needs of the existing population and protect groundwater, open space and community character. A. The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance with the following: (1) The requirement that the applicant attend a presubmission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. (2) The applicable provisions of this chapter. (3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m. September 23, 2008 Page 27 Minutes Southold Town Board Meeting (4) Construction standards and specifications of the Town highway specifications, Chapter 161 of the Code of the Town of Southold. (5) The requirements of the existing resources and site analysis plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan criteria for standard subdivisions set forth in §§ 240-10A and B(2) of the Code of the Town of Southold, Subdivision of Land. (6) The provisions of Article XI, Cluster Development, of Chapter 240 of the Code of the Town of Southold, Subdivision of Land, as may shall be applied by the Planning Board in its discretion to residential site plans., where it determines that such cluster development shall benefit the Town and the natural and scenic qualities of open lands. In doing so, the Planning Board shall establish conditions on the ownership, use and maintenance of such open lands as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands and shall not permit the use of such lands for the fulfillment of the park and recreation requirement. The procedures set forth in Article XI, of Chapter 240, Subdivision of Land, shall govern except as modified herein. To the extent that this provision may be construed to be in conflict with Town Law § 278 regarding clustered development, Town Law § 274-a regarding site plan review, or Town Law § 267, 267-a, 267-b or 267-c regarding the authority of the Zoning Board of Appeals, this provision supersedes and amends such sections insofar as they place any limitation on the Planning Board's application of such clustered development to residential site plans or the requirement of the fulfillment of the park and recreation requirement. (7) Design requirements: (a) Open space 1. Open space set-aside required shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Attachment 6 Plans at the end of this chapter, in . 2. Open space, for the purpose of this chapter, shall mean contiguous areas of land meant for common use by the owners of units within a residential site plan and/or use by the general public. 3. Open space shall be vegetated with native, natural vegetation over most or all of it, with no more than 15% allowed to contain fertilizer and/or irrigation-dependent vegetation, except in the case September 23, 2008 Page 28 Minutes Southold Town Board Meeting of community gardens, which may occupy up to 20% of the open space. 4. Open Space shall remain open and free of any structures, except those associated with walking paths, and in the case of a community garden one shed no greater than 300 s.f.gross floor area for the purpose of storing garden supplies is allowed. 5. The location, use and designation of open space areas will be determined by the Planning Board using the ERSAP, and as set forth in and regulated by §240-10C. 6. For the purpose of these requirements, community gardens are areas of land where residents of the community are assigned a plot where they may grow flowers, fruits, vegetables, grains or other crops. 7. Drainage. Open space areas may be used for drainage only if designed so they are useable (for walking, picnics, etc.) a majority of the time except for a short period after an exceptionally heavy rainfall (e.g. shallow natural vegetated swales), or are set aside as non-disturbance areas for wildlife habitat (must be entirely vegetated with native species, and contain no structures). (b) (reserved) (c) Minimum setback 1. The setback from the property line to all structures shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter. (d) Minimum buffer 1. The buffer area shall be in accordance with the schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of this chapter (e) Accessory apartments 1. Accessory apartments are permitted in residential site plans by special exception from the Zoning Board of Appeals only as set forth in and regulated by §280-13B(13). September 23, 2008 Page 29 Minutes Southold Town Board Meeting 2. Accessory apartments are not permitted in two-family or multiple dwellings. (8) (7) Design considerations: (a) The location, arrangement, setbacks, size, design, and general site compatibility of buildings, structures, landscaping, lighting, and signs, in keeping with the character of the community; (b) The adequacy, safety and convenience of vehicular traffic access and circulation, including driveways, rights-of-way, curb cuts, intersections, pavement surfaces, traffic controls, and designated areas for access to public transportation; (c) The adequacy, safety and convenience of pedestrian and bicycle traffic and circulation, including sidewalks, walkways, and pedestrian/vehicle conflict points; (d) The sufficiency, convenience and appearance of off-street parking and loading areas, including visitor, employee and overflow parking, parking and storage for trailers, boats, and recreational vehicles, and the provision of alleyways; (e) The provision of and adequacy of emergency lanes, exits, tap streets, other safety zones, and the provision of fire hydrants to promote the public safety; and (f) The proximity of recreational facilities and open space. (g) Garages must be set back from the front façade of the building. Two- car garages should either have a separate door for each bay, or have the appearance of an individual door for each bay. B. SEQRA review. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617. [Added 8-2-2005 by L.L. No. 12-2005] C. Within 10 days after completion of the SEQRA review, the Planning Board shall forward the application to the Architectural Review Committee for review. The Architectural Review Committee shall make a written recommendation to the Planning Board on the site plan within 10 business days of receipt of the referral. If the Committee fails to make a recommendation within this time period, the project September 23, 2008 Page 30 Minutes Southold Town Board Meeting shall proceed to the Planning Board for consideration without Committee review. [Added 8-2-2005 by L.L. No. 12-2005] D. Preliminary hearing requirement. Prior to and in addition to the public hearing required by § 280-131H, the Planning Board shall hold a separate preliminary hearing on the application with notice provided pursuant to Chapter 55, Notice of Public Hearings. [Amended 8-2-2005 by L.L. No. 12-2005] E. Affordable housing requirement. Every new residential site plan involving the creation of five or more dwelling units shall comply with the requirements of § 240- 10B(2)(c) of the Code of the Town of Southold, Subdivision of Land, pertaining to the provision of affordable housing. The requirements applicable to lots within a subdivision in that subsection shall apply equally to dwelling units in affected residential site plans. F. Park and recreation requirement. The provisions of § 240-53 of the Code of the Town of Southold, Subdivision of Land, pertaining to the reservation of parkland in subdivisions, shall apply equally to residential site plans approved under this chapter, except the fee per lot therein shall herein be applicable to each dwelling unit. [Amended 8-2-2005 by L.L. No. 12-2005] G. Performance bond requirement. The provisions of Article IX, Bonds and Other Security, and Article X, Required Public Improvements; Inspections; Fees, of Chapter 240, Subdivision of Land, of the Code of the Town of Southold, shall apply equally to residential site plans approved under this chapter. Pursuant to Municipal Home Rule Law § 10, § 280-137B, C and D herein supersedes and amends New York State Town Law § 274-a regarding site plan review to the extent that the Planning Board is empowered to impose affordable housing, park and recreation and performance bond requirements in the residential site plan review process. [Amended 8-2-2005 by L.L. No. 12-2005] H. Phased development. The Planning Board shall permit the phased development of residential properties that meet all other applicable standards, but shall condition the approval of the development of any permitted phase upon the maintenance of the undeveloped phases in their undeveloped condition, and shall prohibit all clearing and site preparation on such undeveloped phases until such time as development is permitted. [Amended 8-2-2005 by L.L. No. 12-2005] I. Planning Board authority to vary requirements for setbacks, building length and separation and courts. [Amended 8-2-2005 by L.L. No. 12-2005] (1) The Planning Board shall have the authority to reduce or amend yard setback September 23, 2008 Page 31 Minutes Southold Town Board Meeting requirements for individual buildings in favor of a perimeter setback for entire groups of buildings, to require that setbacks from interior streets be varied, and to reduce or amend the requirements of §§ 280-107 and 280-108. In making these decisions, the Planning Board shall take into consideration the benefit to the applicant, as weighed against the detriment to the health, safety and welfare of the neighborhood or community. In making such determination, the Planning Board shall also consider: (a) Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Section 3 . Chapter 280 is further amended as follows: 280-4 Definitions BUFFER-- A naturally vegetated area along the boundaries of a subdivision, lot or parcel, designed to provide screening A new Attachment 6 is added to Chapter 280. 280 Attachment 6 Town of Southold Schedule for Open Space, Buffers and Setbacks for Residential Site Plans 2 Size of Open space set-Minimum Buffer (in feet) property aside (as a setback (in September 23, 2008 Page 32 Minutes Southold Town Board Meeting 1 (acres) percent of total feet) land area of project) <15 20 30 20 15-39 30 35 25 = 40 50 75 50 1 Perimeter setback from property line to all structures including driveways, patios & decks (includes the buffer area). Setback must be vegetated. Where open space is between the property line and the buildings, the buildings must be setback from the open space a minimum of 10’ as measured from the edge of structure to the nearest edge of open space. The setback is not included in the open space calculation. 2 The buffer is included in the minimum setback. The buffer begins at the property line and extends in towards the structures. The buffer is not included in open space calculations, except where open space occurs between the perimeter property line and structures. Section 4 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 5 . SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 6. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-911 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-912 September 23, 2008 Page 33 Minutes Southold Town Board Meeting CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH LL Limit Size of Dwellings 10/21/08 4:45 Pm WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law In County, New York, on the 23rd day of September, 2008, a Local Law entitled, “ Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold” ; now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of October, 2008, at 4:45 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law In Relation to Zoning Amendments to limit The proposed local law entitled, “ the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2008 A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding September 23, 2008 Page 34 Minutes Southold Town Board Meeting the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further deterioration of the Town’s natural resources and to restore the Town’s degraded natural resources back to their previous quality. 4. To preserve and promote a range of housing and business opportunities that supports a socio-economically diverse community. 5. To increase transportation efficiency and to create alternatives to automobile travel, while preserving the scenic and historic attributes of roads in the Town. The Town Board of the Town of Southold recognizes that the local community can absorb a finite amount of development in order to achieve the goals set forth above. The development that occurs will result in irreversible changes to the land and the community. The Town of Southold is engaged in a process for comprehensive planning for the hamlets located in the Town, and in 2005 adopted the Town of Southold “Hamlet Study”. The Hamlet Study represents a unique exercise in Southold’s long tradition of community planning as it was prepared by stakeholders from each hamlet representing a cross-section of the community. The primary goal of the Hamlet Study was to balance and accommodate an appropriate degree of growth in each hamlet. Since the adoption, the hamlet stakeholder process has been re-convened and the stakeholders are active in working with the Planning Board and staff to plan for the future of the hamlets. Presently, there are two applications for residential site plans before the Planning Board. These projects, if approved in their present form, would yield a significant change in the character of the hamlets in which they are proposed. The proposed project in Cutchogue contains the second-largest number of residential units proposed in a single development in the Town of Southold in recent memory. The impact of this development on the existing community and character of the hamlet is likely to be profound. The proposed project in Southold, while not as large in number of units, is large in scale and size of buildings. The Planning Department, faced with these applications, advised the Town Board that the current residential site plan regulations are inadequate to deal with the proposed developments. The current residential site plan regulations lack residential design standards and cluster requirements. The Town Board, Planning Board, Planning staff, and Code Committee have September 23, 2008 Page 35 Minutes Southold Town Board Meeting reviewed the high density residential zoning, including Hamlet Density(HD) and Hamlet Business(HB), and have proposed amendments designed to assure that residential development in these zones is consistent with the plans for the hamlet, is compatible in scale with the hamlet, and will comprehensively meet the long-range goals of the Town. These amendments intend to assure a diversity of housing stock, promote affordability, meet the needs of the existing population, and protect groundwater, open space and community character. Section 2 . CODE AMENDMENTS Chapter 280 of the Code of the Town of Southold is amended as follows: §280-137 A(7) Maximum amount of building area and size of buildings in the HB and (b) HD Zoning Districts 1. The maximum amount of total building area on a parcel shall be limited to the yield as determined by a yield plan multiplied by 1,600 s.f. (Yield shall be determined pursuant to §240-10B). The resulting maximum amount of building area may then be divided into structures. At least 50% of the total number of units must not be larger than 1,600 s.f.gross floor area (refer to Bulk Schedule for Residential Districts). The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. 2. Total building area for the purpose of this section is the gross floor area of all buildings, including dwellings, detached garages, and accessory buildings, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Total building area does not include clubhouse or similar amenities structures. 3. Gross floor area per unit for the purpose of this section is the total area of all floors measured from the exterior of the building with no deduction for hallways, stairs, closets, thickness of walls, columns or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. September 23, 2008 Page 36 Minutes Southold Town Board Meeting Section 6 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 7 . SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-912 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Initiator ?? Defeated ???????? Vincent Orlando Voter ?? 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 2008-913 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk PH LL Open Space Subdivision 10/21/08 4:50 Pm WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk A Local Law In County, New York, on the 23rd day of September, 2008, a Local Law entitled, “ Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts” ; now therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the September 23, 2008 Page 37 Minutes Southold Town Board Meeting 21st day of October, 2008, at 4:50 p.m. at which time all interested persons will be given an opportunity to be heard. A Local Law In Relation to Open Space in subdivisions in The proposed local law entitled, “ the Hamlet Business and Hamlet Density Zoning Districts ” reads as follows: LOCAL LAW NO. _______ 2008 A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The purpose of this Local Law is to require an open space set-aside in subdivisions in the Hamlet Business and Hamlet Density Zoning districts, identical to that imposed on residential site plans in the same districts. Section 2. Chapter 240 of the Southold Town Code is amended as follows: ARTICLE XI Cluster Development § 240-42. Authority and purpose. H. Design requirements for cluster development subdivisions. In addition to the other requirements of this chapter, the following shall apply: (1) In the R-400, R-200, R- 120, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set aside a minimum of 60% of the buildable lands as open space lands. (2) In the HD and HB Zoning Districts, a cluster subdivision development must set aside a minimum percentage of buildable lands as shown in the “Open Space set-aside” column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . SEVERABILITY September 23, 2008 Page 38 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 effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. ? Vote Record - Resolution RES-2008-913 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland 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 2008-914 CATEGORY: Recommendations DEPARTMENT: Town Clerk Authorize and Direct the Town Clerk to Send Three Proposed Local Laws to the Suffolk County Planning Department and the Southold Town Planning Board for Their Recommendations and Review RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to send the following proposed Local Laws to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review: A Local Law In Relation to Design Standards and Regulations for Residential Site Plans A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts September 23, 2008 Page 39 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-914 ? 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 2008-915 CATEGORY: Seqra DEPARTMENT: Land Preservation Ficner - SEQRA WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Carolyn Blaskiewicz, Barbara Bokina, Susan Cheshire, Jeanette Sayre and Stacia Ficner (known as the “Ficner” Property) pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-95-4-6. The address is 7990 Oregon Road in the A-C zoning district and located approximately 1029 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 6± acres (subject to survey) of the 8.3± acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $79,000 (seventy-nine thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further September 23, 2008 Page 40 Minutes Southold Town Board Meeting RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2008-915 ? 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 39. Statement COUNCILMAN WICKHAM: Mr. Supervisor, we missed the resolution to set a work sessions to review the budget. So I would like to move setting the next Town Board work session on October 2nd, here at Town Hall conference room at 3:00 PM and on the 9th, also at 3:00 PM at the annex for the purposes of reviewing the 2009 proposed budget. COUNCILMAN KRUPSKI: What time? COUNCILMAN WICKHAM: 3:00 PM in both cases. COUNCILMAN KRUPSKI: Okay. COUNCILMAN ORLANDO: You set the time, Al. 2008-916 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL 13 2008 CPPP WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 26th day of August, 2008 a Local Law entitled relation to Updating the Community Preservation Project Plan” and September 23, 2008 Page 41 Minutes Southold Town Board Meeting WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed “A Local Law in relation to Updating the Community Preservation Local Law entitled, Project Plan” which reads as follows: LOCAL LAW NO. 13 of 2008 “A Local Law in relation to Updating the Community Preservation A Local Law entitled, Project Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in §17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town’s Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. September 23, 2008 Page 42 Minutes Southold Town Board Meeting C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated January 2006 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be replaced with the January 17, 2006 List of Eligible Parcels. E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. September 23, 2008 Page 43 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-916 ? 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 2008-917 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Ficner - Elect to Purchase WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Carolyn rd Blaskiewicz, Barbara Bokina, Susan Cheshire, Jeanette Sayre and Stacia Ficner on the 23 day of September, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-95-4-6. The address is 7990 Oregon Road in the A-C zoning district and located approximately 1029 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 6± acres (subject to survey) of the 8.3± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the purchase price for the easement is $79,000 (seventy-nine thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town’s Community Preservation Project Plan as September 23, 2008 Page 44 Minutes Southold Town Board Meeting property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVEDelects to purchase a that the Town Board of the Town of Southold hereby development rights easement on agricultural land owned by Carolyn Blaskiewicz, Barbara Bokina, Susan Cheshire, Jeanette Sayre and Stacia Ficner (known as the “Ficner” Property) pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold . Said property is identified as part of SCTM #1000-95-4-6. The address is 7990 Oregon Road in the A- C zoning district and located approximately 1029 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York. The development rights easement comprises a part of the property consisting of approximately 6± acres (subject to survey) of the 8.3± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $79,000 (seventy-nine thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) September 23, 2008 Page 45 Minutes Southold Town Board Meeting and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-917 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? 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 VI. Public Hearings Motion To: Motion to recess to Public Hearing COMMENTS - Current Meeting: RESOLVEDbe and hereby is declared that this meeting of the Southold Town Board Recessed in order to hold a public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 1. LL Updating CPPP 9/23/08 4:35 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 26th day of August, “A Local Law in relation to Updating the Community 2008 a Local Law entitled Preservation Project 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, 23rdday of September, 2008 at 4:35 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 Updating the Community The proposed Local Law entitled, Preservation Project Plan” reads as follows: LOCAL LAW NO. 2008 “A Local Law in relation to Updating the Community Preservation A Local Law entitled, September 23, 2008 Page 46 Minutes Southold Town Board Meeting Project Plan” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The following five (5) properties listed in the attached Exhibit, totaling approximately 24.07 acres, are proposed to be added to the List of Eligible Parcels included in the Community Preservation Project Plan. The preservation and protection of these properties falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, establishment of parks, nature preserves and recreational areas, preservation and protection of open spaces, agricultural lands and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. II. Chapter 17 of the Code of the Town of Southold is hereby amended as follows: § 17-13. Community Preservation Project Plan adopted. A. For the reasons set forth in §17-12 hereof, the Town Board of the Town of Southold hereby approves and adopts the Community Preservation Project Plan prepared by the Town’s Planning Department, the Land Preservation Committee, the Peconic Land Trust and Central Data Processing and presented to the Town Board on August 4, 1998, during the Work Session portion of the Town Board meeting, said plan being intended to constitute the Southold Community Preservation Project Plan which is required by §64-e of the New York Town Law and Article I of Chapter 6 of the Southold Town Code. B. The Town Board of the Town of Southold hereby approves and adopts the January 2003 update to the Community Preservation Project Plan prepared by the Land Preservation Department and Central Data Processing Department and presented to the Town Board on January 21, 2003, during the Work Session portion of the Town Board meeting. The 1998 List of Eligible Parcels shall be replaced by the January 2003 List of Eligible Parcels presented to the Town Board during the January 21, 2003, Work Session. C. The Town Board of the Town of Southold hereby approves and adopts the March 2005 update to the Community Preservation Project Plan which adds certain parcels in the Great Pond Wetland and Dune Area in Southold to the List of Eligible Parcels. The January 2003 List of Eligible Parcels shall be revised as of March 29, 2005 to include the identified Great Pond Wetland and Dune Area Parcels. D. The Town Board of the Town of Southold hereby approves and adopts the January 2006 update to the Community Preservation Project Plan which adds one hundred ninety four (194) parcels totaling approximately three hundred and fifty five (355) acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods, to delete parcels which have been developed, and to correct, where applicable, Suffolk County tax map numbers for September 23, 2008 Page 47 Minutes Southold Town Board Meeting parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated January 2006 Executive Summary and updated cover pages. The January 2003 List of Eligible Parcels shall be replaced with the January 17, 2006 List of Eligible Parcels. E. The Town Board of the Town of Southold hereby approves and adopts the August/September 2008 update to the Community Preservation Project Plan which adds five (5) parcels totaling approximately 24.07 acres to the List of Eligible Parcels. In addition, the existing List of Eligible Parcels has been revised to delete parcels which have been preserved using various preservation methods and to correct, where applicable, Suffolk County tax map numbers for parcels included on the existing List of Eligible Parcels. The text of the plan adopted by the Town Board in 1998 (Plan dated July 1998) shall remain as adopted in 1998, with an updated September 2008 Executive Summary and updated cover pages. The January 17, 2006 List of Eligible Parcels shall be replaced with the August/September 2008 List of Eligible Parcels. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this Law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. In other respects, the plan is intact as it was previously. I have a notice that it has appeared as a legal in the local newspaper, it has also appeared on the Town Clerk’s bulletin board outside and in a memo dated September 22 from Mark Terry the LWRP coordinator, ‘this proposed action is to update the Community Preservation Project Plan, adding five parcels etc., based on the information provided on the consistency assessment form submitted to the Department as well as records available to me, it is my recommendation the proposed action is consistent with the policy standards and therefore is consistent with the LWRP.’ And that is the only significant content in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular public hearing? COUNCILMAN KRUPSKI: I have been asked by Melissa Spiro, the Land Preservation Coordinator, just to provide a little more information. This, as Tom Wickham said, this is to update the plan. Originally when the plan was adopted by the Town in 1998, smaller parcels were not included on it and it has come to light that some of these parcels could be acquired by September 23, 2008 Page 48 Minutes Southold Town Board Meeting the Town if the development rights or fee title and so periodically since 1998, the plan has been updated to include smaller parcels. They are categories, classifications A through K, all five parcels meet category A which is open space including agricultural lands. Two parcels, two of the real small ones have recreation values or drainage possibilities for them for the town roads. So the total acreage added to the plan tonight would be 24.07 acres. SUPERVISOR RUSSELL: Does anybody want to come up and address this particular public hearing? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 2. Ficner - Set Public Hearing COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN SUPERVISOR RUSSELL: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town sets Tuesday, September 23, 2008, at Code, the Town Board of the Town of Southold hereby 4:40 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 Carolyn Blaskiewicz, Barbara Bokina, 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. I have a notice that this has appeared as a legal in the local newspaper and it has appeared on the Town Clerk’s bulletin board outside. I have a memo dated September 22 from Mark Terry, the LWRP coordinator which says in the critical part, ‘based upon the information provided on the September 23, 2008 Page 49 Minutes Southold Town Board Meeting LWRP consistency assessment form submitted to this department as well as the 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.’ There is a short environmental assessment form filled out and signed and that completes the record for this hearing. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? NANCY SAWASTYNOWICZ: Nancy Sawastynowicz, Cutchogue. I would like to thank the Ficner family for being so great in protecting some farmland and I am glad the Town is going to approve it. Thank you. SUPERVISOR RUSSELL: Thank you. And by the way, since that name has been pronounced five different ways, I went to high school it was always Ficner. COUNCILMAN KRUPSKI: Just on behalf of Melissa Spiro who couldn’t make it because she is at a county land preservation meeting tonight, the Ficner parcel, if you look at the map, is really important because to the west the county has purchased development rights to a large farm, to the east the town has purchased development rights on two adjacent farms and so it fills in that area very nicely and we do thank the Ficner family. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this public hearing? ( No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Closing Statements Supervisor Russell SUPERVISOR RUSSELL: That concludes the Town Board business. Would anybody like to come up and address the Town Board on any issue? I want to thank the Ficner family for the sale of the development rights. Nancy Swastynowich NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I am just a little, I mean, I was glad to see at the last work session were talking about sewage problems. So I am just going to make a little statement about that. According to the Suffolk County Water Authority, demand for water already exceeds supplies of water in Southold. Our water authority is adding new sources of supply by pumping in water from Riverhead Town. Riverhead set records for the amount of public water used this summer. The amount of public water used in Southold is increasing dramatically every year. Increasing water supply means waste water is also increasing. Will the north fork be flooded with used water? In other words, sewage. How will the environmental impacts we can expect from all the additional sewage be studied? Will September 23, 2008 Page 50 Minutes Southold Town Board Meeting our aquifer be able to absorb the waste from the imported water supply? My uncle Chet used to store his clams in a sack tied to his dock in East Creek, he harvested bushels of clams and scallops and kept them fresh in the creek, do you know that it has been illegal to clam for the last five years 100 feet from the mouth of the East Creek in Cutchogue harbor and in the East Creek, including Eugene’s Creek, Mud Creek and Broadwaters Cove. Although these waters are closed, people still clam in them. Did you hear about the recent uproar over the closing of a beach in th Sag Harbor due to pollution? On August 20, Sag Harbor Village Board called together a panel of experts to discuss contamination of Peconic Bay waters. It was Bay Haven. It was the Peconic baykeeper, a professor from Stony Brook university, Sag Harbor’s environmental consultant, the chairman of the harbor committee and the director of East Hampton’s nature resource department. Where is our outrage? When will we have a meeting? How long will we have until the north fork beaches are closed? Southold Town’s plan for public water to serve our needs not the needs of new development. Using public water to increase population is not serving our needs, it is expanding our needs. It is not right when you let a big company move into our town and use a government monopoly to drive over development. So I just want everybody to keep in their minds about the waste water. Thank you very much. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board? Linda? Linda Goldsmith, East Marion LINDA GOLDSMITH: Linda Goldsmith from East Marion. I have several questions this evening and they are engendered by the threat of two new large building projects in Southold Town. The Heritage in Cutchogue and the Shizen spa in East Marion. And I would like to know, we have a Planning Board and a Planning department, what are the roles of each, how do they coincide and who has the final say? When they are talking about a DEIS or anything else? COUNCILMAN WICKHAM: The Planning Board has the final say. The Planning staff advise the Board, they do a lot of the research, they make sure that the applications are complete, they see that the formalities are followed but in the final analysis, it is the Board that makes the decision on the applications that come before that Board. MS. GOLDSMITH: Okay, so that would lead me to my next question. When these large projects and the DEIS comes in on these large projects, and outside consultants are used, are they, do they visit the site? COUNCILMAN KRUPSKI: You should address these questions really, also to the Planning Board. MS. GOLDSMITH: Well, that is why I am here because I didn’t know if I address them to…. COUNCILMAN KRUPSKI: We are happy to answer them but the Planning Board might have better insight into them. SUPERVISOR RUSSELL: Let me just explain quickly. The, in the issue of Oki-do or excuse me, I know it has been named again, they are separate in the fact that the Planning Board is only September 23, 2008 Page 51 Minutes Southold Town Board Meeting lead agent for purposes of SEQRA in the Oki-do application. Ultimately, the Zoning Board of Appeals has yet to have that case before them and they need substantial approvals from Zoning Board of Appeals. But if I am not mistaken, the Planning Board has asserted itself as lead agent because the ZBA doesn’t do SEQRA review. The Planning Board staff will review, they have outlined a lot of their concerns and then discuss that with, with the outside contractor who will come in and discuss the issues with the Planning Board, Planning staff. Gather all of those concerns, raise some of their own concerns, go out and visit the site and do everything as part of a comprehensive review in any process. MS. GOLDSMITH: Does everyone who is involved visit the site? The Planning Board, the ZBA, perhaps even the Town Board, the Highway Superintendent? SUPERVISOR RUSSELL: Anybody who is requested as part of that SEQRA process, in other words, any of those concerns that are raised that would require a visit from the Captain of the police department if it is a traffic safety issue, if it is an infrastructure issue, the engineer or the highway superintendent; all these people go on site. The ZBA, I believe, goes on site when an application comes before them. I don’t know that they go out on site prior to an application. Technically they have no application before them yet so I am not sure they go yet, but they will certainly go when they are going to adjudicate the application. MS. GOLDSMITH: Okay. My next question is, we have spoken, Supervisor Russell and I believe Mr. Wickham, you were there, I think actually Mr. Edwards was there at the time. It was well over a year ago. We talked about ordinances and we had a meeting, it was actually in your office or in your boardroom, regarding a noise ordinance, a lighting ordinance. They were to be discussed, they were to be looked at and nothing has ever happened and in light of the fact that at least one of the new large applications that is before you has a proposal for outdoor live music, I am wondering what is happening there and what is the current law in regard to noise emanating from a site? COUNCILMAN WICKHAM: The Board has discussed from time to time strengthening the noise ordinance that we have… MS. GOLDSMITH: We have one? COUNCILMAN WICKHAM: Different points of view, well, there are disturbing the peace for example and certain traffic infractions have noise aspects to it. We could if we wanted to, expand that. We don’t yet have a consensus of the Town Board to move ahead with that legislation, although just today we discussed it and I wouldn’t be surprised if we can develop that consensus in the future. MS. GOLDSMITH: How about lighting? SUPERVISOR RUSSELL: I brought some concerns from recent activities in another hamlet back to the Board and said, you know, the time has come to talk about a noise ordinance. What we have been trying to do is address the issues as they come up. Motorcycle with the straight September 23, 2008 Page 52 Minutes Southold Town Board Meeting pipe problems, we have been out enforcing that this year and even everyone I talk to in Greenport says they notice the difference. Those types of things. We have reached out to (inaudible) land owner out where you live several times without success. Yes, the prospect of having a new owner of land emanating that same type of noise is problematic and I think we are going to have to have a discussion about noise ordinance real soon. You mentioned another issue on lighting ordinance, that is actually in the process of being drafted and that should be presented to the Board probably in a month or two. A separate issue. MS. GOLDSMITH: What is the law regarding noise now? Because quite honestly and I will speak of East Marion, we are very fortunate in that we get a lot of music. We hear Claudio’s on certain days, we hear the Blue Dolphin on certain days. Sometimes we hear both and with the new place starting, I guess you would say, if live outdoor music is proposed, does that noise have to be contained within the property? SUPERVISOR RUSSELL: No. No. There is no requirement in the current town code, there is no empirical code that suggests that only a certain amount of decibels can emanate from a property line. I know what you are talking about in terms of the requirements under… MS. GOLDSMITH: The RR. SUPERVISOR RUSSELL: Oh, the RR but again, that would be a condition that you get to place on a business that comes before one of these jurisdictional boards. That particular place was preexisting, nonconforming. To my knowledge, no code applies to that right now. It should but it doesn’t. MS. GOLDSMITH: You are talking about the Main Road place. SUPERVISOR RUSSELL: That is right. MS. GOLDSMITH: Well, I am talking about the end of Shipyard Lane. SUPERVISOR RUSSELL: That would be certainly a condition that the Zoning Board of Appeals, the Planning Board, either of those jurisdictions could layer (inaudible) of restrictions on that application. COUNCILMAN KRUPSKI: And as far as the lighting goes, even though we don’t have dark skies legislation in place, the Planning Board is certainly aware of what is necessary and can implement anything they want as far as lighting fixtures, directing lighting and what not. Keeping lighting on site. They can do that now and they will do that. MS. GOLDSMITH: The other thing we spoke about or something I spoke about two weeks ago, and we had spoken and it was quite informally and I believe it was at a Board meeting probably maybe two years ago actually and we had spoken about the fact that the marine II zoning needed to be revisited, what was allowed in that area, the only thing that has happened, now it has been broadened. As far as I am concerned, with bed and breakfasts’, I know that is my opinion but it September 23, 2008 Page 53 Minutes Southold Town Board Meeting is still my opinion. I am wondering if that is ever going to happen because it seems like anything that anybody else doesn’t want in any other zoning district, ends up in Marine II. You know, everything but a dump is in Marine II. There is residential in Marine II, there is bed and breakfasts, you can get a variance for a hotel, for a restaurant, for a ferry, for a fish processing plant. That is pretty much allowed… COUNCILMAN KRUPSKI: But it is, it is a historic use in the community, for a marine use and that is why I think the Marine I and Marine II zones were set up, to protect those areas, to protect that historic use. As far as the uses within that, there has been a lot of discussion about reviewing the different uses within that and there has been discussion over the years as to what constitutes a use: boat storage, boat sales, boat repair, boat hauling. Are those all separate uses or one use? MS. GOLDSMITH: Well, I guess my question is, if a property is zoned say and it allows many different things in the zoning including a residential home, what supersedes what? So, for example and I will use the Shiazen property, there is going to be a manager’s home built there and that is residential; there is going to be a restaurant or a ferry or whatever else, so what laws do you go by? In a residential area, you must have this, you must have certain setbacks, you must have this much, you have to have cluster, you have to have this, so what do you follow? What is followed? SUPERVISOR RUSSELL: Just, the, a lot of that is going to be left to a Zoning Board of Appeals and the Planning Board. There is overlapping and dual jurisdictions here. Those are the two Boards that are going to insist on certain parameters and site plan issues and all of those noise mitigation issues. Those are the two jurisdictions that will be governing the use at Oki-do. But let me get back to the issue of zoning and I agree with you, one of the priorities I think we have to have is reviewing the zoning, all of the zoning of Southold Town. But this Board is unified in pursuing a comprehensive master plan update over this next year. That will be a part of the budget I present in the next few weeks. I know this Board has already taken it on with the Planning Board in getting the principal original things going, those, from that master plan will emanate a good road map, as to what we want the zoning to look like. What kind of uses do you want to see. It is not necessarily the failure of zoning, at Oki-do it is the size of the property, it is like the Heritage at Cutchogue. It is not necessarily the zoning, it is the size of the property. It is those two together that present the problem. The MI, the MII zones, they are good zones because they recognize the need for water dependent uses and water enhanced uses, which would be those that are allowed by special exception, the restaurant, the inn, that sort of thing. Those are fine, it is the size of the property in that particular case and the zoning. The Heritage the same thing. And you have to, the Town needs to revisit its zoning and its parcel sizes and its potentials and what was just recently said, you have to envision the worse case scenario and then plan against it or legislate it away, through zoning. But we have a process in place to do just that in case of the Oki-do. Again, they have a long, long way to go. There is, you know, they are just starting a SEQRA, we are halfway through a SEQRA process. They haven’t even been before either board of jurisdiction. MS. GOLDSMITH: Well, I guess my question is, if you do a subdivision, you have to cluster. September 23, 2008 Page 54 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yes. MS. GOLDSMITH: You have to leave a certain amount of open space but it doesn’t seem that in a Marine II zone when you are asking for exceptions on restaurants or hotels, you don’t have to cluster and leave a, what is it, a 40 percent open space? Or 60 percent? SUPERVISOR RUSSELL: 60 percent. COUNCILMAN KRUPSKI: That it true, it is a different zone. It is a different zone. MS. GOLDSMITH: Right and but it is going to be, it is still going to be residential. It is still going to have a residential piece on that property. COUNCILMAN KRUPSKI: That is true. MS. GOLDSMITH: That is why it seems, it does not seem fair. Because if you are going to have a home where someone is going to live on that property…. COUNCILMAN KRUPSKI: Mmmhmm. MS. GOLDSMITH: And you are also going for, this is what is asked for, a house for someone to live in, then a hotel and a restaurant and a lake and spa cottages and a ferry and a marina, all of that is, almost every use is being asked for. Or many of the uses. So if you have a residential house, is it residential zoning, do you need to cluster and leave a certain amount open? But that is what I am saying. So it is pretty much like a garbage dump, pretty much. SUPERVISOR RUSSELL: What you, under the current residential site plan, which has requirements for open space, 60 percent open space by the way and clustered, that is a specified right. in other words, we have already zoned that as a residential use, you may exercise your rights under the zoning but you need to follow these rules. In the case of Oki-do, what we said was, you merely have the right to ask for those. You don’t have an inherent right for a motel or an outdoor amphitheater or a restaurant. You don’t have an inherent right to that. You have the right to ask for it and then the Town certainly, the jurisdictions with ZBA and the Planning Board have the right to say but if you want that, this is what you need to do. It provides an opportunity for a more stringent approach to that, govern that type of use then were it a black and white formula as part of the town code. They can ask for more than the 60 percent open space requirement to protect the neighbors. That is, that is within their jurisdiction to ask for those things or to say, you know what? This parcel wouldn’t house these uses well, so you need to give up some of these uses because we are not going to approve this, we are not going to approve that. They have all that right to say no in a residential zone, you can’t tell people you can’t build houses but if you are going to build them you need to build them here and maintain this amount open space, blah blah blah. MS. GOLDSMITH: Okay. I understand what you are saying but I feel that that is all, September 23, 2008 Page 55 Minutes Southold Town Board Meeting unfortunately it is all going to be, it is a maybe. There is nothing in black and white. At least… SUPERVISOR RUSSELL: Maybe from the applicants side, too. MS. GOLDSMITH: True. But with a residential, you know you have to cluster, you know you are going to have 60 percent open space at least you know you are going to have it. COUNCILMAN KRUPSKI: But not all MII zone parcels are alike and they are not all equal and some have better upland facilities and some have really poor upland facilities and so, so you can’t just, it would be hard to put those in a cookie cutter. COUNCILMAN WICKHAM: I would like to add that the Planning Board is requiring clustering in the residential site plans that come before it in all the zones. MS. GOLDSMITH: I know that. COUNCILMAN WICKHAM: I have actually asked the Board on several occasions to do, to put tighter restrictions on MII zoning districts. The Supervisor commented that we are doing it in a comprehensive fashion which is a good way to go about it but it will take a long time. I have urged the Board to act quickly on specific restrictions in the short term but we don’t have a consensus to do that yet. MS. GOLDSMITH: Mr. Wickham, you voted on broadening the MII zone by allowing B & B’s in that zone. COUNCILMAN WICKHAM: I don’t believe that B & B’s will do harm to neighbors… MS. GOLDSMITH: It is still less restrictive. COUNCILMAN WICKHAM: Excuse me? MS. GOLDSMITH: It is still less restrictive. COUNCILMAN WICKHAM: Yes, in that particular area. There are other restrictions that I feel are more important that should be imposed. MS. GOLDSMITH: Okay but I am just reminding you that it is less restrictive not more restrictive, so when you say you would like more restrictive, I understand but there must be certain restrictions that you yourself feel are more important than others. COUNCILMAN WICKHAM: There are, true. That is right. MS. GOLDSMITH: So that, but see, that is my whole point. Everything is a matter of who feels what should be and when you are going for a variance to the ZBA, it is all, I mean, like I said I have heard people who are on the Planning Board or on the ZBA say this project is wonderful, September 23, 2008 Page 56 Minutes Southold Town Board Meeting speaking of Shiazen, it is going to have a green building. Well, you know, it bothers me to have a preconceived notion like that but there is nothing I can do about it. My last question is actually for the Town Attorney, I don’t know if it is appropriate to ask her but we had asked about the name change regarding Shiazen and Oki-do and how do you put an application in for Oki-do and then put a DEIS for Shiazen? I guess you can change your name in the middle if you want to? TOWN ATTORNEY FINNEGAN: You can change the name, the Planning Board can allow you to change name. I don’t… MS. GOLDSMITH: Because it was Oki-do Holistic Medical, now it is Shiazen Spa. TOWN ATTORNEY FINNEGAN: Same project and it changed its name. SUPERVISOR RUSSELL: The SEQRA review is being done on the proposed use and on the site itself not necessarily in the name or the holding title to the parcel. MS. GOLDSMITH: Will there be a public hearing on that or is that something I need to ask the Planning Board? COUNCILMAN KRUPSKI: That would be the Planning Board. Yeah, I don’t think we would have a public hearing on any of that. SUPERVISOR RUSSELL: The Planning Board. There is absolutely a public hearing on the SEQRA and of course, several public hearings down the road. COUNCILMAN WICKHAM: There will be several public hearings. MS. GOLDSMITH: Okay. And my last question is, when we are talking about zoning, you have a proposed local law in relation to zoning amendments in the hamlet business and that, why not start working a little more on the MII because that is where a couple of threats are and unfortunately by the time you get to changing that, you know, it may be too late with these two project, the Heritage project and the Oki-do or Shiazen project are two projects that will forever, should they come to fruition the way they are planned, will forever change the face of Southold Town and as I am plowing through the 1,227 pages of the DEIS, just the traffic alone you know, caused me nightmares. Just to watch the mitigation for the traffic alone with widening, I don’t know if you know but the proposal is to widen Shipyard Lane to three lanes, to widen Route 25 to three lanes and have a merging lane which goes up along the curve around Hellenic. It causes me nightmares and you know, there are people that are pretty much looking you know, if the economy was better the for sale signs would be out. So whatever tax revenue that people may think is coming from a project such as the one in East Marion which I believe is $195,000 split between the town, school, fire department and all of that, all you need is eight more children in Oysterponds schools from workers families and that whole $194,000 is gone. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board? Benja Schwartz, Cutchogue September 23, 2008 Page 57 Minutes Southold Town Board Meeting BENJA SCHWARTZ: Did you miss me last week? Benja Schwartz, Cutchogue. How are you doing tonight? This morning I happened to drive past the 7-11 in Cutchogue about 7:30. I think we need a traffic light out there and a bigger parking lot. More people, that is the problem. The size of development, that’s, can be problematic. But sometimes even small development or even development that is already there can be problematic. You mentioned, somebody mentioned the dark skies concept tonight and I just wanted to talk a little bit about that because one of my favorite places in the world, the shore of Cutchogue harbor, I live at the head of Cutchogue harbor, the beach in front of Pequash club, it is a beautiful place to walk. Of course, I could just stay home and watch TV but you know, I like to go down on the beach at night and walk in the starlight. Unfortunately someone has built a huge house, they tore down a little beach cottage, they left the brick chimney, that is it. And then the built a huge house that blocks their neighbors view. They have picture windows overlooking the beach with the nice green lawn right down to the sand, they use a lot of fertilizer on that and make a lot of noise cutting it and they have a big screen TV, you can watch it from the beach. In fact, you can’t avoid watching it from the beach. SUPERVISOR RUSSELL: Do they get channel 22? MR. SCHWARTZ: I heard something about that being eliminated from the basic cable. SUPERVISOR RUSSELL: Not to my knowledge. I think… UNIDENTIFIED: Inaudible SUPERVISOR RUSSELL: It was eliminated? I don’t think they can, under the law. They are required to, under the law, they are required to under the law to provide for government access. I think they will have a conversion kit if you go to them…. UNIDENTIFIED: And pay $5 a month. SUPERVISOR RUSSELL: Well, they said it was no extra charge. They are required, come and see me about that because they are required to provide that under the franchise agreement. UNIDENTIFIED: Inaudible MR. SCHWARTZ: I am glad you mentioned that, I think the Town might take up that issue when they review the contract. SUPERVISOR RUSSELL: The franchise, absolutely. MR. SCHWARTZ: That gives the monopoly to cablevision. Back to the beaches, so you have got this TV now on the beach that is a little disturbing. The other night there was no moon, it was very, well, it should have been dark but it wasn’t and then there is a house two doors down from that which was also, they tore the property apart. Every part of that property was dug up and re-graded and it is like a new world there. of course, it is also surrounded by a fence. They have a beautiful room up in a high tower with cathedral ceilings and the lighting in that room is September 23, 2008 Page 58 Minutes Southold Town Board Meeting blinding in your eyes when you are walking down the beach. We don’t have any laws, there is nothing we can do about that, I can’t call anybody. Maybe we need some. I mean, it is obvious that someone has a spotlight and there is a house that has a spotlight, we think of it as the drug dealers residence but I don’t know that they are dealing drugs but it is across the harbor and that one spotlight, shining out on the harbor, blinds anyone who wants to go out at night on the beach or on a boat. I wish we didn’t need lights to protect us. Need lights, need laws. But I think we do. You know, there have been studies that show that excessive lighting at night causes cancer. It can be dangerous if it is in a roadway, it can be very painful when you are on the beach and it can also be destructive of the environment, it can disturb the migratory birds etc. You know, I feel like you are all with me on this issue and yet I don’t feel like you understand it. I would like to give you one more example tonight. two weeks ago, I was at the code committee meeting, where several members of the Town Board, I believe you are all members of the code committee, I don’t know if there is any other members of the code committee or if it is just the Town Board? SUPERVISOR RUSSELL: It is the Town Board and then obviously, the various department heads that would lend the input to the Town Board such as the building inspector, planner, chief planner, attorney. MR. SCHWARTZ: Okay. I was just wondering if there was an official roster. Anyway, the code committee meets in the Town Hall annex in a beautiful board room. Maybe it is too beautiful. There is decorative lighting there on the wall, sconces and the chandeliers that have these intense little bulbs that, I don’t know, they supposed to, they are not like candles, they are very, they are blinding. And I just don’t understand how you can work in an atmosphere and why you should have to. There are bulbs available that could replace those bulbs that would be much more soothing and conducive towards…. COUNCILMAN WICKHAM: Sleep. MR. SCHWARTZ: I don’t think so. I don’t think they would put you to sleep, Tom, I think you could stay awake. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody like to come up and address the Town Board before we get an action filed against the drug dealer in Cutchogue? I have a feeling I have paperwork coming. John? John Copertino, East Marion JOHN COPERTINO: Good afternoon everybody. Just a question, well, a little more than a question…John Copertino, East Marion. Do we have an official day of recognition for the firefighters and EMS in this town? SUPERVISOR RUSSELL: No. But I have been meeting with a local group that is looking to erect a monument, they actually have a fund raising effort underway. There will be a monument in recognition of emergency service workers and firefighters and I just talked to them about sighting it somewhere in Peconic, where we have some municipal property. September 23, 2008 Page 59 Minutes Southold Town Board Meeting MR. COPERTINO: Is that going to be with the plaque for the 9/11? SUPERVISOR RUSSELL: We would like to. Yeah. We would like to have something in a more coordinated fashion, have them together. MR. COPERTINO: You know, every two weeks the citizens come before you with gripes and criticisms on various problems, some valid, some not. Today I come before you with a suggestion along those lines. If it is, if this suggestion is implemented by you, the Town leaders, it would probably be supported by at least 1,500 to 2,000 citizens right away and that is the families, at least the families of the firefighters. I couldn’t get a number on how many firefighters we have, I would 600 to 700 roughly plus EMS workers. I suggest that the Town declare a firefighters/EMS appreciation day to be celebrated on the same day of each year. This day will honor our volunteers and the sacrifices they make for this community. Sometimes we tend to take them for granted, take for granted the fact that these volunteers are available on a 24/7 basis and that they practically guarantee our peace of mind because of their response times. Especially the seniors. They literally make thousands of rescues and accident and fire calls every year and we hear about very few of them unless they make the headlines as did the two fires, the two house fires in Greenport recently. In fact, two firefighters went to the hospital because of that, smoke inhalation, I believe. Our fire department in East Marion is small but they are continually responding to all kinds of different calls, as is Orient, Greenport and all the other departments. I understand that Greenport alone makes over 700 calls a year. I am sure that the larger the hamlet, the more the calls are made. The seniors at Peconic Landing continually use the departments for rescue as do other seniors and non seniors in this community. Our firefighters and EMS personnel are on call all hours of the day and night and again, I would like to see the town dedicate one day a year to the firefighters and EMS workers, you might want to call it the firefighters/EMS appreciation day. Or another suitable title. I suggest that we celebrate this day each year at a different fire house, open to the public, refreshments served maybe even gotten it from donations by the big stores like the supermarkets and stuff like that. Or maybe you guys want to part with a couple of shekels there. SUPERVISOR RUSSELL: He is looking at Vinnie when he says that. Vinnie is the only one that will part with any money. MR. COPERTINO: Open to the public, refreshments served, speeches by the Town Board of course and other citizens if they want. Maybe a volunteer high school band, you know, any other type of activity could be offered to celebrate the day. It should be celebrated. Really should. I wish to remind all the critics of my suggestion to consider the following: if it weren’t for these volunteers, then we would have to hire a fully paid permanent complement of rescue personnel, to perform the tasks that the volunteers now perform. The perform it free. The cost to each hamlets taxpayers would be astronomical. Because they would have to have coverage full time, vacation relief, day off reliefs and they would have to have in East Marion, they would have to pay 15 or 20 firefighters just to cover the shifts. The benefits of 24/7 coverage that would be needed and the cost for pay rescue personnel would be in the millions, in addition to what we are paying now. as I stated before, the minimum support for the suggestion for fire personnel day and EMS day would be the husbands and wives and children. If you add citizens like me, who September 23, 2008 Page 60 Minutes Southold Town Board Meeting would like to show their appreciation, I think it is a good idea for the town to do that and make it an official day. You know, every day and rotate it through your fire houses, let them open up their fire houses to the public. I know they do it now but do it on the day that is dedicated to them. That is all I have. SUPERVISOR RUSSELL: John, I think you are 100 percent right. I think it is an excellent idea. Would anybody else like to come up and address the Town Board? Linda Goldsmith MS. GOLDSMITH: I am sorry, I forgot to ask this question the last time I was up here. There is a moratorium on docks, is that correct? SUPERVISOR RUSSELL: A moratorium on docks in, building the docks in the bay and in the sound. Only. MS. GOLDSMITH: The bay and the sound. COUNCILMAN WICKHAM: Not the creeks. MS. GOLDSMITH: Okay. Is that in every zone? Is that a blanket moratorium? SUPERVISOR RUSSELL: No. I don’t think so. I think we excluded, oh, no we didn’t. COUNCILMAN KRUPSKI: Marinas. SUPERVISOR RUSSELL: Marine dependent industries. MS. GOLDSMITH: Marine dependent industries. TOWN ATTORNEY FINNEGAN: I think we did it across the board. SUPERVISOR RUSSELL: Okay, we did it across the board. But what we allowed was for marine dependent industries to come make a special application to the Town Board for a waiver to the … MS. GOLDSMITH: Are these docks that are already built a waiver for that or a waiver to build docks? SUPERVISOR RUSSELL: It would be a waiver for either, repair or build docks. But they would have to come to the Town Board for a waiver. MS. GOLDSMITH: Okay, so for example, if the Shizen wants to build a dock within the next, while the moratorium is still on, there are no docks there… SUPERVISOR RUSSELL: They would have to come to the Town Board. September 23, 2008 Page 61 Minutes Southold Town Board Meeting MS. GOLDSMITH: They would…. SUPERVISOR RUSSELL: For a waiver. MS. GOLDSMITH: For marine intended business. SUPERVISOR RUSSELL: Right. Would anybody else like to come up and address the Town Board? (No response) 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 5:36 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