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HomeMy WebLinkAboutLL 2009 #03ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 29, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on February 3, 2009: 4:35 PM - A Local Law in Relation to Wireless Communication Facilities and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 20, 2009: Local Law #1: Limit size of dwellings units in Residential Site Plans in Hamlet Density District Local Law # 2 Design standards and regulations for Residential Site Plans Local Law # 3: Open Space in subdivisions in the Hamlet Density Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Elizabeth A. Neville Town Clerk Attachments cc: Suffolk County Department of Planning Village of GreenportX/v/c? Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees~ Southold Town Board of Appeals Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DAVID A. PATERSON GOVERNOR Lynda M Rudder Deputy Town Clerk Town Hall 53095 Main Road Southold NY 11971 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE ALBANY, NY 12231-0001 .Februa~ 10,2009 LORRAINE A. CORTI~S-VAZQUEZ SECRETARY OF STATE RECEIVED FEB 1 7 2009 Southolrl Town Clerk RE: Town of Southold, Local~Law No. 1, 2 & 3, 2009, filed on February 2, 2009 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.n¥.us/corp/misc.html. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US ° E-MAIL: INFO,DOS.STATE.NY.US ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 29, 2009 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on February 3, 2009: 4:35 PM - A Local Law in Relation to Wireless Communication Facilities and also PLEASE TAKE NOTICE that the Town Board of the Town of Southold has Enacted the following Local Laws listed below on January 20, 2009: LocalLaw #1: Limit size of dwellings unitsin Residential Site Plans in Hamlet Density District Local Law # 2 Design standards and regulations for Residential Site Plans Local Law # 3: Open Space in subdivisions in the Hamlet Density Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2008 4:50 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Ruland Town Clerk Elizabeth Neville Town Attorney Patricia Finnegan This hearing was opened at 6:21 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23ra day of September, 2008 a Local Law entitled "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts" 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, Southold, New York, on the 21st day of October, 2008 at 4:50 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to Open Space in subdivisions in 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 Open Space in Subdivisions October 21, 2008 Public Hearing 2 § 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 pementage of buildable lands as shown in the "Open Space set-aside" column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. So we are trying to pull together, bring together the same standards for site plans on the one hand and subdivisions on the other. We do not have any reference, response yet from the Suffolk County Planning Commission on this. We do have a comment from our LWRP coordinator that this proposal is consistent with LWRP policies and it has appeared as a legal in the local newspaper and outside on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? Would anybody like to indicate that they are just as confused as I am on what he just read? BENJA SCHWARTZ: Benja Schwartz. I would just like to say that this particular law is particularly appropriate in that some developments that are proposed nowadays where the site plan kind of suggests that you have like a large building and then some parking lots or something around it. Some of these condominiums, where each condo is essentially a single and separate house, what is the difference between that and a subdivision? It is just the legality of the ownership. So the same standards should apply and you know, I think that we could go, this Town Board could go further with regulating this type of condominium and you know, I think there is a need to protect, people who buy this type of condominium may think that because it looks like a single and separate house that they Open Space in Subdivisions October 21, 2008 Public Hearing are buying a house and the land but they are not. They wouldn't be getting the land and they wouldn't be really owning the outside of the house, only what is on the inside, the inside parts of the house, is what the condo is. But I don't see any reason that that should be any different from the subdivision with single and separate houses as far as the layout, so I agree with this law. Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? (No response) Comments made at the public hearings "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" and "A Local Law in Relation to Design Standards and Regulations for Residential Site plans in the Town of Southold" are to be considered part of this public hearing also. All three hearings held on October 21, 2008. This hearing was closed at 6:24 PM eville Southold Town Clerk NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rn County 21 City [] Town of SOUTHOLD [] Village Local Law No. 3 of the year 2009. A Local Law entitled, A Local Law In Relation to Open Space in subdivisions in the Hamlet Density Zoning District Be it enacted the Town Board of the: ~1 County rn City [] Town of SOUTHOLD [] Village Section 1. Legislative Intent The purpose of this Local Law is to require an open space set-aside in subdivisions in the Hamlet Density Zoning district, identical to that imposed on residential site plans in the same district. Section 2. Chapter 240 of the Southold Town Code is amended as follows: ARTICLE XI Cluster Development § 240-42. Authority and purpose. D. The Planning Board, at its discretion, may mandate cluster development in the AHD, RR, RO, LB, HB and B Zoning Districts for residential uses as permitted by this Code. 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 Zoning District, 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 (If additional space is needed, attach pages the same size as this sheet, and number each.) [)OS.239(Rev05/05) Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) 1 hereby certify that the local law annexed hereto, designated as local law No. 3__ of 20 08 . of the (Cz::n?y)(C~')(Town) ('.f~:.g,z) of SOUTHOLD was duly passed by the TOWN BOARD on January 20~, 20 08 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __., and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20__, in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20__. Such local law was submitted to the people by reason ofa (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20__ , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor ora city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __., became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submilted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph I , above. (seao Clerk ofthe~Jbunty legi}l'ative bod~. City. Tow~-~r-- Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: January 28, 2009 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law co/ff~ains the correct tex~ ndp t all proper proceedings have been had or taken for the enactment of the local law annefle~,~es~ / / [ ~ S isttn;t u re- /// '~ Patricia A. Finnegan, Esq., ] 'o..~ft &tto~ney Kieran Corcoran~ Esq. Assistanf'W-o~n Attorney Title Town of Date: SOUTHOLD January 28, 2009 ELIZABETH A. NEVHJ,E~ RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 30, 2009 Federal Express Linda Lasch New York State Department of State State Records and Law Bureau 41 State Street Albany, NY 12231 RE: Local Law Number 1 - 3 of 2009 Town of Southold, Suffolk County Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copies of Local Law Number 1 - 3 of 2009 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Enclosures Lynda M Rudder Southold Deputy Town Clerk cc: Town Attomey DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 28, 2008 THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING RECEIVED Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville NOV 5' 2008 Southold ?own Clerk Applicant: Town of Southold Zoning Action: Amendments: 280-137-"Standards for Residential Site Plans"; 280-4 "Definitions"; 280-137(A)(7) "max amount of bldg. ama and size of buildings in HB & HD Districts Public Hearing Date: October 21, 2008 S.C.P.D. File No.: SD-08-09 Dear Ms. Neville: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either and approval or disapproval. Very truly yours, Thomas A. Isles, AICP Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5101 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 FEB. 17.2009 2:34PM D~PARTMENT OF pLaNNING COUNTY OF SUFFOLK STE~E LEVY SUFFOLK COUN~ EXECUTIVB October2$,2008 THOMAS A, ISLES, A,I,C.P OI]:{~CTOR OF PtANN[N(~ RECEIVED Tow~ of $outhold PO Box 1179 $outhold, Now York 11935 Att: Ms. Elizabeth A. Ncv~Ue NOV ~F 2oo8 So.thold To~,n Cl~rk Applicaat: Town of Southold Zoning Action: Amendme~ats: 280-137-"Standards for Residential Site Plans"; 280-4 "Definitions"; 280-137(A)(7)"max amount of bldg. area anti s~e of buildings in HB & I-ID Disttictz Fubl/c Heating Date: October 21, 2008 S.C,P,D, File No.: De. ar Ms. N~villc: Pursaunt to thc requirements of Sect/ohs A 14 14-23 of the Suffolk County Administrative Code~ the above refcrenc~ application which has boon submitted to the Suffolk County Planning Commiggion i~ considered to b¢a matt~ for local dcterminatlon as there is no apparent siEnificant county-wide or hlt~r-cornmlillity impa~t(s). A decision of local deton!~. ' ation should not bo consh~d as either and approval or disapproval, Very tx'~y yours, 1 3 Thom~a A. Isles, AICP APF:ds LOCATION MAILING ADDRE~ H. LEE DENNISON BLDG. - ~ R. OOR P.O. BOX 0100 (S3'0 S$3.-5191 lO0 VETEF3~$ MEMORIAL HIGHWAY HAUPPAUGE, NY 11788.-00~9 TELECOpIER (631) 8534044 Southold Town Board - Letter Board Meeting of January 20, 2009 RESOLUTION 2009-93 ADOPTED Item # DOC ID: 4348 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-93 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 20, 2009: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 23rd day of September, 2008 a Local Law entitled "A Local Law In Relation to Open Space in subdivisions in the Hamlet Density Zoning District" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid I,ocal [,aw at which time all interested persons were given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed local law entitled, "A Local Law In Relation to Open Space in subdivisions in the Hamlet Density Zoning District" which reads as follows: LOCAL LAW NO. 3 2009 A Local Law In Relation to Open Space in subdivisions in the Hamlet Density Zoning District 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 Density Zoning district, identical to that imposed on residential site plans in the same district. Section 2. Chapter 240 of the Southold Town Code is amended as follows: ARTICLE XI Cluster Development § 240-42. Authority and purpose. D. The Planning Board, at its discretion, may mandate cluster development in the HD, AHD, Generated January 22, 2009 Page 7 Southold Town Board - Letter Board Meeting of January 20, 2009 RR, RO, LB, HB and B Zoning Districts for residential uses as permitted by this Code. 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 Zoning District, 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. SEVERAB1LITY 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert KrupskJ Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans ABSENT: Scott Russell Generated January 22, 2009 Page 8 RESOLUTION 2008-975 ADOPTED DOC ID: 4342 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-975 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 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 October 20, 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. Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Scott Russell, Town Supervisor Members of the Town Board Jerilyn B. Woodhouse, Chairperson~ January 6, 2009 Re.' Proposed Local Laws relating to Design Standards for Residential Site Plans, Zoning Amendments to Limit Size of Dwelling Units, and Open Space in subdivisions in HB & HD zoning districts. The Planning Board has reviewed the proposed Local Laws referenced above and supports these code amendments. We agree that the Hamlet Business zoning district differs substantially from the Hamlet Density zoning lCt in the uses that are permitted in the zone, and the general configuration and location of existing et Business zoned parcels. The commercial uses as well as the residential must be considered when re-tooling requirements that address scale. The analysis of those uses and possible new design requirements will take time to complete. Thus, we support continuing to apply the same requirements to residential site plans that currently exist for the Hamlet Business district. These proposed code amendments accomplish this by specifying that the required clustering and size limits apply specifically to the Hamlet Density district, and can be applied, if the Planning Board finds it to be appropriate, to the Hamlet Business District. In the Hamlet Density zoning district the permitted uses are limited to residential uses, thus proceeding with these new requirements in that district should be done as soon as possible. The intent is to provide for some moderate-size housing in the Town to balance what appears to be the predominant trend of building large homes to the exclusion of any moderate-sizes. These code amendments will benefit both the Town and private developers by eliminating uncertainty and delays through clear guidelines. Southold Town Board ~ l,ctter Board Meeting of October 2I, 2008 RESOLUTION 2008-977 ADOPTED Item// DOC iD: 4343 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-977 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts" is classified as an Unlisted Action pursuant to SEQIL/X 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 October 20, 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski .Ir., Wickham, Evans, Russell Generated October 22, 2008 Page 47 PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan~J,town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran(wtown.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(.~town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 MEMORANDUM To: From: Date: Subject: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney October 31, 2008 LL/Open Space in Subdivisions in the Hamlet Business and Hamlet Density Zoning Districts SEQRA For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. have retained a copy of this document in our file. We Also attached is a copy of the resolution authorizing Scoff to sign this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures cc: Members of the Town Board (w/encls.) Patricia A. Finnegan, Esq., Town Attorney (w/encls.) RESOLUTION 2008-977 ADOPTED DOC ID: 4343 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-977 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2008: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local law entitled "A Local Law in Relation to Open Space in subdivisions in the Hamlet Business and Hamlet DensiW, Zoning Districts" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendations of Mark Terry dated October 20, 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincem Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ORIGINAL PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 1 APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold Town Board / Local Law to require open space in subdivisions 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATIQN (Street address and road intersections, prominent landmarks, etc., or provide map) Hamlet Business and Hamlet Density Zoning Districts within the Town of Southold 5. PROPOSEDACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Local Law 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. 7. AMOUNT OF LANDAFFECTEO: Initially 1'~. acres Ultimately NA acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~]~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: E] Agdculture [] Park/Forest/Open Space [] Other 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? L~ Yes I~J No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Not Applicable 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [--]Yes [~]No I CERTIFY THAT THE I ORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na me: SCOI/tIH~ ~~ Date: 10/20/08 If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER J~ ~SSESSMENT (To be completed by Lead Agency) DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. [~Yes r'~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNL STED ACT ONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quan ty, no se levels, existing traffic pattern, solid waste production or disposal, potential for erosion, dra nage or flooding problems? Explain briefly: None C2. Aesthetic, agr cu rural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife spedes, significant habitats, or threatened or endangered species? Explain bdefly: None C4. A community's existing plans or goa s as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: None C6. Long term, short term, cumulative, or other effects not identified in C 1-C57 Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve.determinewhetheritissubstantiaL~arge~imp~rtant~r~therwisesignificant- Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of Occurring; (c) duration; (d) irraversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If quesfion D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. ] Check this boxifyou have determined, based on t he information and analysis above and anysupporting documentation, that the proposed actionWILI NOT result in any significant adverse env ronmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell vd Pflffi o~/y Name_.o~sible. ~Of~ in Lead~gency j 'g ture of Responsible Officer in Lead .~gency 10/20/08 Date Supervisor ~__ ,. ,~ ,~ Title of'Responsible Officer j Sig~re of~le officer) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: October 16, 2008 Re~ Local Waterfront Revitalization Program Consistency Review for Local Law 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. This proposed action is for a Local Law 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. The proposed local law has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the 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. Supporting policy standards include: Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The longstanding planning goals of the Town of Southold "reflect the interest in preserving and enhancing the natural and built environment and providing opportunities for a level of growth and expansion of the economic base that is compatible with the existing scale of development, availability of water, existing sensitive environment of the Town and its historic heritage" (Town of Southold Planning Board, 1985, p3). The future pattern of land use proposed in the "Master Plan Update" encouraged residential development to locate in and around existing hamlets "in order to preserve and enhance the historic and cultural centers of the community, to support existing commercial centers, to provide locations for moderately priced housing and to encourage efficient and effective l~rovision of community facilities and services" (Town of Southold Planning Board, 1985, p6). Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME Town of Southold Town Board /Local Law to require open space in subdivisions 3. PROJECT LOCATION: Municipality TownofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) Hamlet Business and Hamlet Density Zoning Districts within the Town of Southold 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Local Law 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. 7. AMOUNT OF LAND AFFECTED: Initially ['~'~' acres Ultimately NA acres 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~J Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [~ Yes L~J No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? b_J Yes [] No If Yes, list agency(s) name and permit/approvals; Not Applicable 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes r~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanl/sponsor name: Scott Russell Date: 10/20/08 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. DOES ACTION EXCEED ANY TYPE THRESHOLD IN 6 NYCRR, PART 617~47 If yes, coordinate the review process and use the FULL EAF E3Yes 171No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROV DED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency [~] Yes 171No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None C2, Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish, shellfish or wildlife species, s gn fican hab tats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or yea S as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: None C5, Growth, subsequent development, or related activities key o be nducod by the proposed action'> Explain bdefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain bdefly: None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] NO If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve,determinewhetheritissubstantiaL~arge~imp~rtant~r~therwisesigni~cant- Each effect should be assessed in connection with its (a) setting (La. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration, ] Checkthisboxifyouhavedetermined, basedon he nf~rmat~nandana~ysisab~veandanysupp~rtingd~cumentati~n'thatthep~~p~sedacti~nW~L~ NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board Name of Lead Agency Scott Russell Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency 10/20/08 Date Supervisor Title of Responsible Officer ig~lre o: Preparer (If different from res.,~[~i~le offi ca r) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD R~CEIV~D September 24, 2008 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 2I, 2009: p_.~: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Sonthold" 4:45pm: "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" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and ltamlet Density Zoning Districts" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suflblk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors ~,~ wn~lding, D.e~artment Signature, Received B4' ~-] Please print name Elizabeth A. Neville Town Clerk Long Island State Park Cmnmission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 [0~1~%1~rthf°rk.net N.~.~. OFFICE OF PARKS RECRMTION AND HISTORIC PRESERI/ATION BEU~fiT LAKE ~I'ATE PARK FO BOX247 BAB~.ON, NY 11702.0247 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 21, 2009: .~: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "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 Densit~ Districts in thc Town of Southold" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Dcnsi ,ty Zoning Districts" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors South_old To.9..w.~Building Department S i gn at ure ,,,~ceTv/~. B,v~z. ,~/ Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: "~ '~~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M2.NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765~1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 RECEIVED OCT 2 2008 $ot~t~old Town Clor[ PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 21, 2009: 4:40pm: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in lhe Town of Southold" 4:45pm: "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 DensiW Districts in the Town of Southold" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts" Please sign the duplicate of this letter and retum to me at your earliest convenience in the self-addressed envelope. Thank you. tachments cc:Suffolk County Department of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold Town Assessors buthold ~own Building Dep~rtmen, t e,-Received ~/>/fl '-TA' / 3rlnt name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New.York 11971 Fax (631) 765-6145 Telephone (fi~ 1~. 7.~5-1800 southol~C~.[r~r~fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 OCT 1 2008 So,thold lown :lerk PI.EASE TAKE NOTICE that the Town Bo'ard of the Town of Southold will hold PUBLIC. HEARINGS on the proposed I.ocal Laws !isted below on October 21. 2009: ~.40pm; "A Local Law in Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "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" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Harfilet Business and ltamlet Densit~ Zoning Districts" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead }imai[: Southo[d Town Planning Board Southold l'own Assessors Southold ]own Building Department B,+ Please print namel 3 ' Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Tow~ B~ai-d of Appeals Date: , DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net R~:CEIV~:D SEP 3 0 2008 $outko~] Town CJei~. PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on October 21, 2009: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "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 Tmvn of Southold" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and ltamlet Density Zoning Districts" Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suflblk County Depart~nent of Planning Village of Greenport Town of Riverhead Email: Southold Town Planning Board Southold To~vn Assessors Southold Town Building Department Signature, Received By Please print name ~ Elizabeth A. Neville Town Clerk Long Island State Park Commission '[own of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Title: DUPLICATE TO BE SIGNED AND RETURAI~E SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMa~TION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southo]dtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 PI,EASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local I,aws listed below on October 21, 2009: _...~: "A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold" 4:45pm: "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" 4:50pm: "A Local Law In Relation to Open Space in subdivisions in the Hamlet Busines~.a~l. Hailalet Densi ,ty Zoning Districts" ~" ~'''' ~ v ~'~ Please sign the duplicate of this letter and return to me at your earliest convenience ir~e ~e~f-2~essed envelope. Thank you. Attachments cc: Suflblk County Department of Planning Village of Greenport Town of Riverhead Email: Southold To~vn Planning Board S~,ghold Town Assessols · /~o_ut)ao~d~Town Buildin~p~qm~. / Elizabeth A. Neville Town Clerk Southol~Town Clerk Signa~Received By Please print name Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: ~/Z ~/O,ff Title: .-"/~ ~,o ?~ L~re:/~ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Page 1 of l Cooper, Linda From: Jones, Martha Sent: Wednesday, September 24, 2008 12:51 PM To: Cooper, Linda Subject: RE: Notice of Public Hearings for 10/21/08 gotcha ..... Original Message From: Cooper, Linda Sent-' Wednesday, September 24, 2008 12:50 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; .]ones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notice of Public Hearings for 10/21/08 Please confirm receipt of this notice. Thank you. L/ da ,Z. Cooper' Deputy Town Clerk lown of Southold 631-765-1800 Life ma3' not be the party we hopedjor but as long as .,e 're here, we mtghts as *veil dance ' 9/24/2008 Page 1 of l Cooper, Linda From: Kowalski, Linda Sent: Wednesday, September 24, 2008 12:55 PM To: Cooper, Linda Cc: Cappabianca, Lucille Subject: RE: Notice of Public Hearings for 10/21/08 Receipt is confirmed of 3 Local Law PHs for 10/21/08. Thank you, ZI3A Town of Southold Office Location: 54375 Main Road (NFB Ist Floor) Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (63 I) 765-1809 (ext. 5011 at voice recording) fax (631 ) 765-9064 9/24/2008 Page 1 of l Cooper, Linda From: Randolph, Linda Sent: Wednesday, September 24, 2008 1:03 PM To: Cooper, Linda Subject: RE: Notice of Public Hearings for 10/21/08 notice received From: Cooper, Linda Sent: Wed 9/24/2008 12:49 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notice of Public Hearings for 10/21/08 Please confirm receipt of this notice. Thank you. L/ada J. ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe may not be the parl3~ lye hoped fon b ut as long ax we're here, we mtghts as well dance 9/24/2008 Page 1 of l Cooper, Linda From: Cantrell, Elizabeth Sent: Wednesday, September 24, 2008 1:08 PM To: Cooper, Linda Subject: RE: Notice of Public Hearings for 10/21/08 Hi Linda, Notices received, Thank you, Elizabeth Cantrell From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:50 PH To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linde; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notice of Public Hearings for 10/21/08 Please confirm receipt of this notice Thank you, Linde Z Cooper Deputy Town Clerk Town of Southold 631-765-1800 Life m~v not be the pari~ we hoped.['o~ b ut as long as we're here, we mights as well dance ! 9/24/2008 Page of l Cooper, Linda From: Bunch, Connie Sent: Wednesday, September 24, 2008 1:10 PM To: Cooper, Linda Subject: RE: Notice of Public Hearings for 10/21/08 Got it, thanks From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:50 PH To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalsk Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Hike; Webster, Kevin Subject: Notice of Public Hearings for 10/21/08 Please confirm receipt of this notice. Thank you. Linda ooper Deputy Town Clerk Town of Southold 631-765-1800 L~fe mai not be the party we hoped fi~r, but as long as we're here, we mights as well dancer 9/24/2008 Page 1 of l Cooper, Linda From: Reisenberg, Lloyd Sent: Wednesday, September 24, 2008 4:00 PM To: Cooper, Linda Subject: RE: Notices to Suffolk Times Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Iloyd. reisenberg@town.southold, ny. us 631.765.1891 From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:55 PM To: Corcoran, Kieran; Finnegan, Patricia; Neville, Elizabeth; Reisenberg, Lloyd; Woodhull, Ruthanne; Al Krupski; Louisa Evans (Ipevans@fishersisland.net); Russell, Scott; Thomas Wickham (wickhamthomas@yahoo.com); V Orlando (vincent.orlando@town.southold.ny.us); W. Ruland (rulandfarm@yahoo.com) Subject: Notices to Suffolk Times Attached hereto are copies of all the notices to be published in the Suffolk Times on 10/2/08 Lindn J. ooper Deputy Town Clerk Town of Southold 631-765-1800 Ltfe nl~ nol be lfle paro~ we hoped for but as long as u,e're here, lye mtghts as ~vell dancet 9/24/2008 Page 1 of l Cooper, Linda From: Cooper, Linda Sent: Wednesday, September 24, 2008 12:50 PM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Jones, Martha; Kowalski, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Verity, Mike; Webster, Kevin Subject: Notice of Public Hearings for 10/21/08 Attachments: LL ph design stand res. site.doc; LL PH open space in Subdiv. HB & HD.doc; LL PH Size limits HB & HD.doc Please confirm receipt of this notice. Thank you. Linda J. ooper Deputy Town Clerk Town of Southold 631-765-1800 L ire may not be the par~v we hopedfo~ but as long as we're here. we mights as well dance! 9/24/2008 #9016 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 2nd day of October1 2008. Principal Clerk Sworn to before me this ,a, o, ,,IOTARY pUSLIC-S'[ATE OF NEW YORK No. 01.V06105050 Qualified In Suffolk County LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to thc Town Board of thc Town of Southold. Suffolk County, New York~ on the 23rd day of Septem- ber, 2008, a Local Law entitled "A Lo- eel Law In Relation to Oven Soaee in s~bdivisions in the Hamlet Business and Hamlet Density Zo~n~ Districts' and NOTICE IS HEREBY FURIHER 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, Southold, New York, on the 21~t day o~ October, ~ at ~ p.m. at which time all inte~ ested persons will be given an opportu- nity to be heard. The proposed local law entitled, "A Local Law In Relation to Onen Soaee in subdivisions in 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 Densit~ Zoning Districts BE IT ENACTED BY the Town Board of the Town of Southold as fol- lows: Section 1. Legislative Intent The purpose of this Local Law is to require an open space set aside in sub- divisions in the Hamlet Business and Hamlet Density Zoning districts, iden- tical 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 Xl Cluster Development § 240-42. Authority and purpose. H. Design requirements for cluster development subdivisions. In addition to the other requirements of this chap- ter, 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 develop- ment 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 develooment must set aside a minimum vercentaee of buildeble lands as shown in the "O~en Space set-aside" column in the Schedule for Oven Svace. Buffers and Setbacks for Residential Site Plans at the end of Chapter 250, (3) Utility and open space easements may be included in the calculation of the minimum re- quired open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitution al or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect im- mediately upon filing with the Secretary of State. Dated: September 23, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suflblk County, New York, on the 23ra day of September, 2008 a Local Law entitled "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density Zoning Districts" 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, Southold, New York, on the 21st day of October, 2008 at 4:50 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to Open Space in subdivisions in 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- I 20, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set aside a minimum of 60% of the buildable lands as open space lands. (2) In the HD and HB Zoning Districts, a cluster subdivision development must set aside a minimum percentage of buildable lands as shown in the "Open Space set-aside" column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not eflbct 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. Dated: September 23, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON OCTOBER 2, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suf/blk Times TC's Bulletin Board Planning Dept. Town Board Members Building Department Town Attorney ZBA STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the o?.~-~ day of ~ ,2008, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place n the Town of Southold, Suflblk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: PH LL Open Space In subdivisions Sworn before me this o/q day of .~, ~c_ ,2008. Notary Pubhc LtNL;A o ,.~ NOTARY PUBLIC, State of i,, .... NO. 01CO4822563, Suffolk Count;f.. Term Expires December 31,20 Elizabeth A. Neville - Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 Re: Reso. No. 911 proposed Local Law in relation to "Design Standards for Res. Site Plans"; Reso.No. 912 proposed Local Law in relation to "Zoning Amendments to limit size of dwelling units"; Reso. 913 proposed Local Law in relation to "Open Space in subdivisions in HB & HD zoning districts. Andy Freleng Suffolk County Department of Planning PO Box 6100 Hauppauge,New York 11788-0099 Dear Mr. Freleng, The Southold Town Board at their regular meeting held on September 23, 2008 adopted the above resolutions. Certified copies of same are enclosed. Please prepare official reports defining the Dep[a~hnent's recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local laws have also been sent to the Southold Town Planning Board for their review. The date and time for the public heatings are 4:40; 4:45; & 4:50PM, Tuesday, October 21, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 24, 2008 Re: Reso. No. 911 proposed Local Law in relation to "Design Standards for Res. Site Plans"; Reso.No. 912 proposed Local Law in relation to "Zoning Amendments to limit size of dwelling units"; Reso. 913 proposed Local Law in relation to "Open Space in subdivisions in HB & HD zoning districts. Jerilyn B. Woodhouse, Chairperson Southold Town Planning Board Southold Town Hail 53095 Main Road Southold, New York 11917 Dear Ms. Woodhouse, The Southold Town Board at their regular meeting held on September 23, 2008 adopted the above resolutions. Certified copies of same are enclosed. Please prepare official reports defining the Board's recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local law have also been sent to the Suffolk County Planning Department for their review. The date and time for the public hearings are 4:40; 4:45; & 4:50PM, Tuesday, October 21, 2008. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney Southold Town Board - Letter Board Meeting of September 23, 2008 RESOLUTION 2008-914 ADOPTED Item # DOC ID: 4289 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-914 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2008: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Laws to the Suffolk County Pianninl, Department and the Southold Town Planning Board for their recommendations ami 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 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orrando, Krupski Jr., Wickham, Evans, Russell Generated September 24, 2008 Page 57 Southold Town Board - Letter Board MeeCting of September 23, 2008 RESOLUTION 2008-913 ADOPTED Item # DOC ID: 4288 THIS IS TO CERTIFY THAT THE FOLLOWI[NG RESOLUTION NO. 2008-913 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 23, 2008: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County. New York, on the 23rd day of September, 2008, a Local Law entitled, "A Local Law In 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 atbresaid Local Law at the Southold Town Hail, 53095 Main Road, Southold, New York, on the 21st day of October, 2008, at 4:50 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law In Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Densi ,ty 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 Generated September 24, 2008 Page 55 Southold Town Board - Letter Board Meeting of September 23, 2008 § 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 sho~vn in the "Open Space set-aside" column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3. APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, t<rupski Jr., Wickham, Evans, Russell Generated September 24, 2008 Page 56