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HomeMy WebLinkAboutTB-10/21/2008 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 October 21, 2008 4:30 PM A Regular Meeting of the Southold Town Board was held Tuesday, October 21, 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 October 21, 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. Judge Evans September 2008 2. Judge Price September 2008 3. Island Group Claim Lag Report 9/1/07 through 8/31/08 October 21, 2008 Page 2 Minutes Southold Town Board Meeting 4. Judge Bruer September 2008 5. Trustees Monthly Report September 2008 6. Budget Report August 31, 2008 September 30, 2008 7. Recreation Department Monthly Report September 2008 8. Program for the Disabled September 2008 9. Department of Public Works Monthly Report September 2008 10. Town Clerk Monthly Report September 2008 II. Public Notices 1. Town of Riverhead Code Amendments 1. Section 108-33 "Conditions for Approval" 2. Section 108-60 "Off Street Parking" 2. Scallop Season Set by Trustees Non-Commercial in Town Waters - Opens Monday, November 3, 2008 sunrise to sunset through Sunday 16, 2008 inclusive, except Hallocks Bay which is closed. Commercial and Non-Commercial - Monday, November 17, 2008 sunrise to sunset, through Tuesday, March 31, 2009 inclusive, except Hallocks Bay which is closed. 3. Renewals with New York State Liquor Authority The Broken Down Valise, 180 Pike St., Mattituck A Touch of Venice Restaurant, Mattituck October 21, 2008 Page 3 Minutes Southold Town Board Meeting III. Communications 1. Town Police Department Receives Gold Award 2008 Community Traffic Safety Awards Program IV. Discussion 1. 10:30 Am - Heather Lanza Discussion of Pending Local Laws (on for public hearing) 2. Southold Town Economic Summit 3. Budget 4. Request for Opening of Tee Lane 5. Deer Fencing 6. 10:00 A.M. - Rob Posner & Jeff Davoli AVZ Audit 7. CAC Request for Extension of Docks Moratorium 8. Gaurdrail at Island View Lane, Greenport 9. Waiver of Merger 10. Re-Appointment to Board of Assessment Review Cara Wells 11. Site Plan for SAVES, Inc. 12. Set Interviews - Board of Ethics 13. 12:00 P.M. - Melissa Spiro Potential Property Acquisition and value of Potential Purchase 14. 12:30 P.M. - LUNCH Special Presentation 4:30 P.M. - Antonia Booth Special Recognition Opening Statements October 21, 2008 Page 4 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance to the Flag. Thank you. Okay, before we get the meeting started, before I let people come to comment on the agenda, I just want to get a little ceremony out of the way. We actually have, as everybody probably knows, Antonia Booth is the Southold Town Historian extraordinaire, she was recently honored by the County of Suffolk, Suffolk County clerk Judith Pascale: “Whereas Antonia Booth is dedicated to maintaining the unique history of Suffolk County and continues efforts to raise public awareness of the documentary resources she preserves for the public’s use, Antonia Booth preserves archival collections, documenting the history of Southold that demonstrates the importance of archival records to every segment of society. The American archives month is an annual observance which celebrates the importance of archival and historical records to our lives.’ And what it basically says is ‘Resolved that I, Judith Pascale, Clerk of the county of Suffolk on behalf of the 1.5 million residents of the County of Suffolk do hereby commend th Antonia Booth by proclaiming the 14 day of October, 2008 as Antonia Booth Day in Suffolk County.’ And I wanted to have Toni come up, congratulations and again, on behalf Judith Pascale and I am going to call on Toni to say at least one or two words. She is my favorite public official. TONI BOOTH, SOUTHOLD TOWN HISTORIAN: Thank you very much, Scott. Thank you all of you, ladies and gentlemen. It is just a great honor but it also tickles me (inaudible) It was a big surprise to me. Thank you. SUPERVISOR RUSSELL: When Toni’s office was in the basement over here at Town Hall and I was an Assessor, I used to go downstairs and argue with her over who was the more important founding father, Alexander Hamilton or Thomas Jefferson. She is more Jeffersonian and I am more Hamiltonian. With that being said, would anybody like to come up and address any item as it appears on the agenda? We do have seven public hearings tonight, so if you want to comment on any of those subjects, you will be given an opportunity to do so. NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. On page 7, I was just curious. I know we are trying to save money, so I am curious, what does the amount for cleaning of the police department uniforms cost the town? Does anybody know? SUPERVISOR RUSSELL: The annual expenditure? I want to say about $25,000 in annual expenditure. That is a contractual obligation. It is part of the union town contract. MS. SAWASTYNOWICZ: When will their contract be due again? SUPERVISOR RUSSELL: I believe next year will be the third year of a three year contract, we will be negotiating again after that. MS. SAWASTYNOWICZ: So maybe we can have them do their own uniforms. That is a lot of money. SUPERVISOR RUSSELL: Yeah, it might be. It is not realistic though. If you look at contracts and the way they are settled or reviewed by PERB, if it goes that far, by an arbitrator. Generally October 21, 2008 Page 5 Minutes Southold Town Board Meeting speaking, contracts include dry cleaning costs. And that is a universal standard and I don’t think an arbitrator would review and remove that as an obligation of the town. But I, you know, I don’t want to speculate but generally speaking, I think there are much larger issues that mean more to the town in terms of savings to focus on. Thank you. Melanie? MELANIE NORDEN: Hi, Melanie Norden, Greenport. This refers to resolution 960. I wonder if you can tell me and also going forward in resolutions, I think it would be helpful for the public if you could include a dollar amount. Particularly if we are discussing expenditures, that refers also to what Nancy was just saying, when we are reading through the resolutions or when we look on line, it would be good to know what we are talking about in terms of money. Anyway, I know that in the original documents, in the resolution about this bond of $850,000 that was approved sometime ago regarding the Solid Waste Management district. The word that was used for, was not a building, the word was shelter, for the compost bagging shelter. And I wonder if you could tell me what the cost of the building is, proposed now in resolution 960? SUPERVISOR RUSSELL: If I am not mistaken, that is the very intent, both in the resolution that she had just commented on, was to get bids. We couldn’t pose the dollar amount unless those bids come in, which is the issue on the dry cleaning. In your case, if I am not mistaken, we are looking for bids for the construction of a shelter. We won’t know until…. MS. NORDEN: Okay. But originally we talked about a shelter, not a building. SUPERVISOR RUSSELL: Right. MS. NORDEN: And we are looking, we have already appropriated a certain amount of money in the bond and the last time we met on that, you were pretty clear about what the costs were. SUPERVISOR RUSSELL: What we had at the time… MS.NORDEN: For the trammel screen and that was all in one sort of grouping, where we had some costs and where the bond itself, I presume, was approved. So I just wondered, we didn’t approve a cost for the shelter during that time? SUPERVISOR RUSSELL: No. MS. NORDEN: No, we didn’t. SUPERVISOR RUSSELL: No. What we have is we have the gentleman who runs the facility had come to us and looked for shelter and storage needs for several different components. What we had suggested, what I suggested to him was, see if you can get all your needs done in one structure. Get us a price and come back to us to see if it is something that we can afford. But it is not just sheltering for the baggage, it is the sheltering for the bags that we now store on site, next door, it is a couple of things. Rather than do it on a piecemeal approach, come back with one figure to see if we can get our arms around it. October 21, 2008 Page 6 Minutes Southold Town Board Meeting MS. NORDEN: Okay because I didn’t read that in that resolution that was passed sometime in May. It said a compost bagger and shelter. I didn’t read that there was going to be separate buildings purchased and or constructed. SUPERVISOR RUSSELL: The bond, okay, the bond, if we were going to build that shelter, the bond would cover the cost of that structure. MS. NORDEN: I know but it wasn’t itemized or I don’t believe in the bond. At least in the resolution. I mean, I can go back and take a look at that original resolution but I don’t think we itemized either the construction, the construction of building. We talked about a purchase of a compost bagger and shelter. SUPERVISOR RUSSELL: Right. MS. NORDEN: So now we are saying that we are going to, what? Purchase or construct a building? SUPERVISOR RUSSELL: We are going to get a bid to see what the cost would be. MS. NORDEN: But that was actually not part of the original bond, was it? SUPERVISOR RUSSELL: Well, the original bond called for a bagger and a shelter. Wouldn’t that be the shelter? MS. NORDEN: It calls for a compost bagger and a shelter which presumably if you read it that way would mean you were essentially approving a shelter for a compost bagger. It did not say compost bagger comma and shelter comma and whatever. So I approved, I assumed this is some kind of lean-to arrangement under which you put a compost bagger. Now in this resolution, we are actually purporting a building for a number of extra purposes that don’t appear to have been itemized in the resolution or the bond that you approved back in May or June or whenever that was. So I am asking for clarification because I didn’t see any indication that we were going to be constructing yet another building at the landfill. SUPERVISOR RUSSELL: Tom? COUNCILMAN WICKHAM: I think there is a question about whether purchase of a building means construction of a shelter. SUPERVISOR RUSSELL: Right. COUNCILMAN WICKHAM: And it depends on what the bid specs call for and I haven’t seen those bid specs. MS. NORDEN: Yeah but what is the intent of, I know that you are on that committee, is it the committee’s intent to purchase, by purchase a building do you mean a pre-fab structure? October 21, 2008 Page 7 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: That would be, what we are trying to do is determine whether we should have a private contractor build it or whether we can build it in house. They have pre-fab structures now that would provide shelter for that compost bagger and perhaps storage of the other needs. We can scale it back based on bidding but we don’t what, we need a shelter plain and simple. We need a shelter. Can we perhaps make the shelter a little bit larger to absorb the storage of the bags next door and save that money? That is what we will find out when the bidding comes back. But this is for a building that hopefully would be able to be constructed by the Town of Southold. MS. NORDEN: Right. But I am still arguing the fact that it didn’t appear in that resolution or the wording of that resolution… SUPERVISOR RUSSELL: Shelter is… MS. NORDEN: …that we are in any way going to be constructing a building. It says compost bagger and shelter. No comma. SUPERVISOR RUSSELL: It is a lot of discussion for the distinction between the words shelter and building. Is that what this is? MS. NORDEN: No, I am distinguishing the difference between shelter for a compost bagger and yet another building at the landfill that will have various purposes. Constructing a building is very different than having a lean-to shelter for a compost bagger. SUPERVISOR RUSSELL: They will both have to be constructed. So what we should do is if you would like, come in tomorrow and we will sit down and go over bid specs and show you exactly what the proposal is from the Solid Waste District. COUNCILMAN WICKHAM: But the Town Board… MS. NORDEN: What, but I mean, you are on that committee, so what did the Solid Waste district… COUNCILMAN WICKHAM: You and I were both on this, and it is our understanding that this is going to be a shelter for the bagger, the way the resolution reads is ‘purchase of a building’… MS. NORDEN: Right. COUNCILMAN WICKHAM: It is my understanding that this is going to be a shelter for the bagger. That is my understanding. But I would have to look at the bid specs and see exactly what it provides for. COUNCILMAN ORLANDO: The intent of the building is not going to be a solid structure of brick or cement. The intent is probably more a type of metal building, where we can purchase October 21, 2008 Page 8 Minutes Southold Town Board Meeting the building as a kit and as the Supervisor said, that we might get an outside builder to do it or we might do it in house. It is also to house some of the things we just talked about as well as Jim has about three or four old trailers down there that are no longer road worthy but he uses them for storage. Now they are leaking and they are ruining everything that is inside of it. So it is going to cost us money in the long run through what is being ruined in the trailers. He wants to move some of that equipment also into this building. So it is a utility building for multiple things, not… MS. NORDEN: Right but that is really not what was in the resolution or in the bond. So I am just saying, we had some discussion about that at the time, there was a large discussion about that we needed much of this equipment to (inaudible) and be competitive in the open market. In our new budget we are basically projecting less revenue for the landfill over the next couple of years than more revenue that raises much larger issues. I mean, the issue frankly for me is, when are we at the point of examining whether we need to privatize? Because this becomes almost like the, you know, the monkey and the large elephant in the room. The monkey around the corner. It just seems that every time we go forward we have some new expenses at the landfill without an incentive, apparently, to generate revenue except from our pocketbooks. So we talked about this a lot, we talked about various revenue generating opportunities. We talked about the fact that we needed this equipment to generate, to show revenue, to be competitive. Now we projected less revenue, so at some point, I truly believe that with respect to the landfill, we really have to take a hard, cold look at the fact that if we are projecting less revenue maybe we need to get out of the trash business if we can’t be competitive or if we are too small to compete in this market rather than constantly becoming, coming forward to the public with more expenses. A shelter for a compost bagger is a whole lot different than a separate building that might or might not be constructed, that might or might not be pre-fab, that might have extra old trailers that…. SUPERVISOR RUSSELL: Do you understand that the reasons for the bagger is to produce revenue? MS. NORDEN: Yeah. Except that we projected less revenue. SUPERVISOR RUSSELL: We projected less…. MS. NORDEN: Over the next couple of years. SUPERVISOR RUSSELL: No. Nobody projected revenue over a few years. We only projected revenue for next year. There is no multi-year projection of revenue. MS. NORDEN: Alright. Fine. SUPERVISOR RUSSELL: And there really is only a decrease in one area and that would be construction debris which is predicated on a building market. There is no construction that we can count on over the next year. That is the only area where we have really seen a loss, which is the construction debris that gets received by the landfill. Now the bagger, the reason for the October 21, 2008 Page 9 Minutes Southold Town Board Meeting bagger is to start producing a product that can be sold easily to the public to produce more revenue. We can bid it out as a lean-to or construct a lean-to but a bagger by its definition requires that we have bags and that would require storage of those bags. While we are storing those bags, we might as well store the bags that people buy every day so that we don’t have to pay a facility next door to store them for us. That makes fiscal sense but you know, I would be glad to revisit the issue with you. We certainly spent quite a bit of time on it through budget hearings. MS. NORDEN: Okay. Well, I certainly would like to hear more. I am just pointing out the discrepancy that I view between the resolution, the bond language and whether in fact your plans presumably, currently are. My other question had to do with resolution 980, the Heaney property in Greenport. And I wonder if you could tell me, this came up at the last meeting, if you could A number one tell me if any of these properties are in fact buildable. I know that there is a great deal of wetlands on this property and what we are really talking about in terms of, if we are preserving the property, what amount of money are we actually taking off the tax rolls with respect to this property? SUPERVISOR RUSSELL: Okay, this… MS. NORDEN: These several parcels under this resolution. COUNCILMAN KRUPSKI: The one parcel in Greenport, I believe would be buildable, at least one lot possibly two. MS. NORDEN: Okay. COUNCILMAN KRUPSKI: I don’t know about the tax, I think we discussed it at the work session. SUPERVISOR RUSSELL: The taxes on that eight acre parcel are about $500 a year. MS. NORDEN: Well, they can’t be, are they buildable lots? SUPERVISOR RUSSELL: That would be subject to several jurisdictions to decide. MS. NORDEN: Right. SUPERVISOR RUSSELL: It would Albert’s trustee opinion, suggestion might be able to get one building lot, perhaps two. MS. NORDEN: Right. Because people, it is actually right in my neighborhood and a number of people in the neighborhood have queried whether any of the parcel is buildable given the fact that there is such a concentration of wetlands in that area. So I am asking, if there aren’t buildable lots and if no one can build on it, we might want to consider perhaps not preserving it and preserving other pieces of property where in fact there could be building. October 21, 2008 Page 10 Minutes Southold Town Board Meeting COUNCILMAN KRUPSKI: No, this is preservation at no cost to the Town. MS. NORDEN: I understand that. Well, the cost is always the cost of taking the property off the tax rolls. COUNCILMAN KRUPSKI: Right. MS. NORDEN: But I am just asking whether in fact, I guess there is no answer, a clear answer about whether any portion of this property has a buildable lot on it. COUNCILMAN KRUPSKI: I believe it is. That is just my opinion, that is without the people going through, you know, people going through the regulatory process. The parcel in Mattituck, probably not buildable. However, it does have one access to the water for the public potential, to potential for some sort of drainage remediation. Right now there is just the basic pipes from the highway going into Deep Hole creek. So, we have potential there to do some sort of remediation for stormwater. Basic, simple system. But something. MS. NORDEN: Thank you. COUNCILMAN ORLANDO: And the taxes on that small piece in Mattituck was about $110. MS. NORDEN: Right. I wasn’t querying the Mattituck piece. I was querying the Greenport piece. But thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? BENJA SCHWARTZ: Good evening, Scott. How are you doing? In relation, Benja Schwartz, Cutchogue. In case any of you don’t recognize me tonight. In relation to what the previous speaker just said, I have heard a lot being said about that issue. I would just like to point out that if you have preserved land, wild land, normally there is not a lot of services required to service that land and therefore very little tax money is required to service that land. The more people, the more tax dollars. And every buildable lot, yes, we get a few more dollars into the kitty but the balance is we are getting more dollars going out. So the more we limit development, in general, in a rural setting, the lower the taxes will be, in property tax. About the bagger, you know, I haven’t really gotten too involved but last you know, the 500 pounds of free compost that they have been giving away, is that going to continue? SUPERVISOR RUSSELL: Yes. MR. SCHWARTZ: That will continue? Okay. COUNCILMAN ORLANDO: So you can pick it up in the bags now, if you don’t have a pickup truck. October 21, 2008 Page 11 Minutes Southold Town Board Meeting MR. SCHWARTZ: Oh, yeah? COUNCILMAN ORLANDO: Which will be a nice service to the people in the town. MR. SCHWARTZ: And you will get the bags free? It will come in the bags free? That is nice. COUNCILMAN ORLANDO: Yes. MR. SCHWARTZ: Okay. You know, I don’t understand either why the building should have been part of the one vote when it was voted to spend $70,000 on the bagger, we didn’t have a place, I mean, my wife keeps telling me when I go to yard sales, you know, where are you going to put all this stuff. You are supposed to figure that out first, right? the real, one thing I just wanted to speak about it on page 7, the waiver law that is proposed, the changes in the waiver law. And I am not trying to but I think they, the text that is crossed out is text that is being eliminated, that is currently part of the law but will be eliminated and I don’t understand why the last line, that there will not be a substantial filling of land affecting nearby environmental or flood areas. It seems to me that would be a good reason to deny a waiver… COUNCILMAN WICKHAM: 2 C on the previous page takes that place. MR. SCHWARTZ: Okay. That replaces that? COUNCILMAN WICKHAM: Mmmhmm. MR. SCHWARTZ: Okay. So that is the substitute… COUNCILMAN WICKHAM: That is right. that is the substitute. MR. SCHWARTZ: So, I am not as sure, it is not as clear and specific language. I like to have the specifics. But okay. But…. COUNCILMAN KRUPSKI: I think we spent about 800 hours working on the language for this very simple change. MR. SCHWARTZ: Well, I hope that it works out. I just hope you realize that it is a substantial down zoning of the residential neighborhoods in town. And the fact that people say these are pre-existing lots but they are not, if the area was zoned one acre and you know, these lots are less than that in size, in effect you are changing the zoning of the acre to conform with the existing building there which is not always the best way, it is not the best way, it is not, zoning in general legislation should be forward thinking not reverse and you are actually going, now the reason for the waiver of lots is to eliminate non-conforming uses. And this law is actually you know, going to establish some new non-conforming uses in it. SUPERVISOR RUSSELL: It does nothing of the sort. It just brings clarity to a law that has been around for 15 years. October 21, 2008 Page 12 Minutes Southold Town Board Meeting MR. SCHWARTZ: What? SUPERVISOR RUSSELL: It brings clarity to a law that has been around for 15 years. MR. SCHWARTZ: Okay. I hope it works out. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the specific agenda items? PETER MEEKER: Peter Meeker, Southold resident and member of the Energy Committee. I would like to enter a comment on the design standards and regulations, for residential site plans. SUPERVISOR RUSSELL: You know what? We will have a public hearing on that in the near future. I would ask you to reserve your comments so when we get to that hearing, we can take all of that information then. MR. MEEKER: Okay. COUNCILMAN ORLANDO: That will be tonight. SUPERVISOR RUSSELL: Yeah, that will be in a little while, after we get done with the regular business. Would anybody else like to address the Town Board on the agenda items? PETER TERRANOVA: Good evening, Peter Terranova from Peconic. I have a question on the resolution 2008-964 on the SEQRA for the Bittner property. The expense to remove the dwelling and the bulkhead there, where is that funding going to come from? Is that from the Land Preservation fund? SUPERVISOR RUSSELL: That is a joint project with the County of Suffolk. It is my understanding we would expect to get the funds from the County of Suffolk for the removal of both. MR. TERRANOVA: The entire funds? SUPERVISOR RUSSELL: That would be our hope. But they are in a fiscal crisis just like the rest of us, so that is my assurance from the Department of Public Works. COUNCILMAN KRUPSKI: There is, of course, the grant. JIM McMAHON, DIRECTOR OF PUBLIC WORKS: That is 100 % paid for by a grant from New York State. SUPERVISOR RUSSELL: Oh, New York State. Oh, they are not hurting financially, so that will come through. Yeah, that would be… October 21, 2008 Page 13 Minutes Southold Town Board Meeting MR. TERRANOVA: And then if that funding doesn’t come through? SUPERVISOR RUSSELL: Then those items stay. MR. TERRANOVA: Pardon me? SUPERVISOR RUSSELL: Then those items would stay, I would assume. MR. TERRANOVA: Oh, okay. Alright. Moving forward to the SEQRA on the Goldsmith jetty. The DEIS, is that the full environmental impact statement? I am not familiar with the D designation. SUPERVISOR RUSSELL: The draft environmental impact statement. MR. TERRANOVA: Okay. Very good. And the positive declaration, the definition of a positive declaration? COUNCILMAN KRUPSKI: It means it could have, it is sort of the way the SEQRA laws written, it could have a negative effect on the environment, if you give it a positive declaration. It is a positive declaration of environmental significance. MR. TERRANOVA: Okay. COUNCILMAN KRUPSKI: So, I don’t know what lawyer wrote that but that is the way it came out. TOWN ATTORNEY FINNEGAN: More likely than not. MR. TERRANOVA: Further on that same resolution, the DEIS, the expense. Who is going to conduct that? SUPERVISOR RUSSELL: To complete that SEQRA process? MR. TERRANOVA: No, to do the, well, to do the DEIS? Is that going to be… SUPERVISOR RUSSELL: Southold town. Southold town would be paying for that and we would be hiring or the consultant to finish the work that was started under the SEQRA review. MR. TERRANOVA: Okay. Do we have a budgeted line item for that and how much is that expected to cost? SUPERVISOR RUSSELL: Pat, did we, I think that was already included in the $40,000. The $40,000 that we have already allocated to the consultant. October 21, 2008 Page 14 Minutes Southold Town Board Meeting MR. TERRANOVA: Okay. Now that was paid for by a grant, wasn’t it? From Suffolk county? COUNCILMAN WICKHAM: New York. TOWN ATTORNEY FINNEGAN: I think what we said was if the $40,000 was paid for by the Town it can go toward our portion of the match, for the grant for the project. SUPERVISOR RUSSELL: For the work. Yeah, the idea is that we paid for the study because we paid that money, we can use that as a future cash commitment to qualify for grant money, should that work continue. In other words, if the state offers us $400,000 provided we contribute $400,000, we can take that $40,000 and count that towards our $400,000 contribution. MR. TERRANOVA: Okay. SUPERVISOR RUSSELL: In kind match. MR. TERRANOVA: Of that $40,000 how much has been spent so far? SUPERVISOR RUSSELL: That is, I don’t know. I am not up for the billing. MR. TERRANOVA: What I am trying to arrive at here is going forward on a marginal basis, okay, we are now going forward with the DEIS so how much extra is the DEIS? COUNCILMAN WICKHAM: We asked that question this morning and the ballpark figure that we heard was that roughly 1/3 had been spent, as a ballpark. MR. TERRANOVA: One third of the $40,000? COUNCILMAN WICKHAM: Yeah. MR. TERRANOVA: Okay. So… COUNCILMAN WICKHAM: Roughly. MR. TERRANOVA: And the DEIS going forward, how much is that going to entail? SUPERVISOR RUSSELL: That is going to be, in terms of cost? This is a $40,000 project. COUNCILMAN WICKHAM: The remaining two thirds. SUPERVISOR RUSSELL: Yeah. MR. TERRANOVA: The remaining two thirds. Okay, is that prudent to spend that money at this point? October 21, 2008 Page 15 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Yes. MR. TERRANOVA: Given the fact that, if you…. SUPERVISOR RUSSELL: Yes. MR. TERRANOVA: Let’s make the assumption that you are going to arrive at a resolution where you go forward with the project, okay, that is going to then involve another $400,000 plus. SUPERVISOR RUSSELL: No. The SEQRA process is an independent environmental review of the proposal. MR. TERRANOVA: I understand. SUPERVISOR RUSSELL: It was designed, in fact, I was strident about keeping that moving forward this morning for the very reason I met with you on several weeks ago because that is the public component you want. MR. TERRANOVA: I do appreciate… SUPERVISOR RUSSELL: That is the opportunity that we can take all of that information that you brought to us and make that part of the process now. the completion of the SEQRA and the EIS is not suggesting that we are going to commit to spending $400,000 or $4 to do anything next year but we do have to complete that process, it is a fact finding mission and I think we need to do it for that very reason. In no way and I think Albert had said specifically this morning, he will continue, he will support finishing that with an understanding that it does mean the Town right now is going to contribute or commit $400,000 for the removal of those stones. MR. TERRANOVA: I understand that and by the way, I do want to compliment you on following through on your commitment here, to go forward with the DEIS, however, given the Town’s budget situation or fiscal situation going forward, okay, why spend any money now, okay, unless there is an intent of spending of raising the $400,000? COUNCILMAN KRUPSKI: We had a prolonged discussion about that this morning and the consensus was… MR. TERRANOVA: You can always table this and come back to it at some later date. COUNCILMAN KRUPSKI: The consensus was we didn’t want to change the horse in mid stream, we are already in the middle of it. MR. TERRANOVA: But we are talking about tax payers money here. SUPERVISOR RUSSELL: Well, what you are talking about is throwing away the third we have just spent then. To culminate in nothing. I think it is more fiscally prudent to complete that October 21, 2008 Page 16 Minutes Southold Town Board Meeting work, get the information done, completed. Get your comments and everybody’s input into that draft document so the Town Board has good guidance as we move forward. I think that is the best course of action. MR. TERRANOVA: Okay. I just respectfully disagree in so much as the fact that, you know, why spend any money now? Nothing is going to change, nothing is going to go away, you can always revisit this a year or two years down the road, okay? You can even put the money in escrow and let it earn some interest. But the point is, why spend any money at this stage of the game if there is not the intent or, as I said, let’s assume that you go through the DEIS and you say, okay, we are going to go forward. Then you still got to go and spend the extra, you know, the extra part of the balance and you know, I would love to have that put up for a, you know, put up for a vote right now. I don’t think that there would be a great deal of support for spending that kind of money to return land to the sea, so you know, why do it? Those are my comments. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on the agenda items? I would just ask if you do use that side of the room, could you please talk as directly into the microphone as possible? V. Resolutions 2008-946 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit October 21, 2008 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby October 21, 2008. ? Vote Record - Resolution RES-2008-946 ? 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 2008-947 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Meeting November 5, 2008 7:00 Pm October 21, 2008 Page 17 Minutes Southold Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Wednesday, November 5, 2008 at the Southold Town Hall, Southold, New York at 7:00 P. M.. ? Vote Record - Resolution RES-2008-947 ? 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 2008-948 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Budget Review Work Session on Thursday, October 23, 2008 at 10:00 AM RESOLVED budget review work that the Town Board of the Town of Southold will hold a session on Thursday, October 23, 2008 at 10:00 AM at the Southold Town Hall, Southold, New York. ? Vote Record - Resolution RES-2008-948 ? 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 2008-949 CATEGORY: Set Meeting DEPARTMENT: Town Clerk A Special Town Board Meeting Will be Held, Monday, October 27, 2008 at 9:00 AM RESOLVED a Special Town Board Meeting that of the Southold Town Board be held, Monday, October 27, 2008 at 9:00 AM at the Southold Town Hall, Southold, New York, for the purpose of approving the 2009 Preliminary Budget and 2009 Preliminary Capital Budget. October 21, 2008 Page 18 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-949 ? 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 2008-950 CATEGORY: Enact Local Law DEPARTMENT: Town Attorney Enact Merger Law WHEREAS, there was presented to the Town Board of the Town of Southold, Suffolk County, th “A Local Law in relation to New York, on the 12 day of August, 2008 a Local Law entitled Amendments to the Waiver Provisions of the Merger Law” now, therefore, be it RESOLVED that the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the th day of September, 2008 at 7:35 p.m. 9 at which time all interested persons were given an opportunity to be heard. “A Local Law in relation to Amendments to the Waiver The proposed Local Law entitled, Provisions of the Merger Law” reads as follows: LOCAL LAW NO. 14 of 2008 “A Local Law in relation to Amendments to the Waiver Provisions of A Local Law entitled, the Merger Law” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - The purpose of this amendment is to provide an additional path by which owners of lots deemed “merged” may apply to waive those mergers under certain circumstances. II. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: October 21, 2008 Page 19 Minutes Southold Town Board Meeting § 280-11. Waiver of merger. A. If a lot has merged pursuant to the provisions of Section 280-10, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing and finding that: (1) The lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected; and The waiver will not result in a significant increase in the density of the neighborhood. (2) Upon balancing whether: (a) The proposed waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood; (b) The lot proposed to be recognized is vacant and has historically been treated an maintained as a separate and independent residential lot since the date of its original creation; and (c) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district. The waiver would recognize a lot that is consistent with the size of lots in that neighborhood. (3) The waiver will avoid economic hardship. (4) The natural details and character of the and the character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2008-950 ? 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 Seconder ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded October 21, 2008 Page 20 Minutes Southold Town Board Meeting 2008-951 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk 2009 Yearly Town Bids RESOLVEDhereby authorizes and directs the that the Town Board of the Town of Southold Town Clerk to advertise for bids for the following items for 2009: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Sand for the Highway Department Removal of Scrap Tires from the Transfer Station Town Brown Leaf Bags Town Yellow Garbage Bags Motor Oil and Grease Removal of Electronic Waste (E-Waste) ? Vote Record - Resolution RES-2008-951 ? 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 2008-952 CATEGORY: Budget Modification DEPARTMENT: Police Dept Budget Modification - Police Fiscal Impact: Transfer of funds to pay mediator hired to counsel employees RESOLVEDmodifies the 2008 Whole that the Town Board of the Town of Southold hereby Town budget as follows: October 21, 2008 Page 21 Minutes Southold Town Board Meeting From: A.3120.4.600.200 Police Officer Training $1,750.00 A.3120.4.600.250 FI Training 1,500.00 To: A.1010.4.500.200 Labor Relations $3,250.00 ? Vote Record - Resolution RES-2008-952 ? 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 2008-953 CATEGORY: Attend Seminar DEPARTMENT: Planning Board Grant Permission to Certain Members of the Planning Board and Planning Department to Attend Suffolk County Planning Federation’s 2008 Autumn Planning Conference in Holtsville, NY, on October 23, 2008 RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Planning Board Members Martin Sidor, Ken Edwards and Joseph Townsend, Principal Planner Mark Terry, Planners Scott Hilary and Tamara Sadoo, Senior Planner Kristy Winser, Planning Director Heather Lanza, Zoning Board of Appeal members Leslie Weisman and Ruth Oliva to attend Suffolk County Planning Federation’s 2008 Autumn Planning Conference in Holtsville, NY, on October 23, 2008 ; only expenses will be for travel which will be in town vehiclesor mileage will be a legal charge against the 2008 Planning Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-953 ? 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 2008-954 CATEGORY: Attend Seminar October 21, 2008 Page 22 Minutes Southold Town Board Meeting DEPARTMENT: Building Department Seminar- Building Dept RESOLVED grants permission to that the Town Board of the Town of Southold hereby Building Permits Examiner Patricia Conklin, Building Inspector George Gillen and Building Permits Examiner Damon Rallis to attend a seminar on Zoning and Planning in Holtsville, New York, on October 23, 2008. All expenses for registration and travel to be a legal charge to the 2008 Building Department budget (meetings and seminars). ? Vote Record - Resolution RES-2008-954 ? 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 2008-955 CATEGORY: Budget Modification DEPARTMENT: Town Clerk Budget Modification for Records Management Grant - NYS Archives Fiscal Impact: This budget modification is necessary to appropriate the funds from the NYS Archives Records Management Grant into the proper budget line in order to expend the funds. RESOLVEDmodifies the 2008 General that the Town Board of the Town of Southold hereby Fund budget as follows: To: Appropriations: A.1460.4.400.400Records Management Consulting Services $16,920.00 Revenues: A.3089.00Records Archive Grant $16,920.00 October 21, 2008 Page 23 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-955 ? 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 2008-956 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to Oysterponds School to Use Certain Roads for Its Halloween Parade in Orient on Friday, October 31, 2008 Beginning at 2:00 PM RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Oysterponds School to use the following route for its Halloween Parade in Orient on Friday, October 31, 2008 beginning at 2:00 PM : Oysterponds School to Village Lane to Orchard Street to Tabor Road ending back at the school, 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-2008-956 ? 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 2008-957 CATEGORY: Authorize to Bid DEPARTMENT: Town Clerk Advertise for Bids FI Drydocking Race Point grants permission to the RESOLVED that the Town Board of the Town of Southold hereby Fishers Island Board Commissioners to advertise for bids for the dry docking of the vessel October 21, 2008 Page 24 Minutes Southold Town Board Meeting Race Point. The dry docking and associated work should be accomplished during the month of January, 2009 and must be completed by February 18, 2009. Bids will be opened at the monthly meeting on November 19, 2008. ? Vote Record - Resolution RES-2008-957 ? 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 2008-958 CATEGORY: Budget Modification DEPARTMENT: Solid Waste Management District SWMD Budget Modification RESOLVEDmodifies the 2008 that the Town Board of the Town of Southold hereby Solid Waste Management District budget as follows: From: SR 1490.1.100.100 (Administration-Regular Earnings) $ 160.55 To: SR 1490.1.100.200 (Administration-Overtime Earnings $ 160.55 ? Vote Record - Resolution RES-2008-958 ? 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 2008-959 CATEGORY: Refund DEPARTMENT: Solid Waste Management District SWMD Payment Refunds October 21, 2008 Page 25 Minutes Southold Town Board Meeting RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby refunds be made in the amount of $19.70 to the North Fork Animal League and $19.20 to Schiller Plumbing & Heating in the amount of $19.20 for overpayment on their respective tip fee accounts with the Solid Waste District. ? Vote Record - Resolution RES-2008-959 ? 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 2008-960 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District SWMD Bid on Bag System Shelter RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to advertise for bids for the purchase of a building to house the new compost bagging system to be supplied to the Solid Waste District, all in accordance with specifications provided by the Solid Waste Coordinator. ? Vote Record - Resolution RES-2008-960 ? 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 2008-961 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Promote FIFD Deckhand to Ferry Captain October 21, 2008 Page 26 Minutes Southold Town Board Meeting WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 15, 2008 meeting to promote Jesse Marshall from Deckhand to Ferry Captain retroactive to September 17, 2007, and WHEREAS the Town Board of the Town of Southold is required to approve promotions of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDpromotes Jesse Marshall that the Town Board of the Town of Southold hereby from the position of Deckhand to Ferry Captain, effective September 17, 2007. ? Vote Record - Resolution RES-2008-961 ? 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 2008-962 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Terminate Employment of FIFD Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 15, 2008 meeting to terminate the employment of Deckhand James G. Traub effective October 15, 2008, and WHEREAS the Town Board of the Town of Southold is required to approve the termination of employment for employees of the Fishers Island Ferry District, now therefore be it RESOLVEDterminates the employment that the Town Board of the Town of Southold hereby of Deckhand James G. Traub, employed by the Fishers Island Ferry District, effective October 15, 2008. October 21, 2008 Page 27 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-962 ? 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 2008-963 CATEGORY: Employment - FIFD DEPARTMENT: Accounting Promote FIFD Part-Time Deckhand WHEREAS the Board of Commissioners of the Fishers Island Ferry District adopted a resolution at their October 15, 2008 meeting to promote Raymond G. Lefevre from the part time position of Deckhand to the full time position of reservationist/ticket agent (Note: Civil Service title is Purser (Fishers Island Ferry District)) effective November 1, 2008, at a salary of $14.00, further resolving to increase said salary after completion of a successful trial period of 3 months to $15.00 effective February 1, 2009, and WHEREAS the Town Board of the Town of Southold is required to approve promotions of employees of the Fishers Island Ferry District, now therefore be it RESOLVEDpromotes Raymond G. that the Town Board of the Town of Southold hereby Lefevre from the part time position of Deckhand to the full time position of Purser (Fishers Island Ferry District) effective November 1, 2008, at a salary of $14.00 , and be it further RESOLVEDincreases the salary of that the Town Board of the Town of Southold hereby Raymond G. Lefevre, Purser (Fishers Island Ferry District), to $15.00 per hour effective February 1, 2009. October 21, 2008 Page 28 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-963 ? 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 2008-964 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQR Bittner Property WHEREAS , the Town Board of the Town of Southold (the “Board”) caused to be prepared its “significant Local Waterfront Revitalization Program in 2004, which noted the subject site as a opportunity to provide additional or enhanced public access and recreational opportunity…”, and WHEREAS , the subject site is within the Long Island North Shore Heritage Area, an area “…preserve, protect and showcase the extensive cultural, natural and recreational designated to resources that make our area unique ”, and WHEREAS , the Board intends to implement the recommendations of these two plans, and the project will help to advance the goals of the Town, and WHEREAS , the Board obtained ownership of the subject parcel for the express purpose of implementing the above recommendations, and WHEREAS , the Board, with the assistance of the Town Department of Public Works, has designed a plan to develop the subject site as a passive public open space, after the existing structures and bulkhead are removed, and WHEREAS , the project will help to reestablish a natural pattern of beach deposition on-site, updrift and down drift of the site, and October 21, 2008 Page 29 Minutes Southold Town Board Meeting WHEREAS , the Board has the authority to effect the proposed Bittner Preserve Open Space Project, subject to required permits at the Town and other levels of government, and WHEREAS , the Board caused to be prepared Environmental Assessment Forms (EAF) Parts 1 and 2, which describe this proposed plan and analyze its potential environmental impacts, and WHEREAS , since the Board assumed lead agency status under the New York State Environmental Quality Review Act (SEQRA) pursuant to Title 6 of the New York Code of Rules and Regulations (6 NYCRR) Part 617.6(b)(1), and WHEREAS , the Board of the Town of Southold found that the Bittner Preserve Town Open Space Project is an Unlisted action pursuant to 6 NYCRR Part 617.6(b)(1)(i), and WHEREAS , after review of the EAF Part 1 and 2, the Board found that it did not appear that the proposed action would cause significant adverse impacts since it advances the goals of the Town, does not involve adverse impacts to natural resources, and will restore the property to more natural conditions, and WHEREAS, the Board found it prudent to take a further “hard look” at the proposed action and thereby prepared an Expanded EAF, which included a more detailed description of the proposed action and additional analyses of its potential impacts (both adverse and beneficial), and WHEREAS, the Board has completed its review of the Expanded EAF, and has determined that the proposed action would not result in any significant adverse impacts to the environment, NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Southold hereby concludes that, based upon its review of the above-noted documents, the proposed action will not result in potentially significant adverse environmental impacts; and be it October 21, 2008 Page 30 Minutes Southold Town Board Meeting FURTHER RESOLVED,adopts a NEGATIVE that the Town Board hereby DECLARATION pursuant to SEQRA andChapter 44of the Town Code , and be it FURTHER RESOLVED , that the Board authorizes the Town Clerk of the Town of Southold to file this resolution and the Expanded EAF with the following entities: Town of Southold, Supervisor’s Office Town of Southold, Town Clerk Town of Southold, Planning Board Town of Southold, Town Trustees Suffolk County Dept. of Public Works Suffolk County Department of Parks, Recreation & Conservation NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook Environmental Notices Bulletin NYS Dept. of State US Army Corps of Engineers Parties of Interest Officially on Record with the Town Clerk (if applicable) ? Vote Record - Resolution RES-2008-964 ? 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 2008-965 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Accounting Engage Albrecht, Viggiano Zureck & Co. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott Russell to execute an engagement letter with Albrecht, Viggiano, Zureck and Company, P.C. in connection with the Single Audit of the Town of Southold and for the audit of the Southold Town Justice Court as required by the New York State Office of Court Administration, both audits for the year ended December 31, 2008 and in an total amount not to exceed $70,000 which shall be a legal charge to the General Fund Whole Town Independent Auditing and Accounting Budget (A.1320.4.500.300), all in accordance with the approval of the October 21, 2008 Page 31 Minutes Southold Town Board Meeting Town Attorney. ? Vote Record - Resolution RES-2008-965 ? 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 2008-966 CATEGORY: Tax Lien DEPARTMENT: Town Attorney Determines that the Costs and Expenses Incurred by the Highway Department and the Department of Solid Waste, in Effectuating the Removal and Cleanup of the Unsafe Building Located at 495 Linnett Street, Greenport, in the Amount of $34,742.44, Which Remains Unpaid, Shall be Levied Against the Real Property of the Estate of Charles and Mary Carter, SCTM #1000-48-2-39, and Shall be Collected at the Same Time and in the Same Manner as Town Taxes RESOLVED that the Town Board of the Town of Southold, in accordance with Unsafe Building Section 100-9 of the Southold Town Code, and Resolution No. 2007-738 authorizing the determines that the costs and expenses incurred by the Highway demolition, hereby Department and the Department of Solid Waste, in effectuating the removal and cleanup of the Unsafe Building located at 495 Linnett Street, Greenport, in the amount of $34,742.44, which remains unpaid, shall be levied against the real property of the Estate of Charles and Mary Carter, SCTM #1000-48-2-39, and shall be collected at the same time and in the same manner as Town taxes . ? Vote Record - Resolution RES-2008-966 ? 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 2008-967 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney October 21, 2008 Page 32 Minutes Southold Town Board Meeting Amend Resolution No. 2008-839 RESOLVEDamends Resolution No. that the Town Board of the Town of Southold hereby 2008-839 to read as follows: RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an Agreement with National EAP, Inc. in connection with an Employee Assistance Program in the amount of $4.37 per month per employee for the period September 1, 2008 November 1, 2008 through August 31, 2009, October 31, 2009, said Agreement subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-967 ? 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 2008-968 CATEGORY: Misc. Public Hearing DEPARTMENT: Town Attorney SEQRA Goldsmith Jetty WHEREAS , the Town Board of the Town of Southold (the “Board”) is aware of, has participated in the preparation of, or has prepared a number of studies, analyses, etc. over the past approximately 20 years, and WHEREAS, the Board caused to be prepared an analysis of these studies to determine the most efficient action to be taken, entitled “An Assessment of Jetty Shortening Alternatives Goldsmith Inlet, Bay, and Adjacent Shorelines,” and WHEREAS , the Assessment delineated a number of recommendations that would provide needed mechanisms to achieve the following goals: October 21, 2008 Page 33 Minutes Southold Town Board Meeting 1 Maintenance of the inlet by preventing sediment to accrete within the mouth of the inlet 2 Overall improvement of longshore sediment transport. WHEREAS , the Board intends to implement the recommendations of the studies and analyzed in the Assessment, to advance the goals of the Town, and WHEREAS , the Board participated with a team of professionals to assist with the implementation of the proposed shortening of the jetty, and WHEREAS , the Board finds that by virtue of the fact that it is intended to implement one of the recommendations that was contained in the Assessment, it is consistent with the overall goals for the shoreline, and WHEREAS , the action is an Unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Part 617, and WHEREAS , the Board has the authority to effect changes to the jetty which is Town owned, subject to required permits at the Town, State and Federal levels of government, and WHEREAS , since the Board holds this authority, the Town Board declares its intent to assume lead agency status under SEQRA, and WHEREAS , based on the above facts and the Part I Environmental Assessment Form (EAF) prepared for the Board’s consideration in determining significance, the Board finds it prudent to take a “hard look” at the proposed action and hereby declares its intent to require the preparation of a DEIS, and NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Southold finds that the shortening of the jetty at Goldsmith’s Inlet is an Unlisted action pursuant to 6 NYCRR October 21, 2008 Page 34 Minutes Southold Town Board Meeting Part 617, and BE IT FURTHER RESOLVED , that, as the Town Board hereby assumes lead agency status in review of the action and for the purpose of compliance with 6 NYCRR, Part 617, upon completion of the coordination period, and BE IT FURTHER RESOLVED , that the Board hereby issues a positive declaration thus requiring a DEIS, and BE IT FURTHER RESOLVED , that the Board hereby sets a meeting for Public Scoping to be December 2, 20087:35 p.m. held on , at the Town Hall meeting room at in conformance with 6NYCRR Part 617.8, to allow the public and agencies to provide input into the issues and information to be presented in the DEIS, and BE IT FURTHER RESOLVED , that the Board authorizes the Town Clerk of the Town of Southold to file this Resolution and the Positive Declaration with the following parties: Town of Southold, Supervisor’s Office Town of Southold, Town Clerk Town of Southold, Planning Board Town of Southold, Town Trustees Suffolk County Dept. of Public Works NYS Dept. of Environmental Conservation, Commissioner, Albany NYS Dept. of Environmental Conservation, Regional Office, Stony Brook NYS Dept. of State US Army Corps of Engineers Parties of Interest Officially on Record with the Town Clerk (if applicable) ? Vote Record - Resolution RES-2008-968 ? 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 2008-969 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk October 21, 2008 Page 35 Minutes Southold Town Board Meeting FIFD T. Doherty PVA Meeting RESOLVEDgrants permission to Fishers that the Town Board of the Town of Southold hereby Island Ferry District Manager Thomas Doherty, to attend the annual Passenger Vessel Association meeting to be held in San Francisco from January 8-12, 2009 with all expenses for registration, travel and lodging to be a legal charge against the 2009 Fishers Island Ferry District budget. ? Vote Record - Resolution RES-2008-969 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Seconder ?? Tabled ???????? Albert Krupski Jr. Voter ?? Withdrawn ???????? Thomas H. Wickham Initiator ?? Supervisor's Appt ???????? Louisa P. Evans Voter ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-970 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk FIFD Captains Attend Meeting RESOLVEDgrants permission to that the Town Board of the Town of Southold hereby Fishers Island Ferry District Captains Mark Easter and Steven Burke to attend the regional meeting of the Passenger Vessel Association to be held in Portsmouth, NH November 9-12, 2008 with all expenses for registration, travel and lodging to be a legal charge against the 2008 Fishers Island Ferry District budget. ? Vote Record - Resolution RES-2008-970 ? 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 2008-971 CATEGORY: Litigation October 21, 2008 Page 36 Minutes Southold Town Board Meeting DEPARTMENT: Town Attorney Retains Frank A. Isler, Esq. as Special Counsel in the Supreme Court, Suffolk County Civil Action Entitled “Daniel G. DeMato, Et Al. V. Barry Mallin and Gail Kreigel Mallin and the Town of Southold”, Under Index No. 02-25843, and in a Supreme Court, Suffolk County Civil Action Entitled “Paul Sharkey II and Gary Lockel V. Town of Southold Justice Court, Et Al.”, Under Index No. 08-09306. RESOLVEDFrank A. Isler, Esq. that the Town Board of the Town of Southold hereby retains as Special Counsel in the Supreme Court, Suffolk County civil action entitled “Daniel G. DeMato, et al. v. Barry Mallin and Gail Kreigel Mallin and the Town of Southold”, under Index No. 02-25843, and in a Supreme Court, Suffolk County civil action entitled “Paul Sharkey II and Gary Lockel v. Town of Southold Justice Court, et al.”, under Index No. 08-09306 . ? Vote Record - Resolution RES-2008-971 ? 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 2008-972 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Reappoint Cara Wells to the Board of Assessment Review RESOLVEDreappoints Cara Wells to that the Town Board of the Town of Southold hereby the Board of Assessment Review effective immediately through September 30, 2013. ? Vote Record - Resolution RES-2008-972 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland Voter ?? Defeated ???????? Vincent Orlando Voter ?? Tabled ???????? Albert Krupski Jr. Initiator ?? Withdrawn ???????? Thomas H. Wickham Voter ?? Supervisor's Appt ???????? Louisa P. Evans Seconder ?? Tax Receiver's Appt ???????? Scott Russell Voter ?? Rescinded 2008-973 October 21, 2008 Page 37 Minutes Southold Town Board Meeting CATEGORY: Property Acquisition Purchase DEPARTMENT: Town Attorney Authorizes Supervisor Scott A. Russell to Retain the Services of Andrew Stype to Perform a Letter Appraisal of the Town’s Recreation Center, at a Cost Not to Exceed $400.00 RESOLVEDauthorizes Supervisor that the Town Board of the Town of Southold hereby Scott A. Russell to retain the services of Andrew Stype to perform a letter appraisal of the Town’s Recreation Center, at a cost not to exceed $400.00 , subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2008-973 ? 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 2008-974 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Attorney LL Dock Moratorium PH 11/18/08 4:35 Pm WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 21st day of October 2008 a Local Law entitled “A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” now, therefore, be it RESOLVEDhold a public hearing on the that the Town Board of the Town of Southold will aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of November 2008 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. October 21, 2008 Page 38 Minutes Southold Town Board Meeting The proposed local law entitled, “A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold” reads as follows: LOCAL LAW NO. ___ of 2008 “A Local Law in Relation to a Ninety day extension of the Moratorium on the Processing, Review of, and Making Decisions on Dock Applications (new or pending) made to the Board of Trustees pursuant to Chapter 275 ‘Wetlands and Shoreline’ of the Code of the Town of Southold”. Be it enacted by the Town Board of the Town of Southold as follows: Section 1: Legislative Intent The Town Board finds that the construction of docks in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound impairs the Town’s unique environment and ecology. The construction of docks in these waters results in environmental and physical degradation including, but not limited to, impacts to vegetation, water quality, marine life and benthic communities. Docks have the effect of impeding the public access and use of waters and shorelines, affecting navigation of vessels and creating negative aesthetic impacts. On May 20, 2008, the Town Board enacted a one hundred and eighty (180) day moratorium on the approval process for new docks in these waters, in order to comprehensively review the current code provisions and recent scientific studies. A survey of all town waters, review of available scientific materials and evaluation of the Town code has taken place. The Town staff assigned to this project has worked diligently and is prepared to review findings and recommendations with the Town Board. The Town Board is currently involved in detailed budget review, and will turn full attention this matter after the state imposed deadline for budget adoption of November 20, 2008. The Town Board expects to prepare legislation to address when, and under what circumstances, docks may be permitted in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound. It is expected that this legislation will be prepared by the end of the year, and scheduled for public hearing and eventual adoption. Section 2: Enactment of a Temporary Moratorium Chapter 275 §275-17 Temporary Moratorium A. For a period of ninety days following the expiration of the current moratorium (90 days from November 20, 2008), after which date this Local Law shall lapse and be without further October 21, 2008 Page 39 Minutes Southold Town Board Meeting force and effect: 1) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any new dock (as defined in Chapter 275) proposed to be located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor); 2) The Board of Trustees of the Town of Southold shall not accept for review, continue review, hold a hearing or make any decision upon any application (new or pending) made pursuant to Chapter 275 of the Town Code of the Town of Southold for any extension or addition to any existing dock (as defined in Chapter 275) located in the Peconic Bay, Long Island Sound, Block Island Sound and Fishers Island Sound (excluding Silver Eel Cove, Hay Harbor, West Harbor, Chocomount Cove and East Harbor). B. APPLICATION 1) This Local Law shall apply to ALL (new or pending) applications for a Chapter 275 permit from the Board of Trustees of the Town of Southold for any new or existing dock (as that term is defined in Chapter 275). C. EXCLUSIONS This Local Law shall not apply to: 1) the ordinary and usual maintenance or repair, in-place, of a presently existing dock that has been issued a permit by the Board of Trustees. D. CONFLICT WITH OTHERS LAWS AND AUTHORITY TO SUPERCEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provisions of Chapter 275 of the Southold Town Code this Local Law supercedes, amends and takes precedence over such provisions pursuant to the Town’s municipal home rule powers, pursuant to Municipal Home Rule Law section 10(1)(ii)(d)(3); section 10(1)(ii)(a)(14) and section 22 to supercede any inconsistent authority. In particular, this local law supercedes Southold Town Code Chapter 275 sections 275-5 and sections 275-7 through 11, to the extent that these sections require the Board of Trustees to act upon, hold hearings on, and make decisions concerning applications. E. APPEALS PROCEDURE The Town Board shall have the authority to vary or waive the application of any provision of this October 21, 2008 Page 40 Minutes Southold Town Board Meeting Local Law, in its legislative discretion, upon its determination that such variance or waiver is required to alleviate an extraordinary hardship. To grant such a request the applicant must file with the Town Board and the Board of Trustees supporting documentation. Any request for a variance or waiver shall be filed with the Town Clerk and the Board of Trustees (for recommendation) and shall include a fee of $50.00 dollars for the processing of the application. The application and Board of Trustee recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board. Section 3: 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 4: EFFECTIVE DATE This Local Law shall take effect on November 20, 2008, and remain in effect for 90 days. ? Vote Record - Resolution RES-2008-974 ? 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 2008-975 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Design Standards RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in Relation to Design Standards and Regulations for Residential law entitled 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 October 21, 2008 Page 41 Minutes Southold Town Board Meeting EAF in accordance therewith; and be it further RESOLVED that the Town Board of the Town of Southold hereby determines such actions to be consistent with the Town of Southold LWRP. ? Vote Record - Resolution RES-2008-975 ? 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 2008-976 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Zoning Amendments Limit Size RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in Relation to Zoning Amendments to limit the size of dwelling law entitled units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts 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. October 21, 2008 Page 42 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-976 ? 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 2008-977 CATEGORY: Seqra DEPARTMENT: Town Attorney SEQRA for LL/Open Space in Subdivisions RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed local “A Local Law in Relation to Open Space in subdivisions in the Hamlet Business law entitled and Hamlet Density 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. ? Vote Record - Resolution RES-2008-977 ? 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 2008-978 CATEGORY: Seqra DEPARTMENT: Land Preservation Heaney SEQRA October 21, 2008 Page 43 Minutes Southold Town Board Meeting WHEREAS , the Town Board of the Town of Southold wishes to accept the donation of vacant land properties owned by Marion Heaney, the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; now, be it therefore 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,; and, be it further RESOLVED by the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental from prepared for this project is accepted and attached hereto; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and October 21, 2008 Page 44 Minutes Southold Town Board Meeting Regulations for this action. ? Vote Record - Resolution RES-2008-978 ? 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 2008-979 CATEGORY: Seqra DEPARTMENT: Land Preservation Dickerson Estate SEQRA WHEREAS , the Town Board of the Town of Southold wishes to accept the donation of vacant land property owned by the Estate of Ernest F. Dickerson for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property; now, be it therefore 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,; and, be it further RESOLVED by the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, be it further October 21, 2008 Page 45 Minutes Southold Town Board Meeting RESOLVED by the Town Board of the Town of Southold that the Short Environmental from prepared for this project is accepted and attached hereto; and, be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVEDfinds no significant impact that the Town Board of the Town of Southold hereby on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. ? Vote Record - Resolution RES-2008-979 ? 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 Statement SUPERVISOR RUSSELL: As a point of clarification (resolution 984), this is an effort by the Town Board and various people in Town government to bring all resources under one roof for the public as we face what is going to be a difficult economic climate over the next year or two or three. This will, they will have representatives from all walks of life to help you with issues from fuel oil costs, mortgage issues, all of those things. There will be more information coming out in the near future. But again, before we go to public hearing we have also, I want Albert to read 983. Get that done. 2008-980 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Heaney Property Donation Acceptance WHEREAS¸ the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of fee title to vacant lands owned by Marion Heaney, owner of record, on this st 21 day of October, 2008, pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; October 21, 2008 Page 46 Minutes Southold Town Board Meeting and WHEREAS, the two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000- 41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties; and WHEREAS, the purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds; and WHEREAS, the acquisition of these properties is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation); 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 to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for this donation and recommends that the Town Board accept the donation of these properties; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject properties for the purpose of open space, scenic protection and wetlands protection and drainage, all to be in accordance with the environmentally sensitive October 21, 2008 Page 47 Minutes Southold Town Board Meeting nature of the property and a Town Board approved Management Plan for the properties; now, therefore, be it RESOLVED that pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of accepts the donation of properties owned by Marion Heaney subject to Southold hereby clear and marketable title and an acceptable environmental site assessment and survey, if deemed necessary, of the subject properties. The two parcels, identified as SCTM #1000-34- 1-7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. The acquisition of these properties is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation). 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 to the Town Board, and the Town Board has hereby determined, that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2008-980 ? 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 October 21, 2008 Page 48 Minutes Southold Town Board Meeting 2008-981 CATEGORY: Property Acquisition Purchase DEPARTMENT: Land Preservation Dickerson Estate Property Donation Acceptance WHEREAS¸ the Town Board of the Town of Southold held a public hearing on the question of st acquisition by gift of fee title to vacant land from the Estate of Ernest F. Dickerson on this 21 day of October, 2008, pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS, the parcel consists of approximately 0.12± acre and is identified as SCTM #1000- 115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. WHEREAS, the purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds; and WHEREAS, the acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation); 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 to the Town Board that this action is consistent with the LWRP; and October 21, 2008 Page 49 Minutes Southold Town Board Meeting WHEREAS, the Land Preservation Committee has reviewed the application for this donation and recommends that the Town Board accept the donation of this property; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accepts the donation of the subject property for the purpose of open space and wetlands protection, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property; now, therefore, be it RESOLVED that pursuant to the provision of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, the Town Board of the Town of accepts the donation of property from the Estate of Ernest F. Dickerson Southold hereby subject to clear and marketable title and an acceptable environmental site assessment and survey, if deemed necessary, of the subject property. The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. The acquisition of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation). 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 to the Town Board, and the Town Board has hereby determined, that this action is consistent with the LWRP. October 21, 2008 Page 50 Minutes Southold Town Board Meeting ? Vote Record - Resolution RES-2008-981 ? 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 2008-982 CATEGORY: Public Service DEPARTMENT: Town Clerk Designate the Goldsmith-Tuthill House Located at SCTM 1000-117-8-8, 16995 Main Street, New Suffolk, New York, as Historic and Add to the Town’s Register of Historic Landmarks RESOLVEDdesignates the Goldsmith- that the Town Board of the Town of Southold hereby Tuthill House located at SCTM 1000-117-8-8, 16995 Main Street, New Suffolk, New York, as historic and add to the town’s register of Historic Landmarks; all in accordance with Chapter 170 of the Southold Town Code, the recommendation for designation by the Southold Town Historic Preservation Commission, and acceptance of designation by Joan Robbins, the property owner. ? Vote Record - Resolution RES-2008-982 ? 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 2008-983 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Grants Permission to Town Attorney, Patricia A. Finnegan, to Attend the Seminar Entitled “Law in the Workplace Conference, Labor & Employment Issues in a Tough Economy” at the Hyatt Regency at Wind Watch Hotel in Hauppauge, New York RESOLVEDgrants permission to Town that the Town Board of the Town of Southold hereby Attorney, Patricia A. Finnegan, to attend the seminar entitled “Law in the Workplace October 21, 2008 Page 51 Minutes Southold Town Board Meeting Conference, Labor & Employment Issues in a Tough Economy” at the Hyatt Regency at Wind Watch Hotel in Hauppauge, New York , on October 24, 2008. All expenses for registration and travel are to be a charge to the 2008 Town Attorney budget. ? Vote Record - Resolution RES-2008-983 ? 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 2008-984 CATEGORY: Advertise DEPARTMENT: Town Clerk Authorize a Full-Page Advertisement in the October 30, 2008 Suffolk Times for the “Town of Southold Community Economic Forum” RESOLVED that the Town Board of the Town of Southold hereby authorizes the development full-page advertisement in the October 30, 2008 Suffolk Times for the and placement of a “Town of Southold Community Economic Forum” to be held at the Southold High School on th Thursday, November 6 from 6:30 to 8:30 p.m. featuring a wide array of existing programs and services to assist Town residents and businesses. ? Vote Record - Resolution RES-2008-984 ? 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 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] October 21, 2008 Page 52 Minutes Southold Town Board Meeting MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 1. 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 COMMENTS - Current Meeting: COUNCILMAN WICKHAM: In April, 2009 the Town of Southold expects to receive approximately $130,000.00 in Federal Community Development Block Grant Funds. These funds may be used, and have been previously used for a variety of projects to be selected by local officials. Eligible activities include: Acquisition and demolition of blighted property Housing rehabilitation Elimination of physical barriers for the handicapped Public facilities and improvements Street Reconstruction Code Enforcement Public Water projects Economic Development Public Services (limited to 15%) Tuesday, October 21, 2008, 4:35 P. Town Residents are invited to attend this public hearing on M. at the Southold Town Hall, 53095 Main Road, Southold, New York, to express citizen views on local housing community development needs to be met with these funds. This has appeared as a legal on the Town Clerk’s bulletin board out in the hallway and it has appeared as a legal notice in the local newspaper. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the issue of community block grant funds? COUNCILMAN WICKHAM: Wouldn’t Jim be able to outline what we had done? SUPERVISOR RUSSELL: Yeah, we could certainly do that or answer any questions, as it does appear that there are none forthcoming. Come on, Jim. COUNCILMAN WICKHAM: Do you have a brief summary of proposals for ’09? JIM MCMAHON, DIRECTOR OF PUBLIC WORKS: I will, that I will present to the Town Board at the next work session. They are typically housing rehab or there is a proposal maybe to put a handicapped lift at the Peconic school, to make that building a little more handicap accessible. It is two steps up on both the north and south side of the building, so the way to October 21, 2008 Page 53 Minutes Southold Town Board Meeting make that handicapped accessible is to put a lift in that building that would be eligible under the community development block grant funds. The normal programs that we fund every year, unfortunately HUD funds are starting to get less and less. We used to get about $280,000 we are down to about $130,000 but we will try to come up with a budget that is acceptable to the Town Board and pass that maybe at the next Town Board meeting. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Thank you, Jim. RESULT: CLOSED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 2. PH LL Design Standards Oct 23, 2008 4:40 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the rd Town Board of the Town of Southold, Suffolk County, New York, on the 23 day of A Local Law In Relation to Design Standards and September, 2008 a Local Law entitled “ Regulations for Residential Site Plans in the Town of Southold” 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, st 21 day of October, 2008 at 4:40 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. A Local Law In Relation to Design Standards and The proposed local law entitled, “ Regulations for Residential Site Plans in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2008 A Local Law In Relation to Design Standards and Regulations for Residential Site Plans in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1 . Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide 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 October 21, 2008 Page 54 Minutes Southold Town Board Meeting 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 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. October 21, 2008 Page 55 Minutes Southold Town Board Meeting A. The Planning Board's review of the application and plans with respect to residential site plans shall include their compliance with the following: (1) The requirement that the applicant attend a presubmission conference, at which time the applicant, the Planning Board and planning staff shall discuss the salient design features of the application. At such conference, the applicant shall be provided with a copy of the then-existing design manual as adopted by the Planning Board. (2) The applicable provisions of this chapter. (3) Where applicable, Town Law § 274-a and General Municipal Law § 239-m. (4) Construction standards and specifications of the Town highway specifications, Chapter 161 of the Code of the Town of Southold. (5) The requirements of the existing resources and site analysis plan(s) (ERSAP) and the allowable density of dwelling units as calculated using the yield plan 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 . October 21, 2008 Page 56 Minutes Southold Town Board Meeting 2. Open space, for the purpose of this chapter, shall mean contiguous areas of land meant for common use by the owners of units within a residential site plan and/or use by the general public. 3. Open space shall be vegetated with native, natural vegetation over most or all of it, with no more than 15% allowed to contain fertilizer and/or irrigation-dependent vegetation, except in the case of community gardens, which may occupy up to 20% of the open space. 4. Open Space shall remain open and free of any structures, except those associated with walking paths, and in the case of a 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 October 21, 2008 Page 57 Minutes Southold Town Board Meeting forth in and regulated by §280-13B(13). 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 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 October 21, 2008 Page 58 Minutes Southold Town Board Meeting 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 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 October 21, 2008 Page 59 Minutes Southold Town Board Meeting the neighborhood or a detriment to nearby properties will be created by the granting of the amendment; (b) Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than the sought variance; (c) Whether the variance is substantial; (d) Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (e) Whether the alleged difficulty was self-created, which shall be relevant to the decision but shall not necessarily preclude the proposed amendment or variance. (2) This provision supersedes and amends New York State Town Law §§ 267, 267-a, 267-b and 267-c insofar as these sections give such authority to the Zoning Board of Appeals. Section 3 . Chapter 280 is further amended as follows: 280-4 Definitions BUFFER-- A naturally vegetated area along the boundaries of a subdivision, lot or parcel, designed to provide screening A new Attachment 6 is added to Chapter 280. 280 Attachment 6 Town of Southold Schedule for Open Space, Buffers and Setbacks for Residential Site Plans 2 Size of Open space set-Minimum Buffer (in feet) property aside (as a setback (in 1 (acres) percent of total feet) land area of project) <15 20 30 20 15-39 30 35 25 = 40 50 75 50 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 October 21, 2008 Page 60 Minutes Southold Town Board Meeting 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. This has appeared as a legal in the local newspaper and I have here a copy of the copy that was out there on the bulletin out there noticing it. We have in the file comments from the Planning Board which strongly support the law and call for a number of relatively small editorial changes but I would say not significant in terms of content. There are several other things in the file that are important but rather than my trying to summarize it, I wonder if I could turn to our Planning Director for the Town who could very briefly summarize what this law is about. I will just read the purpose of it. (Reading from local law). Heather, would you like to just briefly summarize what this is about? HEATHER LANZA, PLANNING DIRECTOR: Okay, I think just as a summary for how we got to where we are with the proposed code amendments. I think we were looking at our highest density residential zoning districts and trying to find a way to meet the needs of the Town, Town planning goals of providing for more moderate size housing. That is really the gist of what we are trying to do here. Some other benefits that go along with what we are proposing are protecting groundwater and also protecting some more open space. Right now we have some site plans, residential site plan design guidelines in the code but they are fairly vague and we thought that being more specific would provide better guidelines to applicants so that when they come in with plans, they are plans that the Planning Board and the Town Boards feel that suit the needs of the Town and meet the goals of the Town. Do you think that sums it up? SUPERVISOR RUSSELL: Yes. Thank you, Heather. Would anybody like to come up and address the Town Board on this particular issue? Mr. Cuddy? CHARLES CUDDY: Good afternoon, I am Charles Cuddy, I represent the Heritage which is certainly the object of much of the resolution that is before you. If I could, I would like to have the opportunity to address all three of those, incorporate my remarks as they proceed. I think all three of them are certainly together and affect the applicant much the same. At the end of my remarks, I also would like to hand in a letter I had previously written so it will be made part of this public record. If you bear with me, I would like to go through not what new applicants face October 21, 2008 Page 61 Minutes Southold Town Board Meeting but what an existing applicant has faced because what we are doing, frankly, is changing the rules in the middle of the game. This applicant was here in 2002, six years ago. Six years ago, the Board decided to have a moratorium so that you could study subdivisions and residential site plans. You did that for more than two years. At the end of that time, you then adopted new regulations which were regulations for subdivisions, none for site plans. The existing site plan regulations stayed as they were. Six to seven months later, in 2005 January, you then adopted some new residential site plan regulations. This applicant then proceeded with his application, he had in 2004, he continued it in 2005. At that point we asked that the SEQRA analysis be done. The SEQRA analysis took a year to get started. One year. We then had a consultant hired by the Town review the SEQRA process and this application. When he got through, he recommended against an EIS, that is an environmental impact statement, he was overruled by the Planning Department and the Planning Board. So the applicant then has proceeded with the SEQRA and he has gone for the last year and half, and he is just about through, with his SEQRA application and now for the first time, he is faced with brand new rules and these rules aren’t casual, I think that we should all understand that the rules require mandatory clustering, open space that is 50% of the site, it requires not only open space but it requires that there be a perimeter buffer of 50 feet. It requires a setback of 75 feet from the perimeter and it requires that you have one half of all the housing at 1,600 square feet including a garage and then the other half, perhaps you can have at 1,800 or 2,000 if you meet the requirements, the mathematical requirements that are set forth. So here, you have done an extraordinary thing, you have actually changed the whole tone of what the layout and design of this application is about. So it is not a very casual thing we are talking about, it is a very significant thing to this particular applicant and to justify that, as I understand it, the Town has gone to the Planning Department and talked about a comprehensive plan which I am not sure what it means, it seems to be a floating comprehensive plan. The master plan that this was predicated on was adopted two decades ago and yet we now go back somehow and something in that master plan that is applicable here. The very Town Planner that has just talked about this plan, a year ago November 2007, said there should be an updated comprehensive plan. That was never done. So what we have now is an application before the Planning Board that is going to start out on brand new rules. And this is after six years. There has to be some fairness at some time in the zoning process. You can’t ask people to rely on zoning and then change the rules in the middle of the game. I think that is wrong to do, I think it shouldn’t happen here and I think it is happening to this applicant. I think that there is no study that supports this. I just heard you go through the SEQRA process. Was there any indication in that process that there are other applications or existing sites that are affected? I don’t think that was taken into consideration and there are existing sites that would be affected by this and I don’t know that the SEQRA has been done properly. So I would ask you to look at the SEQRA, I would ask you to find the study, someplace, that supports this. I don’t know anybody who is qualified to make all the determinations that have been made in these three amendments and I doubt very much that the Town has hired somebody to do that. I don’t think that there is any study that supports this. In summary, I would point out to you that your first study, 2004, had nothing adopted right after it for residential site plans. In 2005, you apparently reverted back, used that old 2004 study and did something. Today what you are doing is you are making a change without a study and I am serious when I say without a study. Because I don’t think there is any study that supports what is proposed today. I say to you that this is ad hoc zoning, it is site specific zoning, it is wrong zoning. It shouldn’t be done and quite October 21, 2008 Page 62 Minutes Southold Town Board Meeting frankly, there is an unfairness and it is more than unfair, it is a bad law and I would hope that you would not adopt it. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this hearing? BENJA SCHWARTZ: Good evening, Benja Schwartz. I would like to begin by reviewing the purpose of these local laws in my own words. Over the past half century, planning initiatives for the Town of Southold have established as the foundation of our vision for the future the following five fundamental goals: to preserve, protect and enjoy our rural countryside, hamlet centers and village; a socio-economically diverse community of residential and business opportunities. Open space, including natural habitats, farmland and recreational landscapes. Open waters, including inlets, creeks, channels, harbors and bays. Healthy natural environments because deterioration of natural resources is not inevitable and it is possible to restore degraded natural resources. Safe and efficient transportation by automobile and desirable alternatives to automobiles, not to mention scenic and historic attributes of the landscape. To achieve these goals, measures must be taken not only to ensure that new developments will not have significant negative environmental impacts, adverse environmental impacts but also we need to take measures to ensure that new developments will have positive impacts on our community and our environment. And that those new developments will be sustainable in themselves and contribute to the sustainability of our region and our town. In the near future, Southold Town is planning a comprehensive plan and I would like to mention that the only way that that plan is going to be comprehensive is if we get a comprehensive from the community. From all parts of the community. There are a lot of developers in Southold town who are doing the right thing and there is some beautiful development that is happening. But some of the proposed development is not so beautiful. You know, we don’t have an up to date comprehensive plan written in ink but a comprehensive plan is a living document and it evolves and we are not, this legislation is not only based on the plans that were done 20 and 40 years ago, it is based on what is happening today. The goals of the legislation as stated to preserve our rural character and all of that, that is great but there is another goal in the legislation which is to respond to the proposals which applications which are pending. The first time I saw that application which juxtaposed and next to the farm field -condo, condo, condo, condo, condo, condo-I had nightmares for years. It has been at least a year now. certain developers may be thinking they are doing the right thing by trying to make the most money for their investors and their clients and their company but money is only one part, a very important part, but it is only one part but it is only one part of what is important. These other things we have talked about here, the open space, the water, the character of our community. They don’t always equate with money but when they do, if you think about it really, the developer is thinking about the money of that one person, that is one individuals money, one corporations money. What about everybody else who lives in town, all the other businesses? There is a development of a house right next door to me or two doors down from me last year, before that house was developed the house next door to it was in contract to be sold, when that person blew out their house and essentially abused the zoning laws that we have by building the entire property, it looks like a little city on I think a quarter acre lot. It is probably half acre buildings there. the contract fell through, the property sat on the market for three or four years because nobody wanted, nobody wanted, it wasn’t worth what the mortgage October 21, 2008 Page 63 Minutes Southold Town Board Meeting was, it was foreclosed on. Finally it sold for about half the price that it was in contract for before. So we have to be careful when one person says, you know, don’t take away the value of my property, are they using their property in a way that negatively affects the value of everybody else’s property. And the rules of the game, the law, says that you have the right and indeed the obligation to change the rules. Both to insure that we have a livable and as pleasant a Southold hopefully a better Southold in the future. And we are not talking about 50 or 100 years from now, we are talking about five years from now if this project were to be approved as applied for. So you know, I really don’t like to oppose anybody or anything but I would just hope that certain developers would realize that it is better to work, to figure out a way that they can make some money but they don’t have to get the last penny out of their property to the point at which is increases the taxes and decreases the livability and the enjoyment that the rest of us get from living in such a beautiful town. I want to thank you for the proposed legislation and I hope that you will pass it at least as strong as it is now and continue in the future to protect us and our town. Thank you. SUPERVISOR RUSSELL: Um, yeah, you can come up. Let me just say as you are coming up, just so there is a clarity on everybody’s part, there will be no action on any of these three proposals tonight. We are waiting for the Suffolk County Planning Commission to review it and make commentary. That is a function of law, we can’t pass it until we get their comments. So this is the public hearing, we are going to take all these comments tonight but we will have to take action at a future meeting. Just so that it is clearly understood. JEN HARTNAGLE: Hi, my name is Jen Hartnagle and I am here representing the Group for the East End. For those of you not familiar with the group, we are an environmental education and advocacy organization. We now represent over 3,000 members. We have been working on environmental and planning issues for over 35 years in the five east end towns. Tonight we are here to support these three pieces of legislation. First we would like to thank the Planning Board and the Town Board for their hard work and research and bringing these issues to the forefront and introducing this legislation. I just want to bring up three reasons, main reasons why we are supporting these amendments. First, the incorporation of open space into the site plans in these zones is both positive and it is essential for the ecological attributes of these plans. As you are well aware, open space protects our groundwater, it provides habitat and it provides important quality of life benefits. Second, the intent of this legislation is in line with Southold’s vision, meaning many of the goals are repeatedly utilized in the variety of planning initiatives that Southold has undertaken in the years will actually be put into practice with the passage of this law. And thirdly, this is an important one, this legislation exemplifies a compromise, it does not favor the environment or open space over development or vice versa. It is a compromise and it recognizes that both are necessary and the legislation provides guidelines to assure that these parcels are designed in such a way as to reflect the needs of these hamlets. Again, we support these amendments, we feel that they are well crafted, we feel that they would be a positive force in preserving community character, open space and promoting affordability. To conclude, I would like to say thank you again and we look forward to the passage of these amendments. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and October 21, 2008 Page 64 Minutes Southold Town Board Meeting address the Town Board on this issue? Peter? PETER MEEKER: Peter Meeker, Southold. In regard to the design standards for the master site plan, I hope the Town Board has jurisdiction in formulating regulations and I suggest that there be language covering energy, star building practices for the master plan. The time has come for energy and environmental issues in our community. I believe that wise consideration backed by code enforcement will meet the future plans of each hamlet and the long range goals of the Town of Southold. Energy Star building has many advantages, for example increased comfort, they are warmer in the winter, cooler in the summer, there are lower energy bills and energy star homes help mitigate the global climate change. Mike Verity, our chief building inspector, has a complete packet of information which is supported by one, the neighborhood network, two, the conservation services group and three, LIPA’s clean energy initiative. So tonight I would just hope that you take the opportunity to consider these measures and incorporate them into the master plan. Thank you. COUNCILMAN KRUPSKI: Thank you. I see our planner taking notes while you are speaking, so that is an encouraging sign. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this issue? BARBARA McADAM: Barbara McAdam from Cutchogue. I am disappointed in the new design standards for residential site plans proposed by the Town Board and the Planning Department. On at least two levels, the standards do not satisfy their legislative intent. I will use the Heritage at Cutchogue as my example. First, the standards do not ‘meet the needs of the existing population’ under the section design considerations item E paves the way for the Heritage highway, as my neighbors and I like to call it, to threaten the safety and welfare of the residents of the Highland and Crown Land neighborhood. One hundred eight nine residents, 65 of them children under 18 including those who were here earlier, will not be safe with the traffic produced not only by the Heritage development itself but by the new traffic flow that will be generated when ‘tap’ streets are opened at Spur and Bridle. This new roadway will allow all traffic to flow north of Main Road directly from Depot to Schoolhouse, Highland and or Crown Land and vice versa. What is currently a quiet area with no outlet would become Riverhead’s Middle Road in Cutchogue, traversed by every driver hoping to avoid Main Road gridlock. Let’s not forget the emergency access scenario. What fun it will be to have fire trucks, police and other emergency vehicles, sirens blaring and horns honking plowing through our neighborhood as well. And the construction phase, three or more years of all those construction vehicles rumbling down our streets early in the morning and then again at quitting time. I guess this and future generations of Cutchogue kids on these blocks won’t be able to ride their bikes, skateboard, or have a game of street hockey once the building begins. Our safety, welfare and freedom go out the window and these design standards that you propose allow it. Second, these design standards do not ‘preserve the Town’s remaining natural environment’ nor do they ‘prevent the deterioration of the Town’s natural resources or restore the Town’s degraded natural resources back to their previous quality’ most notably the standards do not ‘protect groundwater’. Individual cesspools in the Heritage at Cutchogue will unload a high volume and October 21, 2008 Page 65 Minutes Southold Town Board Meeting concentration of sewage, laced with traces of pharmaceuticals that we 55 and over folks rely on, into the groundwater. By the Suffolk County Health Departments own admission, the sewage will move in the direction of groundwater flow, southeast into Wickham creek and Cutchogue harbor. How will this help our waterways? How is the natural environment enhanced or restored? This is a brown tide of a different kind. How many Cutchogue residents, southeast of the Heritage who are served by private wells, don’t yet have an inkling that their water quality will be threatened? Not to worry, Suffolk County Health Department promises to locate them and work with Suffolk County Water Authority to extend public water but the Peconic Bay and our creeks won’t have that protection. They will have to flush themselves; unless standards are created to address the need for onsite sewage treatment, we will see what happened in the Shirley-Mastic area in fewer than 30 years. In the late 70’s, you could swim in the Forge river. Today, the stench and pollution caused by high density residential and commercial development, sanctioned by Suffolk County Health Department’s sanitary code, has helped to create a toxic mess in that body of water. What is Southold Town’s government willing to do to preempt a th similar local environmental catastrophe? In a letter dated September 18 of this year, the Suffolk County health commissioner stated that ‘the Suffolk County Department of Health Services does not have the power to require sewers for projects which meet article 6 density limits’ The county health department standards are 20 years old and were not designed for the north fork, where our aquifer is more fragile than that in western Suffolk. So, let’s create our own design standards for Southold. Let’s truly exercise the home rule principle and require these high density projects to include sewage treatment. In Cutchogue, we might even insist that it extend to other undeveloped business and residential parcels in the hamlet center. As they are approved, they can buy into an already established sewage treatment package and reimburse the developer. In this way, developers are investing in our community and truly giving back. In the past, it has been Southold’s mantra that public water brings development. Well, development is coming anyway. Southold Town should insure that every current resident has access to public water before this precious resource is granted to the Heritage, especially to those residents that live down gradient from the proposed development. The Town has the opportunity to get it right by additionally requiring the infrastructure of sewage treatment before the Heritage and other adjoining vacant parcels slated for development in Cutchogue can happen. By having its own standards on sewage treatment Southold Town will not be constrained by the antiquated and limited guidelines established by Suffolk County. If Southold Town’s Board is not in favor of this action, then at the very least, you should be pushing the Suffolk County Health Department to amend its sanitary code to address the specific needs of the north fork. You can’t afford to approve major projects and simply hope for the best. As you can see, traffic and sewage are the two major concerns that are not adequately addressed in the design standards and regulations for residential site plans. I have pointed to Heritage at Cutchogue as the exemplar but I am certain that opponents of Oki-do in East Marion will echo these same concerns in relation to that project. I urge the Town Board and Planning Department to return to the drawing board to create standards that will bridge the gaps left by SEQRA and county health standards for the long term protection of this cherished piece of the planet and its residents. SUPERVISOR RUSSELL: Mr. Meinke? HOWARD MEINKE: Hi. My name is Howard Meinke, I live in Mattituck. I just wanted to October 21, 2008 Page 66 Minutes Southold Town Board Meeting comment that all the complaints about the Heritage and a lot of them I do fully agree with, I don’t think that Ms. McAdams idea for sewage treatment as being an answer is right. I think if there is any way to control development here, it is with the other avenues that we have. I think the controlled development after we go into sewage treatment is going to be hopeless. That will open up every corner of Southold Town for development and I don’t think we will ever control it, so I do think we need to control things like the Heritage but I certainly don’t think coming down in favor of sewage plants is the right way to do it because my vision of Southold Town is to maintain essentially the rural character, to keep it, we don’t all like the tourism but still, it is good for business, it is good farm stands, it is good for wineries, it is good for agriculture and it keeps somewhat open spaces the way we have it now. I think to fight to keep it rural after we approve the thin end of the wedge which are sewage plants, I have trouble thinking we will ever pull it off after that. Thank you. SUPERVISOR RUSSELL: Thank you. ROBERTA LEE: Good evening, ladies and gentlemen. My name is Roberta Lee and I live in Cutchogue. Last year about this time I came into this meeting and there was hardly anybody in the room, it was the first time, my husband and I live across the street approximately where this so-called Heritage is supposed to take place and this was the first we had heard about it and we have lived here for 20 years, so it was a very well-kept secret. And I was alarmed when I heard what was proposed. I was further alarmed by attending meetings practically every time there have been meetings since then. And I am very unhappy about some of the things that have been proposed. I know that when I bought my house 20 years ago, we had I think it was 2 acre zoning. Is that correct? SUPERVISOR RUSSELL: In some parts of Southold town. MS. LEE: Mmhmm. To think that, you know, I am going to be looking at four houses on one acre is preposterous. Also, it was mentioned about 25 years had taken place and I said, well, are we just going ahead with a development that was designed 25 years ago and since the demographics in Cutchogue has changed since that time, if you recall I said that, don’t we have to take another look about what these plans entail? There are so many new things happening, sustainability is a new word that has crept into our vocabulary and essentially what it means is using products such as bamboo which are readily available, they can replace themselves, they can rejuvenate all the time. So this is a very important thing to have. Also I was listening to a program the other night and speaking to some friends of mine who are involved in this project, out in the mid-west they have permeable products to use for street, so that you don’t have burning hot asphalt poisoning the ground and contributing to run-off into our beautiful water here. It is actually permeable and the water can go right through it and it is available on the market today. I think that while we are progressing in our society, we have to take advantage of some of these things that are going to be helpful to have us be able to, to include new developments in our area which is also beneficial not just to the people who are living in this place but for the surrounding area. I also remember that 25 years ago, Nancy Sawastynowicz and she is sitting right over here, had gone out and collected a lot of signatures against this proposal. Her aunt, who is sitting two seats away, had said, Nancy would you do something October 21, 2008 Page 67 Minutes Southold Town Board Meeting about this, I don’t want to look at that. Nancy tried to do something about it and there was a meeting two weeks after the, what was that? The public hearing. And she was forbidden entry. She was kept out of this room. So I think it is time that what she has had to report since that time, I think it is time we all have heard, we have all seen, we have collected many more signatures against this project and I think being outraged about changes is kind of offbeat because you know, once the developer builds this place, he is out of here. And we have to live with the crap he left us with. And I don’t think that should happen. I don’t think that should happen at all. So I would just ask you to consider my point of view and I do hope that you pass this new amendment. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? TOM HALL: Tom Hall, Cutchogue. I guess it was about a year ago when they were drafting the DEIS, they asked us to draft letters to see what we would like included in it and I did draft a letter dated September 4, 2007 which I gave you a copy of Scott and everybody else on the th Planning Board and I asked Jeri to reply to me by September 18. I still haven’t heard from her, as of last year. I asked that each acre of that property be tested for arsenic and other hazardous materials. They tested nine samples on 46 acres, and then they draw their conclusions. It is not acceptable at all. I read the DEIS, one of the drafts and the numbers were not good. The arsenic levels were high and if you go back to my letter, the EPA recommends anything over .43 ppm (parts per million) that this place should be considered a superfund site. Closed down. Done. You can’t put a shovel in the ground and if you look at the numbers, from those tests, nine samples and we are talking 46 acres a big piece of property, those numbers were higher than .43. I think the soil samples really have to be looked into more closely. Can this be done? They have to be re-addressed. You can’t do nine samples on 46 acres. That is absurd. SUPERVISOR RUSSELL: I will refer that concern to the Planning Board. MR. HALL: You draw conclusions. SUPERVISOR RUSSELL: And to the consultant, I believe is still reviewing. MR. HALL: If you want a copy of my letter, you know, it talks all about arsenic being carcinogens, they go airborne, the trucks that are going to go in and out with dirt, the dirt gets tracked all over town, runs off into the creeks. It is a bad situation. I appreciate that. Thank you. SUPERVISOR RUSSELL: Okay. I will take whatever correspondence you give me and forward it again. And we have a consultant working on that SEQRA review. Okay. JULIE RAPUANO: Hi. Julie Rapuano from Cutchogue. I just wanted to show you that on th Friday, October 10 Newsday, they did a piece of buying in Cutchogue. And what they say in this, it says that Cutchogue is the birthplace of the north fork first vineyard and winery, Cutchogue has many attributes, the water, Long Island Sound, creeks, placid Peconic Bay suitable for water sports. They say that the vistas across the vineyards and farmland offer October 21, 2008 Page 68 Minutes Southold Town Board Meeting beautiful sunsets and then there is the quaint Village Green, with its cluster of historic buildings, the attractions, the Old House built in 1649, historical buildings at the Village Green on Main Street. Fort Corchaug, Downs Farm Preserve comprises a native American fort as well as woodlands and tidal wetlands. And the other stats the only thing that they say about homes and residences are homes and home rentals. Nothing about co-ops, condos, apartments. Absolutely nothing. All we are asking is that you take a really close look at this Heritage because it offers nothing to our little town. It brings a lot of garbage, it brings a lot of what we think is traffic and pollution, just this past week, with absolutely nothing big going on, we couldn’t use our little town because of something that the church had going on. This will be right by a church, by a school, by a convent. It is going to be by the library, it is going to be by the post office. I mean, it is killing three, four little residences. At least 70-80 children, we have been begging, we go every week, we go to the Planning Board, we go to the Town Board. We can’t do more. We don’t have the bucks. He has the bucks, he doesn’t care about us. It was just covered. He will make his money and he will go away. We are here. I came from that, I came from that crap and that garbage. I came here, I thought I hit the Lotto. All we can ask is that you please, please, please do something for the peoples that elected you and work for you, that is all that we are asking. Please take a very close look at the Heritage. Thank you. SUPERVISOR RUSSELL: Nancy. NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I would like to thank the Board for taking the initiative to try to redo the design standards and regulations for residential site plans in the Town of Southold, it is a big step and I am very proud of all of you. And I would like to see a raise of hands of how many people are in favor of us trying to save our town from overdevelopment, because a lot of people don’t like to get up and speak. I would like to commend you and our wonderful Planning Board. And the developer, his lawyer said that he started six years ago, well, I started 25 years ago. So there is a big difference in the years. High density is not for the north fork anymore. There is just, to me it is overdeveloped now. But I am glad we are taking a serious look at this and my neighbor, who is a really nice friend, he is a teacher and every year he says he gives his first graders this book and it is just a book of pictures, it doesn’t have any words, and it shows development, development, development. But this was the author’s note and this was from 1993. The book is called Windows by Jeanne Baker. We are changing the face of our world at an alarming and increasing pace. From the present rate of destruction, we can estimate that by the year 2020, no wilderness will remain on our planet outside the protected and national parks and reserves. By the same year, 2020, a quarter of our present planet and animal species will be extinct if we continue at the current growing pace of change. Already at least two species become extinct each hour. Our planet is changing before our eyes, however, by understanding and changing the way we personally affect the environment, we can make a difference. And I just thought that was such a really heart-felt, little author’s note from this book Window, so I am just here to give you that little quote from my neighbor and personally, this developer, he, I mean, he took a year to do the SEQRA, well, the first time when they got the spot zone on this property which was not really the right way to zone change, he didn’t even want to do SEQRA. So, I don’t care how pushy these developers get, we have got to stand up to them and I am glad we are looking at the standards for this type of development in our town. Thank you. October 21, 2008 Page 69 Minutes Southold Town Board Meeting SUPERVISOR RUSSELL: Melanie? MELANIE NORDEN: Melanie Norden, Greenport. I think it is the height of arrogance for any one developer to presume that we create our laws and our zoning code based on the Heritage or based on any particular development. I commend the Board with all of these changes because they are community wide and we have a vibrant, living community on the north fork and our laws need to react in a positive way to that community by creating and helping us through more legislation to create the vision that we have all talked about for the last 20 years. We do not, Mr. Cuddy, create reactive laws to in any way inhibit any one developer but we demand in our community the developers work with us and work with the vision we have or we can see you in court or you can move west. And I think the reality is that the longer that we are living in Southold, we all have to work towards creating that vision. This is a good, solid first step in planning to ensure open space, to ensure some of the vision that the community has talked about. I also would like to address briefly, that there is no fairness in the zoning process or in any legislative process which always is changing. And whether you were able to drink at the age of 18 in New York State 20 years ago and now you have to be 21 or whether the requirements change for getting a drivers license or something else, the law evolves and if you get caught in the net for an evolving law, then you have to adapt to it. We are not here to create zoning regulations that are written in stone for 20 or 30 years to accommodate developers. We are here to create zoning and the vision of our zoning to accommodate and move our community forward. We all participate in this process. We want to attract developers who care deeply and abidingly about our community, who intend to live here and work next to us; otherwise, we don’t need those developers. And if this seems at all a problem for a particular developer, see us in court. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board? MANFRED LEE: Manfred Lee, Cutchogue. The proposal of Heritage, Inc. is to bulldoze every inch of the farmland. The proposed laws will prevent and buffer zones from being bulldozed. The proposal of Heritage Inc. is to bulldoze every inch of the farmland. The proposed laws will prevent buffer zones from being bulldozed. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this particular hearing? CINDY LAKE: My name is Cindy Lake and I live on Highland, so actually the Heritage is really literally in my backyard. Our main concern, one of our main concerns has always been about the water. Our well is towards the back of our property, so it is very close to where these condos would be and our water had previously been contaminated based on the fact that there had been potato farms, that field was an active potato farm. And there was temic and other chemicals in our water, that our water was not drinkable. And their corporation was responsible for getting water filtration systems as well as maintaining the systems in the homes in our development. This is history, this already happened. And our concern is that it can happen again, based on the close proximity to our properties. Now there is also nitrates, nitrates is a by- October 21, 2008 Page 70 Minutes Southold Town Board Meeting product of septic systems and when you have a large amount of septic systems on a relatively small parcel of property, you are going to have increased nitrate levels. Nitrate levels are dangerous to infants and pregnant women. We have had four children born in our development in the past year and a half, one of which is my own daughter. So we are very concerned about the water. And in addition to that, there is, when you put a lot of structures, parking lots, roads, even ponds that are manmade that have barriers that prevent the rainwater from getting into the ground, it does not allow the existing groundwater to be increased levels with the rainwater. The rainwater doesn’t get to the aquifers. In addition to that, it doesn’t dilute the existing groundwater that is there. The levels of the aquifers are very shallow, in some areas based on your own tests that came through this past year or so. There is only a few feet of sand between, you know, where the aquifer starts. It is shallow and that is one of the reasons that we did have contamination in the past. The other thing that we found and Barbara had mentioned this is that pharmaceuticals in the water is becoming an increasing problem and Suffolk County Water Authority is not really testing for that and we had spoken to Patty South (?), my husband had sent e-mails which haven’t really been addressed from them but they indicated that you know, my husband had indicated that the research he had done, that there are pharmaceutical problems around the globe and in New York. Even New York City recently had indicated that they have found problems with pharmaceuticals in their water. And only 10% of pharmaceuticals that are ingested stay in the body, the rest is excreted. And they are finding that septic systems do not even remove those drugs so they are going directly into the groundwater. And in addition to that, they, if you have extra medication people usually flush them down the toilet, it is actually (inaudible) hospice actually recommends to do it and that is also getting directly into the groundwater. So we have, you know, we are very, very concerned and because we have had past problems, we are just hoping that the Board and the community will stick to this and prevent as much as possible this from happening in the future. Thank you. SUPERVISOR RUSSELL: Thank you. Anybody else like to come up and address the Town Board on this particular proposal? COUNCILMAN WICKHAM: Moving on, I would like to just add that there was a note in that file that this proposed law has been found by our LWRP coordinator to be consistent with the LWRP policies of the Town. As the Supervisor mentioned earlier, we do not yet have a response from the Suffolk County Planning Commission on this and consequently, that is not in the file. JUSTICE EVANS: Do we just close it? SUPERVISOR RUSSELL: We have got that closing but we have another public hearing, right? TOWN ATTORNEY FINNEGAN: There is two more and you can incorporate the comments from this into the other hearings but you should open them and… SUPERVISOR RUSSELL: Okay, well should I finish closing this public hearing? Okay. 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 October 21, 2008 Page 71 Minutes Southold Town Board Meeting Density districts in the Town of Southold” and “A Local Law in Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density zoning districts in the Town of Southold” are to be considered part of this public hearing also. All three hearings held on October 21, 2008. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Statement COUNCILMAN KRUPSKI: Most of the comments that we heard were relevant to all three of the public hearings. They are all related topics. 3. PH LL Limit Size of Dwellings 10/21/08 4:45 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the rd Town Board of the Town of Southold, Suffolk County, New York, on the 23 day of September, A Local Law In Relation to Zoning Amendments to limit the size 2008 a Local Law entitled “ of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold ”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, st 21 day of October, 2008 at 4:45 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 Zoning Amendments to limit The proposed local law entitled, “ the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold ” reads as follows: LOCAL LAW NO. _______ 2008 A Local Law In Relation to Zoning Amendments to limit the size of dwelling units in Residential Site Plans in the Hamlet Business and Hamlet Density Districts in the Town of Southold BE IT ENACTED BY the Town Board of the Town of Southold as follows: Section 1. Enactment I. Legislative Intent The Town of Southold’s Comprehensive Plan, comprised of a series of planning initiatives undertaken over the past 20 years, establishes a group of fundamental goals that together provide the underpinnings of Southold’s future vision. These goals are: 1. To preserve land, including farmland, open space and recreational landscapes. 2. To preserve the rural, cultural and historic character of the hamlets surrounding the countryside. 3. To preserve the Town’s remaining natural environment; to prevent further October 21, 2008 Page 72 Minutes Southold Town Board Meeting 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 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 October 21, 2008 Page 73 Minutes Southold Town Board Meeting 1,600 s.f. (Yield shall be determined pursuant to §240-10B). The resulting maximum amount of building area may then be divided into structures. At least 50% of the total number of units must not be larger than 1,600 s.f.gross floor area (refer to Bulk Schedule for Residential Districts). The remaining building area may be distributed among units of varying sizes, provided the total number of dwelling units built does not exceed the yield as determined by the yield plan. 2. Total building area for the purpose of this section is the gross floor area of all buildings, including dwellings, detached garages, and accessory buildings, with no deduction for hallways, stairs, closets, thickness of walls, columns, or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Total building area does not include clubhouse or similar amenities structures. 3. Gross floor area per unit for the purpose of this section is the total area of all floors measured from the exterior of the building with no deduction for hallways, stairs, closets, thickness of walls, columns or other interior features, and including all floors, garages, enclosed porches, and basements with greater than twenty percent above existing grade. Section 6 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in 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. I have a notice from our town planning coordinator, LWRP coordinator, that this proposed law is consistent with the LWRP law. I have a notice that it has appeared on the Town Clerk bulletin board outside and that it has appeared as a legal in the local newspaper. I do not have a comment yet from the Suffolk County Planning Commission. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular local law? Mr. Meinke? October 21, 2008 Page 74 Minutes Southold Town Board Meeting HOWARD MEINKE: Hi. My name is Howard Meinke from Mattituck. Well, I just think that this sounds like, very good. HD and HB is not all that big an area total in the town and we have been talking about where will our children live and things like that. I think allowing for distinctly moderate sized buildings is very intelligent, there still is the residue of the open space and other places where gigantic mansions can be built and I think this is very intelligent and I commend the Planning Department and the Board for putting it forward. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular legislation? (No response) Comments made at the public hearings “A Local Law in Relation to Design Standards and Regulations for Residential Site plans in the Town of Southold” and “A Local Law in Relation to Open Space in subdivisions in the Hamlet Business and Hamlet Density zoning districts in the Town of Southold” are to be considered part of this public hearing also. All three hearings held on October 21, 2008. RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 4. PH LL Open Space Subdivision 10/21/08 4:50 Pm COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: there has been presented to the rd Town Board of the Town of Southold, Suffolk County, New York, on the 23 day of September, A Local Law In Relation to Open Space in subdivisions in the 2008 a Local Law entitled “ 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, st 21 day of October, 2008 at 4:50 p.m. Southold, New York, on the at which time all interested persons will be given an opportunity to be heard. A Local Law In Relation to 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. October 21, 2008 Page 75 Minutes Southold Town Board Meeting Section 2. Chapter 240 of the Southold Town Code is amended as follows: ARTICLE XI Cluster Development § 240-42. Authority and purpose. H. Design requirements for cluster development subdivisions. In addition to the other requirements of this chapter, the following shall apply: (1) In the R-400, R-200, R- 120, R-80 and R-40 and A-C Zoning Districts, a cluster development design must set aside a minimum of 60% of the buildable lands as open space lands. (2) In the HD and HB Zoning Districts, a cluster subdivision development must set aside a minimum percentage of buildable lands as shown in the “Open Space set-aside” column in the Schedule for Open Space, Buffers and Setbacks for Residential Site Plans at the end of Chapter 280. (3) Utility and open space easements may be included in the calculation of the minimum required open space. (4) Roads, streets, rights-of-way may not be included in the calculation of the minimum required open space. Section 3 . APPLICATION This local law shall apply to ALL [new and pending] applications for residential site plans in the Town of Southold. Section 4 . SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. 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 October 21, 2008 Page 76 Minutes Southold Town Board Meeting 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 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. RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 5. Heaney Property Donation Set Public Hearing COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of sets Tuesday, October 21, the Town Code, the Town Board of the Town of Southold hereby 2008, at 4:55 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant lands totaling approximately 8.62± acres from Marion Heaney the owner of record, for open space preservation. The two parcels, identified as SCTM #1000-34-1-7 (8.0± acres) and SCTM #1000-41-1-1 (0.62± acre), are located at 69200 County Road 48, approximately 294 feet east of the intersection of Madison Street and County Road 48, and 555 Madison Street, approximately 403 feet south of the intersection of Madison Street and County Road 48, respectively, in Greenport, New York, in the R-40 zoning district. Both parcels are listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as properties that should be preserved for open space, scenic and wetlands protection. Proposed uses of the property are open space, scenic protection, wetland protection and drainage, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the properties. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, October 21, 2008 Page 77 Minutes Southold Town Board Meeting 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. I have a notice from Mark Terry, the principal planner and LWRP coordinator, that this proposed action, the acquisition of this parcel is consistent with the policy standards and therefore is consistent with the LWRP. I have a photocopy of the legal notice that appeared in the local newspaper and it has also appeared on the Town Clerk’s bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular acquisition? COUNCILMAN KRUPSKI: As the liaison to the Land Preservation Committee from the Town Board, I would like to speak as an advocate for acquisition of this parcel in Greenport. I have seen similar parcels where development has been forced into areas similar to this and it is a generous donation, I think. It is a nice, healthy freshwater wetland and I think Town ownership of it is the only thing that will ensure preservation. SUPERVISOR RUSSELL: Thank you. Anyone else? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 6. Dickerson Property Donation Set Public Hearing COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN COUNCILMAN WICKHAM: that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of sets Tuesday, October 21, the Town Code, the Town Board of the Town of Southold hereby 2008, at 5:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of acquisition by gift of fee title to vacant land owned by the Estate of Ernest F. Dickerson . The parcel consists of approximately 0.12± acre and is identified as SCTM #1000-115-12-1. The parcel is located approximately 205 feet west from the intersection of Deep Hole Drive and New Suffolk Avenue in Mattituck in the R-40 zoning district. The address is 5840 New Suffolk Avenue, Mattituck, New York. The parcel is listed on the Town’s Community Preservation Project Plan List of Eligible Parcels as property that should be preserved for open space and wetlands protection. Potential uses of the property are open space, wetland preservation, drainage, and potential access to Deep Hole Creek, all to be in accordance with the environmentally sensitive nature of the property and a Town Board approved Management Plan for the property. The purchase price of this open space donation will be acquisition costs associated with the transfer of fee title using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned October 21, 2008 Page 78 Minutes Southold Town Board Meeting 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 note in the file from our LWRP coordinator that this proposed action is consistent with the policy standards and therefore is consistent with the LWRP law. I have an original of a legal that appeared in the local newspaper that notices this and notice also of what went on the bulletin board outside. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this particular gift of acquisition? COUNCILMAN KRUPSKI: I would like to speak in favor of the Town acquiring this parcel, it is tiny, it is .12 acres. However, this is where New Suffolk Avenue drains into Deep Hole creek and it is an opportunity for the Town to do some sort of storm water mitigation there and it won’t be a perfect system because of the limited amount of land but it is an opportunity. SUPERVISOR RUSSELL: I will echo Albert’s comments. That is actually an area of particular road run-off concern. One of the problems we have in wrestling with the issue is dealing the volume of water and where to put it. Every little bit helps and despite the size of that parcel, it is going to play a key role up there. And I want to thank the Dickerson family for their generosity as well as the Heaney family for their generosity. Anyone else? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 7. Set Tuesday, October 21, 2008 at 5:05 P.M., for a Public Hearing to Consider the Designation of the Goldsmith-Tuthill House on the Town’s Register of Historic Landmarks COMMENTS - Current Meeting: NOTICE IS HEREBY GIVEN, COUNCILMAN WICKHAM: pursuant to the provisions of Chapter 170 (Landmark Preservation) of the Town Code, the Town Board of the Town of Tuesday, October 21, 2008 at 5:05 P.M., Southold Town Hall, 53095 Southold hereby sets Main Road, Southold, New York as the time and place for a public hearing to consider the designation of the Goldsmith-Tuthill house on the town’s register of Historic Landmarks; the house is located at SCTM 1000-117-8-8, 16995 Main Street, New Suffolk, New York . The property owner has requested and the Historic Preservation Commission has recommended the property for inclusion on the town’s register. The file is available for review during regular business hours by contacting Damon Rallis at the Southold Town Building Department. If you have any questions, please do not hesitate to contact Damon Rallis at the Southold Town Building Department (631) 765-1802 or Damon.Rallis@town.southold.ny.us. I see Joan Robbins (the homeowner) is here with us this evening. I have a memorandum here from James Grathwohl, our Landmarks Preservation commissioner, the Chair of our October 21, 2008 Page 79 Minutes Southold Town Board Meeting th Commission. ‘On September 16, Southold Town Landmarks Preservation Commission voted to recommend that this property be placed on the Town’s register of historic landmarks. Please schedule a public hearing regarding the designation of this property in the Town of Southold. st We respectfully request that the hearing be scheduled for October 21.’ In this file is a note about the building and I can let others speak to it who have more intimate connection with it than I do but it is a pre-1873 as a date and it is indeed an historic structure. I have an original of the legal notice that appeared in the local newspaper about it and it has also appeared on the Town Clerk’s bulletin board outside. I guess that the only, that is the significant data I have on it. SUPERVISOR RUSSELL: Okay, I want to recognize, actually I have Landmark Preservation Commission member Barbara Schnitzler in the back, Joan Robbins, the homeowner of the home; Jim Grathwohl, the chairman of the group was here earlier, he left just a short time ago. Would anybody like to come up and address the Town Board on this particular designation? Please, come on up. JOAN ROBBINS: I will be very happy to have my property designated a landmark and for those that might be considering something like this, I wanted to say that before I applied I sought the advice of a very reputable local appraisal firm to see what change, what effect this might have on the value. And I was told that their experience showed that it really had no effect at all on value one way or the other. I had determined to do this in any case because I thought it was the best way I knew to protect the property. I do not want my house to be a tear down one day and I especially do not want my husband’s barn, Newt’s barn to be torn down. The other thing is, if this is approved, I will be only the fourth structure in New Suffolk to be designated a local landmark. The Methodist mission, which is now Janet McGowan’s house, the old Harbor House, which is Barbara Schnitzler’s and the New Suffolk school are the first three. And this is really a pity, because in a small hamlet that is less than one square mile in acreage, there are well over 40 structures still (inaudible) let were listed on the SPLIA list in 1985. I mean, we are not designated an historic district but we ought to be. Because we really are. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address on this designation? BARBARA SCHNITZLER: Barbara Schnitzler, Landmarks Commissioner. I am here to speak in support of Joan’s landmark and I am here to speak as a Commissioner but as a fellow New Suffolker and fellow landmark owner and I am just happy that every time I ride my bike down Main Street, I will know that I can always see her little house and her little barn and hopefully her garden, too. I know it will be safe and it will be there for my children and my grandchildren, too. Thank you. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Board on this issue of designation? (No response) RESULT: CLOSED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice October 21, 2008 Page 80 Minutes Southold Town Board Meeting AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Closing Statements SUPERVISOR RUSSELL: I think what we have now is an opportunity for anybody that wants to come up and address the Town Board on any issue of mutual interest? (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 6:42 P.M. * * * * * Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell